Toronto City Council
The full agenda, as filed
All 76 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
Items 26 to 50 of 76Show 2550100all
CC43.9adopted
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. Land Use and Transportation issues were resolved through negotiation and settlement discussions in the first Phase of the proceedings, resulting in a Decision and Order of the Local Planning Appeal Tribunal in May of 2021. The bulk of the remaining issues were also resolved through negotiation and settlement discussions which resulted in policy modifications which will be presented to the Ontario Land Tribunal (OLT) at a settlement hearing scheduled for May 19, 2022. The purpose of this report is to seek Council direction in respect of a further modification to the Port Lands Area Specific Policies to address a concern recently raised by the Toronto District School Board/Toronto Lands Corporation (TDSB/TLC). City Planning has been involved in the preparation of this report.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 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 Appendix A to the report (May 2, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 2, 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 (May 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council endorse the Toronto District School Board/Toronto Lands Corporation Proposed Modification, as set out in Confidential Appendix A to Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor. 2. City Council authorize the City Solicitor and any other City staff to support the Toronto District School Board/Toronto Lands Corporation Proposed Modification Settlement Proposal at the Ontario Land Tribunal, Port Lands Official Plan Modification Hearing (Phase 2). 3. City Council authorize the City Solicitor and any other City staff to take such further actions as necessary to give effect to City Council's decision. Confidential Appendix A to the report (May 2, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (May 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 information that is subject to solicitor-client and settlement privilege. The balance of Confidential Attachment 1 to the report (May 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 recommendations contained in Confidential Attachment 1. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, and Confidential Appendix A to Confidential Attachment 1, once adopted by City Council. 3. City Council direct that the remainder of Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains information that is subject to solicitor-client and settlement privilege.
MM43.9adopted
At its meeting July 17, 18 and 19, 2019, through Item TE7.15 , City Council authorized staff to enter into a Section 37 Agreement with MOD Developments (Charles) Inc. and 2690799 Ontario Inc. being the owners of 55 Charles Street East ("MOD"), to secure community benefits which included the transfer of the 218 Carlton Street property ("the Property") to the City, at no cost, for use as affordable rental housing. Prior to the transfer of the Property to the City, MOD is required to complete extensive renovations and make the Property suitable for its intended use. The Property, including the cost of acquisition and renovations, was valued at $6,400,000. City Council also authorized staff to issue a Request for Proposals to select a non-profit operator to lease 218 Carlton Street from the City for a term of 50 years. Following the Request for Proposals process, at its meeting March 10, 2021, through Item PH21.3 , Ckity Council approved Native Men's Residence to lease and operate the Property to provide affordable rental housing with supports for Indigenous men for a term of 50 years. Since March 2021, MOD has undertaken extensive pre-construction work in consultation with the City and Native Men's Residence. Building permits were recently issued and it is anticipated construction could start in May and be completed by the third quarter of 2023. However, due to a required redesign of the Property following the Request for Proposals process, in order to make it suitable for Indigenous housing plus unanticipated escalations in the cost of labour and materials, a $550,000 contribution is required from the City of Toronto to ensure completion of the project. This Motion recommends City Council approval of a one-time $550,000 contribution to be provided to the owner of 55 Charles Street East, fully funded by Section 37 (Planning Act Reserve Fund) community benefits received by the City for affordable housing purposes. Approval of this Motion will ensure that 9 self-contained new affordable rental units with supports are created, providing much-needed housing opportunities for Indigenous men who are overrepresented in the City's homeless population.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council authorize the Executive Director, Housing Secretariat to provide $550,000 inclusive of Harmonized Sales Tax and disbursements, from the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to the owner of 55 Charles Street East to support the renovation of the property municipally known as 218 Carlton Street to create affordable rental housing for Indigenous men, with such amount to be fully funded from Section 37 (Planning Act Reserve Fund) community benefits received by the City for affordable housing purposes, from the development at 88 Queen Street East, 10 Mutual Street and parts of 30-50 Mutual Street (XR3026-3701156). 2. City Council increase the 2022 Approved Operating Budget for the Housing Secretariat by $550,000 gross, to be payable to the owner of 55 Charles Street East, subject to the following conditions: a. the transfer of the designated funds from XR3026-3701156 to the Capital Revolving Reserve Fund for Affordable Housing (XR1058); and b. the owner of 55 Charles Street East and the City of Toronto entering into a Section 37 amending Agreement referred to in Part 3 below, on terms and conditions satisfactory to the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat. 3. City Council authorize the Executive Director, Housing Secretariat, in consultation with the Chief Planner and Executive Director, City Planning, to negotiate, and the City Clerk and Chief Financial Officer and Treasurer, City of Toronto to execute, on behalf of the City, a Section 37 amending Agreement with the owner of 55 Charles Street East, to provide a cash contribution of $550,000 referred to in Part 1 above, to ensure completion of the 218 Carlton Street property for future operation as affordable rental housing for Indigenous men, which renovations shall be completed in advance of the conveyance of the property to the City without further payments from the City and in accordance with the Section 37 A greement, with the amending agreement to be in a form satisfactory to the City Solicitor; the agreement will include details respecting a payment schedule as follows: a. 30 percent of the contribution to be paid by the City within 30 days of signing the Section 37 amending agreement; b. 50 percent of the contribution to be paid by the City within 30 days of 50 percent completion of construction, as confirmed by a quantity surveyor; and c. 20 percent of the contribution to be paid by the City within 30 days of completion of construction.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Mike Layton, recommends that: 1. City Council authorize the Executive Director, Housing Secretariat to provide $550,000 inclusive of HST and disbursements, from the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to the owner of 55 Charles Street to support the renovation of the property municipally known as 218 Carlton Street to create affordable rental housing for Indigenous men, with such amount to be fully funded from Section 37 (Planning Act Reserve Fund) community benefits received by the City for affordable housing purposes, from the development at 88 Queen Street East, 10 Mutual Street and parts of 30-50 Mutual Street (XR3026-3701156). 2. City Council increase the 2022 Approved Operating Budget for the Housing Secretariat by $550,000 gross, to be payable to the owner of 55 Charles Street, subject to the following conditions: a. the transfer of the designated funds from XR3026-3701156 to the Capital Revolving Reserve Fund for Affordable Housing (XR1058); and b. the owner of 55 Charles Street East and the City of Toronto entering into a Section 37 amending Agreement referred to in Part 3 below, on terms and conditions satisfactory to the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat. 3. City Council authorize the Executive Director, Housing Secretariat, in consultation with the Chief Planner and Executive Director, City Planning, to negotiate, and the City Clerk and Chief Financial Officer and Treasurer, City of Toronto to execute, on behalf of the City, a Section 37 amending Agreement with the owner of 55 Charles Street East, to provide a cash contribution of $550,000 referred to in Part 1 above, to ensure completion of the 218 Carlton Street property for future operation as affordable rental housing for Indigenous men, which renovations shall be completed in advance of the conveyance of the property to the City without further payments from the City and in accordance with the Section 37 A greement, with the amending agreement to be in a form satisfactory to the City Solicitor; the agreement will include details respecting a payment schedule as follows: a. 30 percent of the contribution to be paid by the City within 30 days of signing the Section 37 amending agreement; b. 50 percent of the contribution to be paid by the City within 30 days of 50 percent completion of construction, as confirmed by a quantity surveyor; and c. 20 percent of the contribution to be paid by the City within 30 days of completion of construction.
CC43.10adopted
Format Queensway Limited Partnership (the "Applicant") is the owner of the property municipally known as 875 The Queensway (the "Subject Site"), located approximately mid-block between Plastics Avenue and Canmotor Avenue, on the south side of The Queensway. The Subject Site is currently vacant, but was previously used for a gas station and car wash. To the east of the Subject Site is an 11-storey residential building that is currently being constructed, and to the west of the Subject Site is a 1-storey commercial building. On March 22, 2021, the Applicant submitted a Zoning By-law Amendment application to amend the former City of Etobicoke Zoning Code (Site Specific Zoning By-law No. 514-2003) (the "Application") to permit the redevelopment of the Subject Site with a 14-storey mixed-use building containing 183 residential units and 185 square metres of non-residential gross floor area at grade (the "Development"). The proposed Development would have a Floor Space Index ("FSI") of 6.61 times the area of the lot and an overall Gross Floor Area ("GFA") of 13,923 square metres. A total of 159 vehicular parking spaces are proposed in a three-level below-grade garage and 138 bicycle parking spaces are also proposed on-site. On June 4, 2021, the Applicant appealed the Application to the Ontario Land Tribunal (the "OLT") due to the City's failure to make a decision within the prescribed time period set out in the Planning Act. The appeal is known as OLT File OLT-21-001071. To date, the OLT has held one case management conference on November 16, 2021. In addition to the City and the Applicant, Costco Wholesale Canada Ltd. ("Costco") is also a party to the appeal. Costco owns and operates a commercial warehouse membership club store to the south-east of the Subject Site. The appeal is currently scheduled to be heard by the OLT during a 7-day hearing on October 3 to 12, 2022. The purpose of this report is to request further instructions regarding the OLT appeal and upcoming hearing. City Planning has been consulted in the preparation of this report.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 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 (May 2, 2022) from the City Solicitor. 3. City Council authorize the public release of Confidential Attachments 2 and 3 the report (May 2, 2022) from the City Solicitor. 4. City Council direct that the balance of Confidential Attachment 1 to the report (May 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 (May 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 April 12, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor and as generally shown on the Revised Plans dated April 6, 2022, in Confidential Attachment 3 to the report (May 2, 2022) from the City Solicitor, subject to Parts 2 to 5 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised proposal as set out in the without prejudice Settlement Offer dated April 12, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor and as generally shown on the Revised Plans dated April 6, 2022, in Confidential Attachment 3 to the report (May 2, 2022) from the City Solicitor. 3. City Council authorize the City Solicitor to request that the Ontario Land Tribunal issue an Order containing 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. 4. City Council 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, City Council 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 form and content of the draft Zoning By-law Amendment has been finalized to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, and shall include the following: i. a minimum of 10 percent of the dwelling units on the lands must be three-bedroom units and a minimum of 20 percent of the dwelling units on the lands must be two-bedrooms unit; and ii. any mitigation and/or restrictions on the proposed built form to address the accepted and peer reviewed Land Use Compatibility and Mitigation Study satisfactory to the Chief Planner and Executive Director, City Planning; b. the Applicant has provided a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary, and storm water capacity, and Storm Water Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; c. the Applicant has submitted a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services; d. 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, Storm Water Management Report, and the Transportation Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water, and the General Manager, Transportation Services; e. 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; f. the Applicant has submitted a revised Landscape Concept Plan, Soil Volume Plan, and Tree Preservation Plan, and all tree preservation matters are resolved, all to the satisfaction of the General Manager, Parks, Forestry, and Recreation; g. both the submitted Noise and Vibration Feasibility Study and the Land Use Compatibility and Mitigation Study have been peer reviewed by third-party consultants retained by the City of Toronto at the Applicant's expense and the Applicant has secured any mitigation measures and recommendations of the peer review, including obtaining City Council's approval to identify the Subject Site as a Class 4 Property, and with the design of any required mitigation measures to be secured through the site plan application review process, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and h. the Applicant has submitted updated Wind Studies, including a wind tunnel test complete with a statistical wind analysis to determine the impacts and efficacy of the recommended wind mitigation measures, with the design and construction of any required mitigation measures to be secured through the site plan application review process, all to the satisfaction of the Chief Planner and Executive Director, City Planning. 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 Attachments 2 and 3 the report (May 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 (May 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 (May 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 Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council authorize public release of Confidential Attachments 2 and 3 to this report, if the confidential recommendations contained in Confidential Attachment 1 are adopted by City Council. 4. City Council direct that all other information contained in Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor, as it contains advice subject to solicitor-client privilege.
MM43.10adopted
Violence against women is a Canadian public health crisis that demands urgent action. Sadly, one in four women experience domestic violence in their lifetime; and one woman or girl is killed every other day, on average, somewhere in our country. The COVID-19 pandemic has only exacerbated the domestic violence crisis. According to the National Judicial Institute, there is no mandatory education for Judges on domestic violence. The most dangerous time for a victim of abuse is when she separates from her partner. A formal education program regarding domestic violence or coercive control and other measures proposed in Private Member's Bill C-233 would ensure another line of defense for victims, as well as preventing violence and abuse before it happens. Abuse is the attempt by one person to control another using fear, violence or intimation. Abuse is not just physical but emotional, sexual, financial and psychological. Article 19 of the United Nations Convention on the Rights of the Child clearly states that children must be protected from "all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has care of the child. As reported by the Canadian Domestic Homicide Prevention Initiative, recent separation and domestic violence are the two biggest risk factors for domestic violence related child homicides and custody disputes are an additional risk factor. Member of Parliament Anju Dhillon's Private Member's Bill C-233, "Keira's Law", seeks to amend the Criminal Code to require a justice, before making a release order in respect of an accused who is charged with an offence against their intimate partner, to consider whether it is desirable, in the interests of the safety and security of any person, to include as a condition of the order that the accused wear an electronic monitoring device. As well, it amends the Judges Act to provide for continuing education seminars for judges on matters related to intimate partner violence and coercive control. Keira's Law is named after four-year-old Keira Kagan, who was killed while in the custody of her father, in 2020. Burlington, Vaughan and Halton Region Councils have passed motions in support of this Private Member's Bill.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council support Member of Parliament Anju Dhillon's Private Member's Bill C-233, "Keira's Law" which would amend the Criminal Code and Judges Act to strengthen measures to protect women and children from domestic violence. 2. City Council request that a copy of this Motion and City Council's decision be provided to all Toronto Members of Parliament and the leaders of all political parties with Members of Parliament.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Shelley Carroll, recommends that: 1. City Council support Member of Parliament Anju Dhillon's Private Member's Bill C-233, "Keira's Law" which would amend the Criminal Code and Judges Act to strengthen measures to protect women and children from domestic violence. 2. City Council request that a copy of this Motion and City Council's decision be provided to all Toronto Members of Parliament and the leaders of all political parties with Members of Parliament.
CC43.11adopted
1124 - 1130 Islington Avenue - Development Charges - Section 20 Complaint
This report concerns an appeal to the Ontario Land Tribunal from a complaint filed pursuant to section 20 of the Development Charges Act, 1997, regarding development charge payments made by the owner in respect of building permits issued to allow the construction of new buildings at 1124, 1128 and 1130 Islington Avenue.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 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 (May 2, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 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 (May 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council authorize the City Solicitor to settle the complaint made pursuant to section 20 of the Development Charges Act, 1997 by Islington Chauncey Residences Corp., dated December 24, 2019, and its subsequent appeal to the Ontario Land Tribunal on the following terms: a. the City refund to Islington Chauncey Residences Corporation the amount of $86,622.00 in respect of development charges paid by the applicant, plus interest from the date the development charge was paid to the City until the date that such refund is issued, in accordance with the prescribed rate under the Development Charges Act, 1997;and b. upon receipt of such refund, the applicant will withdraw its appeal to the Ontario Land Tribunal of its section 20 complaint, and will inform the Tribunal that the matter has been resolved. 2. City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in support of such settlement, and to take such other action as may be necessary to give effect to such settlement. The balance of Confidential Attachment 1 to the report (May 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 confidential instructions to staff in Confidential Attachment 1. 2. City Council authorize the public release of the recommendations set out in Confidential Attachment 1, once adopted by City Council, and that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.
MM43.11adopted
This Motion seeks to contribute $150,000 of Section 37 funds to assist General Brock Public School with the construction of a new playground. General Brock and the Community require a park that is Accessible for all and follows the Accessibility for Ontarians with Disabilities Act. The design will ensure student safety from Kindergarten to Grade 8 students. It will ensure that the public has outdoor activity and gathering spaces. It will include play structures, soccer, basketball, seating areas and pathways, shaded areas for outdoor learning and an enclosed Kindergarten outdoor learning area. The pathways will ensure accessibility to all areas of the school yard which previously have not been accessible due to the topography of the field. The funds will be forwarded to the Toronto District School Board once the Toronto District School Board has entered into a Community Access Agreement with the City governing the purpose of the funds, the financial reporting requirements and addressing community access to the improved facilities, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor, prepared in consultation with the Ward Councillor.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council increase the 2022 Approved Operating Budget for Non-Program by $150,000.00 gross, $0 net, (Cost Centre: NP2161) fully funded by Section 37 funds obtained in the development at 743 Warden Avenue, secured for community facilities in the Warden Wood Community (Source Account: XR3026-3700830), for the purpose of providing one time capital funding to the Toronto District School Board for playground improvements at General Brock Public School, subject to the Toronto District School Board entering into an acceptable Community Access Agreement with the City. 2. City Council request City staff from the Management Services Branch of Parks, Forestry and Recreation to participate in the preparation of the Community Access Agreement and City Council request the City Solicitor to draw up the Agreement, in consultation with the Ward Councillor and Community Planning staff, provided acceptable terms can be agreed upon. 3. City Council authorize the execution of a Community Access Agreement with the Toronto District School Board for the capital improvements to the playgrounds at General Brock Public School, for a term of 25 years and on such other terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor. 4. City Council direct that the funds be forwarded to the Toronto District School Board once the Toronto District School Board has signed an acceptable Community Access Agreement with the City governing the purpose of the funds, the financial reporting requirements and addressing community access to the playground facilities. 5. City Council direct that if a mutually acceptable Community Access Agreement cannot be agreed upon that the funds will not be transferred to the Toronto District School Board and shall be made available for other community facilities in the Warden Wood Community.
Staff recommendation as filed
Councillor Gary Crawford, seconded by Councillor Michael Thompson, recomends that: 1. City Council increase the 2022 Approved Operating Budget for Non-Program by $150,000.00 gross, $0 net, (Cost Centre: NP2161) fully funded by Section 37 funds obtained in the development at 743 Warden Avenue, secured for community facilities in the Warden Wood Community (Source Account: XR3026-3700830), for the purpose of providing one time capital funding to the Toronto District School Board for playground improvements at General Brock Public School, subject to the Toronto District School Board entering into an acceptable Community Access Agreement with the City. 2. City Council request City staff from the Management Services Branch of the Parks, Forestry and Recreation Division to participate in the preparation of the Community Access Agreement and City Council request the City Solicitor to draw up the Agreement, in consultation with the Ward Councillor and Community Planning staff, provided acceptable terms can be agreed upon. 3. City Council authorize the execution of a Community Access Agreement with the Toronto District School Board for the capital improvements to the playgrounds at General Brock Public School, for a term of 25 years and on such other terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor. 4. City Council direct that the funds be forwarded to the Toronto District School Board once the Toronto District School Board has signed an acceptable Community Access Agreement with the City governing the purpose of the funds, the financial reporting requirements and addressing community access to the playground facilities. 5. City Council direct that if a mutually acceptable Community Access Agreement cannot be agreed upon that the funds will not be transferred to the Toronto District School Board and shall be made available for other for community facilities in the Warden Wood Community.
CC43.12adopted
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 No. 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 May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 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 (May 2, 2022) from the City Solicitor; and b. Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 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 (May 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 April 29, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor, (the "Revised Proposal") subject to Parts 2 to 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 April 29, 2022, in Confidential Attachment 2 to the report (May 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: i. the owner shall submit a revised Functional Servicing Report demonstrating sufficient capacity to accommodate the servicing demand for this development, to the satisfaction of the Executive Director, Engineering and Construction Services; and ii. the owner shall enter agreement(s) for the construction of any improvements to existing municipal infrastructure, as required, to the satisfaction of the Executive Director, Engineering and Construction Services. 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 at its sole expense provided a 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 and the General Manager, Toronto Water. 5. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision. Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (May 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 Attachment 2.
MM43.12adopted
The prohibition of driveway parking of commercial vehicles in residential neighbourhoods is creating an unforeseen problem for some residents. The zoning restrictions fail to take into account the special needs of residents whose work requires them to be on-call around-the-clock to provide rapid emergency services using a company van or other commercially licensed vehicle. Examples of employers providing 24-hour service include hydro and natural gas utilities, property management firms, fire alarm services and elevator repair companies among others. To facilitate an immediate emergency service response, service workers in these companies are often required to park a company service vehicle at home. These workers need driveway parking for company vehicles that is easily accessible and unblocked by other vehicles at their residence. Current zoning bylaws only permit the parking of commercially-plated vehicles inside of residential garages.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Municipal Licensing and Standards, to review zoning regulations that restrict outdoor parking of commercially licensed vehicles on private property in residential areas, with consideration for the need for vehicle operators to have convenient parking for commercial vehicles available near their residence, and to report to the Planning and Housing Committee on the outcome of the review with any appropriate recommendations for zoning by-law amendments.
Staff recommendation as filed
Councillor Michael Thompson, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Municipal Licensing and Standards, to review zoning regulations that restrict outdoor parking of commercially licensed vehicles on private property in residential areas, with consideration for the need for vehicle operators to have convenient parking for commercial vehicles available near their residence, and to report to the Planning and Housing Committee on the outcome of the review with any appropriate recommendations for zoning by-law amendments.
CC43.13adopted
1221 Markham Road - Minor Variance and Site Plan Control Appeals - Request for Further Direction
On April 21, 2011 the former Ontario Municipal Board issued a decision approving the Zoning By-law Amendment for the property municipally known as 1221 Markham (the "Site"). Pursuant to the approved Zoning By-law Amendment, the Apartment (A) zoning on the Site continues to be regulated under the former City of Scarborough Woburn Community Zoning By-law No. 9510, as amended. The Zoning By-law Amendment established new development permissions for 733 dwelling units in three apartment towers and 62,165 square metres of overall gross floor area density in return for the owner providing, prior to the first building permit for any phase of the development, $440,000 toward community benefits under Section 37 of the Planning Act. Of this amount $240,000 was allocated toward improvements to Woburn Park, and $200,000.00 allocated toward improvements to the Scarborough Animal Shelter and/or streetscape improvements to public roads in the vicinity of the site. As there was no draft plan of subdivision application involved, the requirement for the owner to construct and convey a new public street along the south and east portions of the Site, as identified through the 2009 Markham-Ellesmere Revitalization Study, was also secured through the Section 37 Agreement as a legal convenience. The original owner did not proceed with the redevelopment on the Site. In July 2020 the new owner submitted a significantly more comprehensive Site Plan Control application (20 171710 ESC 24 SA) (the "Site Plan Control Application") for a similar three tower development. Through the review process it became apparent that zoning relief would be required to accommodate the more detailed site plan and building designs now proposed. The proposed Site Plan includes additional 146 dwelling units (totalling 879 units) and 13,595 square metres of additional density (totalling 75,760 square metres), along with a number of height variances. Additionally the new owner is seeking a revision to the registered Section 37 Agreement to adjust the timing obligations for the construction of the new public street and its conveyance to the City. In October 2021 the owner submitted a minor variance application (Application 21 228990 ESC 24 MV (A0347/21SC)) (the "Minor Variance Application") to secure a total of 28 variances, some by necessity replicating similar variances to development standards specific to each of the three buildings. Planning staff concluded that the matter should be presented to City Council for consideration, having regard for the number of variances, the increase in the unit count and density, as well as the proposed amendments to the registered Section 37 Agreement in order to secure design, construction and conveyance of the new public road. Accordingly, Planning staff recommended that the Committee of Adjustment refuse the Minor Variance Application. At its hearing on December 8, 2021, the Committee of Adjustment refused the Minor Variance Application. On December 13, 2021 the owner appealed the Site Plan Control Application to the Ontario Land Tribunal (the "OLT"), citing the City's failure to approve the Site Plan within 30 days of its submission, as provided in section 114 of the City of Toronto Act, 2006. On December 14, 2021, the owner also appealed the Committee of Adjustment's decision on the Minor Variance Application to the OLT, requesting that the two appeals be consolidated for a joint hearing. On April 28, 2022 the OLT held the first Case Management Conference in these appeals. The second Case Management Conference is currently scheduled to take place on June 21, 2022. The purpose of this report is to request further instructions in advance of the second Case Management Conference. City Planning has been involved in the preparation of this report.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 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 (May 2, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 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 (May 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council authorize the City to enter into an amending Section 37 Agreement for the lands known as 1221 Markham Road to secure the following matters, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor: a. a total cash contribution of $1,420,000, in lieu of the originally secured $440,000, to be allocated towards community facilities in the Woburn Community at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; b. the cash contribution referred to in Part 1.a. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the amending Section 37 Agreement to the date of payment; c. in the event the cash contributions referred to in Part 1.a. above have not been used for the determined purpose within three (3) years of the date of the amending Section 37 Agreement, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands; and d. the design, construction and conveyance of the public roads, subject to the requirement that prior to the issuance of any above-grade building permit for the proposed redevelopment of the Site: i. the roads be substantially completed to base asphalt; ii. the roads be conveyed to the City; and iii. services be accepted by the City, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. 2. 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 (May 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 (May 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 (May 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 (May 2, 2022) from the City Solicitor if the confidential recommendations in Confidential Attachment 1 are adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report (May 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.
MM43.13adopted
Residents deserve to have a say in how our communities change. There is an established planning process that involves the review of development applications by City staff, which is followed by a community consultation meeting, before a final report is presented to City Council. Recent changes to the Ontario Planning Act have placed more pressure on the City of Toronto to review development applications faster. Recently, there have been situations where some developers have appealed their applications to the Ontario Land Tribunal before a community meeting has been held. Once a development application has been appealed to the Ontario Land Tribunal, there is no longer a legislated requirement for a community meeting. Resident input provides a crucial perspective on the impacts that these developments will have on the established local community. By immediately appealing their application at the first chance, developers are taking away the opportunity for residents to have their concerns about height, density, traffic, parking, affordable housing, infrastructure, shadowing, parks, etc., communicated directly to the developer through the community meeting. These actions signal that some developers are not interested in listening to resident feedback and are treating our community as nothing more than red tape. By circumventing the community meeting, these developers are cutting our community out of the development process. This Motion seeks to protect community input in the planning process by continuing to require a community meeting when a development application has been appealed for non-decision. This will help keep our communities informed of the details of a development application and would give them the information they need to decide if they want to participate in the appeal process.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council request the Province of Ontario to amend the Planning Act or Ontario Land Tribunal Act to require any applicant who appeals a planning application for lack of decision to hold a community consultation meeting with City Planning and the local City Councillor, at the applicant's expense prior to the first Case Management Conference at the Ontario Land Tribunal, to ensure that members of the public are aware of the details of the development in order to consider whether they wish to participate in the Ontario Land Tribunal proceedings.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Councillor Anthony Perruzza, recommends that: 1. City Council request the Province of Ontario to amend the Planning Act or Ontario Land Tribunal Act to require any applicant who appeals a planning application for lack of decision to hold a community consultation meeting with City Planning and the local City Councillor, at the applicant's expense prior to the first Case Management Conference at the Ontario Land Tribunal, to ensure that members of the public are aware of the details of the development in order to consider whether they wish to participate in the Ontario Land Tribunal proceedings.
CC43.14amended
King-Spadina Secondary Plan - City-initiated Official Plan Amendment - Request for Directions
On January 29, 2020, City Council adopted Official Plan Amendment 486, which amended the existing Chapter 6, Section 16, King-Spadina Secondary Plan of the Official Plan. The Secondary Plan was subsequently appealed to the Ontario Land Tribunal (the "OLT") by 46 appellants. On December 15-17, 2021, City Council provided directions to the City Solicitor regarding the appeals of OPA 486. 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 May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (May 10, 2022) from the City Solicitor. 2. City Council direct that Confidential Attachment 1 and Confidential Appendix A to the supplementary report (May 10, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor. 3. City Council direct that Confidential Attachment 1 to the report (May 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. Confidential Attachment 1 to the report (May 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. Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor. Confidential Attachment 1 and Confidential Appendix A to the supplementary report (May 10, 2022) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contains advice that are subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendix A to the supplementary report (May 10, 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 direct that all information contained in Confidential Attachment 1 to the report (May 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.
MM43.14adopted
City Council has previously authorized a parkland dedication from the development at 840-860 Dupont Street and as the site proceeds to the next stage, City Council has the opportunity to accept a portion of these lands. The parkland dedication is approximately 700 square metres and being built as part of a residential development project in just north of Christie Pits. The City is planning to engage local residents and community members to help determine the park design in the months ahead. Parks Development and Capital Projects has additionally suggested approving a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the new park and will contribute to seeing this park being made available to the public, and future tenants as quickly as possible.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council approve the acceptance of on-site parkland dedication as previously authorized in Item 2016.CC17.1 adopted by City Council on March 31 and April 1, 2016 for the lands municipally known as 840-860 Dupont Street, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks and such other encumbrances, if any, where such encumbrances are deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such encumbrances will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management. 2. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the new park to be dedicated on the southwest corner of the site at 840-860 Dupont Street, all to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of the Development Charges payable for the development in accordance with the City's Development Charges By-law, may be amended from time to time.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Ana Bailão, recommends that: 1. City Council approve the acceptance of on-site parkland dedication as previously authorized in Item 2016.CC17.1 adopted by City Council on March 31 and April 1, 2016 for the lands municipally known as 840-860 Dupont Street, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks and such other encumbrances, if any, where such encumbrances are deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such encumbrances will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management. 2. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the new park to be dedicated on the southwest corner of the site at 840-860 Dupont Street, all to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of the Development Charges payable for the development in accordance with the City's Development Charges By-law, may be amended from time to time.
CC43.15adopted
On September 22, 2011, City Council adopted Official Plan Amendment 144 (through By-law 1168-2011) ("OPA 144"). OPA 144 was the result of the St. Clair West Avenue Study for the segment west of Keele Street/Weston Road to Scarlett Road, which was undertaken by City staff between 2009 and 2011. The effect of OPA 144 was to redesignate the lands on both the north and south sides of St. Clair Avenue to Mixed Use Areas. At the same meeting, City Council also passed corresponding Zoning By-law 1169-2011 and 1170-2011, which made amendments to parent Zoning By-law 438-86 to implement the direction of the OPA 144. OPA 144 and the implementing by-laws were appealed to the then-Ontario Municipal Board (now, the Ontario Land Tribunal) (the "Tribunal") by four landowners. On July 15, 2016, the Tribunal issued an Order bringing By-law 1169-2011, and portions of OPA 144 into force for the lands west of Runnymede Road, without prejudice to the continuation of the appeals of OPA 144 east of Runnymede Road. A copy of OPA 144 (By-law 1168-2011) can be found at the following link: http://www.toronto.ca/legdocs/bylaws/2011/law1168.pdf A copy of Zoning By-law 1169-2011 can be found at the following link: http://www.toronto.ca/legdocs/bylaws/2011/law1169.pdf A copy of Zoning By-law 1170-2011 can be found at the following link: https://www.toronto.ca/legdocs/bylaws/2011/law1170.pdf The purpose of this report is to provide an update to City Council on the status of the Tribunal proceeding and request further instructions. City Planning has been involved in the preparation of this report.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 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 Attachments A and B to the report (May 2, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor. The confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council authorize the City Solicitor to request the Ontario Land Tribunal to allow the appeals in part, and modify and approve Official Plan Amendment 144, substantially in accordance with Confidential Attachment B to the report (May 2, 2022) from the City Solicitor. 2. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Attachments A and B to the report (May 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 (May 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 or communications that is subject to solicitor-client privilege and information regarding potential litigation. The balance of Confidential Attachment 1 to the report (May 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 this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 and Confidential Attachments A and B, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 are to remain confidential at the discretion of the City Solicitor.
MM43.15adopted
Blackhurst Cultural Centre will be a purpose-built cultural centre led by A Different Booklist Cultural Centre, in partnership with the City of Toronto. Blackhurst Cultural Centre will provide permanent, affordable, accessible space for Black artistic and cultural production in Toronto. Blackhurst Cultural Centre will provide opportunities to experience the rich culture and history of Canadians of African and Caribbean ancestry, as a bookstore, non-profit hub and destination. The City is committed to supporting the future of this important Black cultural centre. Economic Development and Culture is leading an inter-divisional team to assist A Different Booklist Cultural Centre with navigating City planning, heritage, building, funding and legal processes. In December 2021, City Council authorized the Executive Director, Corporate Real Estate Management to negotiate and enter into a 49-year below-market rent lease agreement between the City and Blackhurst Cultural Centre, in respect of 756 Bathurst Street. The scope of capital improvements has been substantially adjusted since the inception of the project. The project scope will now include the complete demolition of the existing building, and removal of the heritage facade through panelization, preservation and reincorporation into the final building design as part of an entirely new building. Providing additional fee relief for the Blackhurst Cultural Centre supports goals of the Toronto Action Plan to Confront Anti-Black Racism, including supporting Black arts and culture, and leveraging City spaces to create a Black community hub in partnership with Black service providers.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council waive site plan fees in connection with the development and construction of the new cultural centre at 756 Bathurst Street, and authorize the waiver of any other City fees and charges set out in the tariff of fees in the Municipal Code Chapter 441 that may be waived by authority of City Council, and that would otherwise be payable by Blackhurst Cultural Centre to the City.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Gord Perks, recommends that: 1. City Council waive site plan fees in connection with the development and construction of the new cultural centre at 756 Bathurst Street, and authorize the waiver of any other City fees and charges set out in the tariff of fees in the Municipal Code Chapter 441 that may be waived by authority of City Council, and that would otherwise be payable by Blackhurst Cultural Centre to the City.
CC43.16adopted
2498703 Ontario Inc., 2498704 Ontario Inc., 60 Eglinton West Limited, and 90 Eglinton Avenue West Limited (the "Applicant" or "Madison") are the owner of the properties municipally known as 50, 60 and 90 Eglinton Avenue West and 17 to 19 Henning Avenue (the "Subject Site"), occupying the block between Duplex Avenue and Henning Avenue and fronting onto Eglinton Avenue West. The Subject Site is one block west of the intersection of Yonge Street and Eglinton Avenue. The Subject Site is currently occupied by a former-Toronto Hydro heritage building at 50 Eglinton Avenue West, a vacant 3-storey hydro depot building at 60 Eglinton Avenue West, a 6-storey office building with one level of underground parking at 90 Eglinton Avenue West, and two 2-storey semi-detached dwellings at 17 and 19 Henning Avenue. North of the Subject Site are predominantly residential Neighbourhoods designated lands. East of the site is the Yonge-Eglinton Centre and the Yonge Street and Eglinton Avenue intersection. South of the Subject Property is a 4-storey building housing the Toronto Police Services headquarters for 53 Division. Finally, west of the Subject Site along Eglinton Avenue West are various office buildings and residential apartment buildings ranging from 4-storeys to 13-storeys and Eglinton Park. The Subject Site is a consolidation of two previously separate development sites: 90 Eglinton Avenue West and 17 and 19 Henning Avenue ("90 Eglinton") and 50 and 60 Eglinton Avenue West ("50-60 Eglinton"). Both 90 Eglinton and 50-60 Eglington have existing development approvals. In 2017, City Council approved official plan and zoning by-law amendment applications for 90 Eglinton to permit the development of a 24-storey mixed-use building. As part of the 90 Eglinton approval, an indexed Section 37 contribution of $1,000,000 was required to be provided by the owner to the City for the purpose of improvements to Eglinton Park. In addition, the developer agreed to provide an off-site parkland dedication at 61 Montgomery Avenue to satisfy its parkland contribution requirements. The 90 Eglinton approvals are in-force as site-specific by-laws 824-2017, 825-2017, and 826-2017. In 2019, the Local Planning Appeal Tribunal (the "LPAT", now continuing as the Ontario Land Tribunal "OLT") approved a settlement regarding a zoning by-law amendment application for 50-60 Eglinton to permit the development of a 32-storey mixed-use building with a 2-3 storey base podium element. The 50-60 Eglinton settlement included a conservation strategy for the Toronto Hydro heritage building at 50 Eglinton Avenue West that included the provision of a minimum 3 metre wide double height walkway/colonnade within the existing building along Eglinton Avenue West and Duplex Avenue. As part of the 50-60 Eglinton approval, an indexed Section 37 contribution of $2,500,000 was required to be provided by the owner to the City. The Section 37 contribution was intended to be allocated as follows: $1,500,000 to public realm improvements in the previous Ward 16 (now Ward 8) and $1,000,000 to local park improvements in Ward 16 (now Ward 8), including Eglinton Park. In addition, the developer agreed to provide an off-site parkland dedication at 58 Helendale Avenue and an indexed cash-in-lieu contribution of $900,000 to satisfy its parkland contribution requirements. The LPAT withheld its final order pending the completion of certain pre-approval conditions to the satisfaction of the City. The conditions have not been completed at this time. The Applicant has now consolidated 90 Eglinton and 50-60 Eglinton under single ownership. On December 15, 2020 the Applicant submitted a revised zoning by-law amendment application (the "Application") for the entire consolidated Subject Site. The new development proposes two residential towers of 34 storeys (west tower at 90 Eglinton) and 39 storeys (east tower at 50-60 Eglinton) (the "Development"). The towers are joined by a combined 4-storey podium building containing retail and office uses. The Development includes 688 residential units and a total gross floor area ("GFA") of 54,806 square metres, comprised of 47,809 square metre or residential uses, 2,919 square metres of retail uses, and 4,078 square metres of office uses. The proposed FSI is 13.73 times the area of the lot. A total of 292 parking spaces would be provided within the new proposal, consisting of 204 residential spaces and 88 shared visitor/office/retail spaces. A total of 727 bicycle parking spaces are also proposed. Vehicular access to the Subject Site is proposed from Henning Avenue and Duplex Avenue by way of an east-west private lane running along the north end of the site. The lane will provide access to the vehicular entrance to the below grade parking levels and the loading spaces. One Type 'B', two Type 'C', and one Type 'G' loading space would be provided. A total of 2,786 square metres (4.05 square metres per unit) of amenity space is being proposed. A total of 1,502 square metres (2.18 square metres per unit) of indoor amenity space is included in the Development, of which 1,343 square metres would be located on the fourth storey adjacent to the outdoor amenity area and 132 square metres would be located on the fifth storey. A total of 1,284 square metres (1.87 square metres per unit) of outdoor amenity space is proposed on the fourth storey adjacent to the indoor amenity space. The Consolidated Application proposes to remove the pedestrian colonnade along the south and east walls of the designated heritage building at 50 Eglinton Avenue West. The colonnade has been replaced with additional retail GFA. On March 17, 2021, the Applicant appealed the Application to the LPAT, now the OLT, due to the City's failure to make a decision within the prescribed time period set out in the Planning Act. The appeal is known as OLT File PL210193. To date, the OLT has held one case management conference on September 1, 2021. In addition to the City and the Applicant, the Eglinton Park Residents' Association ("EPRA") is also a party to the appeal. The appeal is currently scheduled to be heard by the OLT during a 12-day hearing on August 8 to 23, 2022. The City, Applicant, and EPRA attended formal mediation regarding the OLT appeal on November 3 and December 6, 2022. The purpose of this report is to request further instructions regarding the OLT appeal and upcoming hearing. City Planning has been involved in the preparation of this report.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 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 (May 2, 2022) from the City Solicitor. 3. City Council authorize public release of Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor. 4. City Council direct that the balance of Confidential Attachment 1 to the report (May 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 (May 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 April 27, 2022 and as generally shown on the Revised Plans dated March 23, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor, subject to Parts 2 to 8 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised proposal as set out in the without prejudice Settlement Offer dated April 27, 2022 and as generally shown on the Revised Plans dated March 23, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor. 3. City Council accept an off-site parkland dedication of the properties at 61 Montgomery Avenue and 58 Helendale Avenue as well as an indexed cash-in-lieu contribution of $900,000.00 payable upon the issuance of the first above grade building permit in satisfaction of the Applicant's required parkland contribution pursuant to Section 42 of the Planning Act, with the location and configuration of the off-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor; the off-site parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry, and Recreation and the City Solicitor. 4. City Council approve a development charge credit, if applicable, against the Parks and Recreation component of the development charges for the design and construction by the Applicant of above base park improvements to the satisfaction of the General Manager, Parks, Forestry, and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Applicant of designing and constructing the above base park improvements, as approved by the General Manager, Parks, Forestry, and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 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 $4,750,000 to be paid by the Application prior to the issuance of the first above-grade building permit for the proposed development, to be allocated as follows, all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor: a. $2,000,000 to be used for improvements to local park improvements in Ward 8, including Eglinton Park; b. $1,500,000 to be used for public realm improvements in Ward 8 in the Yonge Eglinton Secondary Plan area; and c. $1,250,000 to be used for local area improvements in the vicinity of the Subject Site; and ii. in the event that the cash contribution in Part 5.a.i. above has not been used for the intended purpose within two (2) years of the Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor, provided that the purpose is identified in the Toronto Official Plan or the Yonge Eglinton Secondary Plan and will benefit the community in the vicinity of the Subject Site; and b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. the conveyance by the Applicant to the City of the off-site parkland dedication as referenced in Part 3 above, as well as the above-base improvements for such off-site parkland and the related development charge credit referenced in Part 4 above, if applicable, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Parks, Forestry, and Recreation, and the City Solicitor; ii. streetscape improvements by the Applicant on Duplex Avenue, including a sidewalk widening of approximately 3 metres at the intersection of Eglinton Avenue West and Duplex Avenue, and additional above-base streetscape and landscaping treatments adjacent and in the vicinity of the Subject Site to be provided at the Applicant's sole cost, all to the satisfaction of the Chief Planner and Executive Director, City Planning; iii. the conservation of the designated heritage former Toronto Hydro building at 50 Eglinton Avenue West, substantially in accordance with the description in the without prejudice Settlement Offer dated April 27, 2022 and as generally shown on the Revised Plans dated March 23, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor, to be provided by the Applicant at the Applicant's sole cost, and the provision of a minimum 3 metres wide double height publicly accessible walkway/colonnade along Duplex Avenue, to the satisfaction of the Senior Manager, Heritage Planning, and that the Applicant enter into any required agreements securing these features, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and iv. the Applicant shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a public access easements over the east-west driveway connection running along the northern boundary of the Subject Site and connecting Duplex Avenue and Henning Avenue as generally shown on the Revised Plans dated March 23, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor and having a minimum depth of not less than 7 metres wide for the driveway connection; the specific size, location, configuration, and design of the public access connection shall be determined through the Site Plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, North York District; the Applicant shall own, operate, maintain, and repair the area of the public access easement, all at the Applicant's own expense. 6. City Council authorize the City Solicitor to request the Ontario Land Tribunal to issue an Order containing the following: a. the final form and content of the draft Zoning By-law Amendment 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 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, City Council 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 provided a revised Functional Servicing Report, Storm Water Management Report, and Hydrogeological Report addressing the outstanding issues in the Engineering and Construction Services' Memorandum dated March 18, 2021, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; b. the Applicant has submitted a revised Transportation Impact Study, Parking and Loading Study, and Waste Management Study, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; and 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, Storm Water Management Report, and the Transportation Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water, and the General Manager, Transportation Services. 8. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (May 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 (May 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 Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council authorize public release of Confidential Attachment 2 to this report, if the confidential recommendations contained in Confidential Attachment 1 are adopted by City Council. 4. City Council direct that all other information contained in Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor, as it contains advice subject to solicitor-client privilege.
MM43.16adopted
This Motion seeks authorization to release $4,250 in Section 37 funds to Heritage Toronto for the creation and installation of a heritage plaque to recognize Donald Willard Moore. Donald Willard Moore (1891-1994) was a leader in Toronto's Black community and a civil rights activist who fought to change Canada's exclusionary immigration laws. Born in Barbados, Donald Moore came to Toronto via New York City and Montreal. He worked for the Canadian Pacific Railway as a sleeping car porter, which brought him to Toronto. Travel across Canada by train could take up to four days and three nights. Sleeping car porters, based in downtown Toronto, prepared passenger cars for travel and served passengers during the journey. Black men were preferred for sleeping car porter jobs because of their long history in domestic service to whites. Porters working for Canadian railways came from Black communities in Canada, but were also recruited directly from the United States and the Caribbean. After leaving the sleeping car porters, Donald Moore became a tailor and the owner of Occidental Cleaners and Dyers, located at 318 Spadina Avenue. The store became an important meeting place for the Caribbean community. The Toronto branch of Marcus Garvey's Universal Negro Improvement Association was established there, as well as the West Indian and Progressive Association and the West Indian Trading Association. The Universal Negro Improvement Association later found a permanent home at 355 College Street. In 1951, Donald Moore founded what became known as the Negro Citizenship Association. The group challenged systemic racism in Canada's immigration laws that limited Black Caribbean migrants legally entering the country. In 1954, Donald Moore and members of the Negro Citizenship Association led a delegation to Ottawa to propose reforms to the government. The delegation brought attention to the unjust law and resulted in a historic relaxation of immigration rules, allowing Black Caribbean workers to work in Canada and apply for permanent residency. Later in life, Donald Moore established the Donavalon Centre at 20 Cecil Street. Recognizing his lifetime of work, Moore received many awards, including the City of Toronto Award of Merit in 1982, the Order of Ontario in 1988, and the Order of Canada in 1990. This plaque will replace a previous plaque for Donald Willard Moore erected by the City of Toronto's Culture Division that was recently stolen from its location at 20 Cecil Street.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council increase the 2022 Approved Operating Budget for Heritage Toronto on a one-time basis by $4,250.00 gross, $0 net, fully funded by Section 37 community benefits obtained from the development at 297 College Street, secured for streetscape improvements (Source Account: XR3026- 3700586), for the production and installation of a heritage plaque to recognize Donald Willard Moore (Cost Centre: HG0001).
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Gord Perks, recommends that: 1. City Council increase the 2022 Approved Operating Budget for Heritage Toronto on a one-time basis by $4,250.00 gross, $0 net, fully funded by Section 37 community benefits obtained from the development at 297 College Street, secured for streetscape improvements (Source Account: XR3026- 3700586), for the production and installation of a heritage plaque to recognize Donald Willard Moore (Cost Centre: HG0001).
CC43.17adopted
On November 17, 2017 TAS Tecumseth Niagara GP Inc. (the "Applicant") submitted Official Plan and Zoning By-law amendment applications (Application 17 264041 STE 19 OZ) (the "Applications") for the lands at 2 Tecumseth Street and 125 - 133 Niagara Street (the "Site"). The Applications proposed a 4-building mixed use development on the Site. The Applicant appealed the Applications to the Ontario Land Tribunal (the "Tribunal"), citing City Council's failure to make a decision within the time prescribed by the Planning Act. On July 5, 2019, the Applicant submitted a with prejudice offer to the City, attached to the City Solicitor's Report (May 2, 2022) as Public Attachment 1 (the "Original Settlement Offer"). On October 2, 2019 City Council approved the revised plans and authorized the City Solicitor and City staff to attend the Ontario Land Tribunal (the "Tribunal") in support of the revised proposal. On January 16, 2020 the City and the Applicant provided uncontested evidence to the Tribunal in support of the revised proposal. On February 21, 2020 the Tribunal issued an interim order approving the revised proposal in principle, pending the fulfilment of several conditions, including preparing the final form of the Zoning By-law amendment and entering into a Section 37 Agreement to secure community benefits and matters of legal convenience. On April 26, 2022 the Applicant submitted to the City a with prejudice letter, attached hereto as Public Attachment 2, proposing further revisions and refinements to the Original Settlement Offer accepted by Council and conditionally approved by the Tribunal (the "Revised Settlement Offer"). The purpose of this report is to request further instructions with respect of the Zoning By-law Amendment and the Revised Settlement Offer.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 3, 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 (May 3, 2022) from the City Solicitor. 3. City Council authorize the public release of the Financial Impact section in Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor. 4. City Council direct that the balance of Confidential Attachment 1 to the report (May 3, 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 (May 3, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the with prejudice revised settlement offer, attached to the report (May 3, 2022) from the City Solicitor as Public Attachment 2 (the "Revised Settlement Offer"), in respect of the appeal of the Zoning By-law Amendment application (Application 264041 STE 19 OZ). 2. City Council direct the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to request the Ontario Land Tribunal to revise the conditionally approved Zoning By-law amendment by including the following permissions, subject to Part 3 below: a. increase the permitted gross floor area from 89,671 square metres to 92,600 square metres; and b. permit the use of a District Energy Facility. 3. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) for the development until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the 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, securing as a matter of legal convenience the design and construction of a District Energy Facility on the subject site, with the precise location and other details to be secured through an application for Site Plan Control approval; 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, the Executive Director, Housing Secretariat, and the City Solicitor, securing 26 affordable rental housing units as a community benefit in accordance with the terms of the with prejudice letter, including: i. no more than 18 one-bedroom units with an average unit size of 500 square metres; ii. at least six two-bedroom units with an average unit size of 725 square metres; iii. at least two three-bedroom units with an average unit size of 875 square metres; iv. maximum rents based on 80 percent of average market rent; and v. an affordability period of 40 years. 4. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision, including, but not limited to, requesting the Ontario Land Tribunal to modify its decision and conditions for the issuance of the final order in accordance with City Council's decision and, where appropriate, to request the issuance of any Order(s) for the development prior to the owner entering into any agreements referenced in Part 3 above. 5. City Council authorize 26 affordable rental units to be eligible for waivers of fees for planning application, building permit, parkland dedication and development charges exemptions on the lands known as 2 Tecumseth Street and 125-133 Niagara Street through the Open Door Affordable Rental Housing Program. 6. City Council authorize an exemption from taxation for municipal and school purposes for 40 years, for the 26 affordable rental units to be located on the lands known as 2 Tecumseth Street and 125-133 Niagara Street through the Open Door Affordable Rental Housing Program. 7. City Council authorize the Executive Director, Housing Secretariat to negotiate and enter into, on behalf of the City, a municipal housing project facility agreement (the "Contribution Agreement") with the owner for the development of the affordable housing to be constructed on the lands known as 2 Tecumseth Street and 125-133 Niagara Street, to secure the financial assistance being provided and to set out the terms of the operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and in a form approved by the City Solicitor. 8. City Council authorize City staff to cancel or refund any taxes paid after the effective date of the exemption from taxation for municipal and school purposes as set out in the Contribution Agreement. 9. City Council authorize the Executive Director, Housing Secretariat to execute, on behalf of the City, any security or financing documents required by the owner to secure construction and conventional financing and subsequent refinancing, including any postponement, tripartite, confirmation of status, discharge or consent documents of any City security documents where and when required during the term of the municipal housing facility agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by City Council. 10. City Council direct that in all other respects the City Council decision of October 2, 2019 in Item TE8.17 and the accepted terms of the original settlement offer, dated July 5, 2019, attached to the report (May 3, 2022) from the City Solicitor as Public Attachment 1 (the "Original Settlement Offer"), shall mutatis mutandis apply to the Revised Settlement Offer. The Financial Impact Section in Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (May 3, 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 (May 3, 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 (May 3, 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 (May 3, 2022) from the City Solicitor if the confidential recommendations in Confidential Attachment 1 are adopted by City Council. 3. City Council authorize the public release of the Financial Impact section contained in the Confidential Attachment 1 to the report from the City Solicitor (May 3, 2022) if the confidential recommendations in Confidential Attachment 1 are adopted by City Council. 4. City Council direct that all other information contained in Confidential Attachment 1 to the report from the City Solicitor (May 3, 2022) is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM43.17adopted
This Motion seeks authorization to release $7,500 in Section 37 funds to Heritage Toronto for the creation and installation of a heritage plaque to recognize Dr. Anderson Abbott. Anderson Ruffin Abbott (1837-1913) was the first Canadian-born Black doctor. He was also an educator, journalist, hospital administrator, coroner and poet. Born in Toronto, Abbott was the son of free Black property owners Wilson Ruffin and Ellen Abbott, who left Alabama after their store was ransacked in 1834. In Toronto, Wilson began to acquire land and buildings, and by 1871 he owned 48 properties and became active in politics. Anderson Abbott studied at University College in Toronto in 1858 and 1859 and apprenticed under Dr. Alexander Augusta, the first Black person licensed to practice medicine in Canada. Abbott attended the School of Medicine in Toronto and received his medical license in 1862. In 1863, Dr. Anderson Abbott attempted to enlist as a surgeon in the Union army in the American Civil War. At first rejected, he reapplied to be a medical cadet in an all-Black regiment and was accepted. Between 1863 and 1865, he served in Washington, DC. He received numerous commendations for his service and became popular in Washington society. He and Dr. Augusta were two of eight Black physicians to serve in the Union army during the American Civil War. The pair were close friends from their time together in Toronto and they caused a stir when they attended a public event together at the White House in February 1864. At the time, Black people were an extremely rare - and still controversial - sight in the White House. The pair were briefly introduced to President Abraham Lincoln and First Lady Mary Todd Lincoln and attended a small reception. Dr. Abbott would later recall feeling that they couldn't have "created more surprise if we had been dropped down upon [the guests] through the skylight." Following the end of the Civil War in 1865, Abbott left the military and returned to Canada where he was admitted to the College of Physicians and Surgeons of Ontario in 1869. He married Mary Ann Casey in 1871, the daughter of a successful Black barber. They moved to Chatham, where he was appointed Kent County Coroner in 1874, the first Black person to hold that position. As president of the Wilberforce Educational Institute from 1873 to 1880, he fought against racially segregated schools in Canada. Dr. Abbott was a contributor to various journals and in 1878 he was made president of the Chatham Literary and Debating Society and the Chatham Medical Society. In 1894, he returned to the US, where he became Surgeon-in-Chief at Provident Hospital in Chicago, Illinois, which had been established in 1892 as the first Black-owned hospital in the country and a training school for Black nurses. He returned to Toronto, where he resumed private practice and increasingly dedicated himself to writing editorials and articles for newspapers and magazines. His subjects included Black history, the Civil War, Darwinism, biology, poetry and medicine. Anderson Abbott died in 1913, having broken barriers in the medical field and advocated for racial equality in education. He was an active community leader and prominent member of Toronto's and Ontario's Black community. His achievements are all the more impressive considering they happened in a time when opportunities for social, political and economic advancement were denied to many Black Canadians. He is buried in the Toronto Necropolis.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council increase the 2022 Approved Operating Budget for Heritage Toronto on a one-time basis by $7,500.00 gross, $0 net, fully funded by Section 37 community benefits obtained from the development at 297 College Street, secured for streetscape improvements (Source Account: XR3026-3700586), for the production and installation of a heritage plaque to recognize Dr. Anderson Abbott (Cost Centre: HG0001).
Staff recommendation as filed
Councillor Mike Layton seconded by Councillor Gord Perks, recommends that: 1. City Council increase the 2022 Approved Operating Budget for Heritage Toronto on a one-time basis by $7,500.00 gross, $0 net, fully funded by Section 37 community benefits obtained from the development at 297 College Street, secured for streetscape improvements (Source Account: XR3026-3700586), for the production and installation of a heritage plaque to recognize Dr. Anderson Abbott (Cost Centre: HG0001).
CC43.18amended
This application proposes to amend the Official Plan and former City of North York Zoning By-law 7625 for the property at 51 Drewry Avenue and 8 to 28 Inez Court (the Site) to permit a 10 storey (32.15 metre) and 32 storey (97.65 metre) residential building connected via a 2 storey podium (the Development), a new north/south 26 metre wide public road parallel to Yonge Street (the Beecroft Road Extension), and a new 7,534 square metre public park (collectively, the 2014 Settlement Proposal). The application and related appeals are subject to a lengthy history, dating back to 2008. In November, 2011, Yolanda Flanders Developments Inc. and 2242148 Ontario Limited (the Owner) filed appeals to the Ontario Municipal Board, now known as the Ontario Land Tribunal (OLT or Tribunal). On April 1, 2014, City Council by its adoption of Item CC50.5, endorsed the 2014 Settlement Proposal in principle and required the Owner to submit a revised rezoning application to the City in order to implement the proposed settlement. The application then went dormant for a number of years. On August 27, 2021, the Owner filed revised plans for City staff to review, generally consistent with the 2014 Settlement Proposal. The City Solicitor requires further direction in respect of the implementation of the settlement of the appeals. This report recommends that the City Solicitor, together with City Planning and other appropriate staff, attend the OLT hearing generally in support of the 2014 Settlement Proposal, subject to further implementation details as set out herein. City Planning, Engineering and Construction Services, Transportation Services, and Parks, Forestry and Recreation staff have been involved in the preparation of this report.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council confirm its endorsement of the Development as contemplated in the 2014 Settlement Proposal, as generally shown on the Plans dated April 21, 2022 in Attachments 2 (West Elevation) and 3 (Site Plan) to the report (May 3, 2022) from the City Solicitor, subject to Parts 2 to 13 below. 2. City Council authorize the City Solicitor and appropriate City Staff to support the 2014 Settlement Proposal at the Ontario Land Tribunal. 3. City Council direct the City Solicitor to secure the capital facilities referred to below in an Agreement pursuant to Section 37 of the Planning Act, which agreement or agreements shall be registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; the Owner, at the Owner's expense and in accordance with, and subject to the agreements referred to above shall provide for or fund the following facilities on terms satisfactory to the City of Toronto in exchange for the increased density hereinafter set out: a. the community benefits and density incentives recommended to be secured in the Section 37 Agreement are as follows: i. upon Ontario Land Tribunal approval of the Zoning By-law Amendment or as soon as possible thereafter, and in any event, prior to or concurrent with the sale of part of Inez Court shown as Part 10 on Plan 66R-32549 (the Inez Court Bulb Lands), the Owner shall convey to the City, the lands identified as Parts 3, 4, 5, 15, 16 and 17 on Plan 66R-32549 (the Parkland Dedication Lands, all parts shown on Attachment 4 to the report (May 3, 2022) from the City Solicitor), comprising an area of 7,534.00 square metres for parks purposes, of which 5,374.49 square metres shall be over-contribution, additional to the statutorily required parkland dedication of 2,159.51 square metres required by Section 42(3) of the Planning Act; the Parkland Dedication Lands shall be free and clear, above and below grade, of all easements and encumbrances, in an environmental and base park condition acceptable to the General Manager, Parks, Forestry and Recreation; ii. concurrent with the conveyance of the Parkland Dedication Lands to the City, the Owner shall provide to the City funding for the design and construction of park improvements in the sum of $250,000.00, indexed upwardly in accordance with Statistics Canada's Construction Price Index (being the 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) calculated from the date of final approval of the Zoning By-law Amendment to the date of payment; iii. upon Ontario Land Tribunal approval of the Zoning By-law Amendment or as soon as possible thereafter, and in any event, prior to or concurrent with the sale of the Inez Court Bulb Lands (Part 10), the Owner shall convey, at no cost to the City, the lands identified as Parts 1, 2, 6, 8, 9, 13, 14, 18, 19 and 21 on Plan 66R-32549 (the Beecroft Extension Lands), comprising an area of 3,590.4 square metres, for future service road purposes; all Parts shown on Attachment 4 to the report (May 3, 2022) from the City Solicitor; the Beecroft Extension Lands shall be free and clear of all encumbrances both above and below grade (unless such encumbrances are agreed to by Transportation Services) and shall meet the environmental requirements of the City Council approved Engineering and Construction Services Directive titled "Environmental Site Assessment for Land conveyances"; and in the event that Part 20 on Plan 66R-32549 is stopped up and closed prior to the dedication of the Beecroft Extension Lands as public highway, the conveyance of the Beecroft Extension Lands shall be subject to a temporary access easement in favour of the adjacent development lands, to expire upon dedication of the Beecroft Extension Lands as public highway on terms and conditions satisfactory to the General Manager, Transportation Services and in a form satisfactory to the City Solicitor; iv. prior to issuance of the first above grade building permit for the development, the Owner shall provide to the City a monetary contribution toward the cost of acquiring lands for the North York Centre Service Road and associated road network and buffer areas, acquiring or improving parkland serving the North York Centre area, or constructing and furnishing a public recreational centre or social facility serving the North York Centre area, in an amount equal to $1,506.95 per square metre for up to 3,854.47 square metres of additional gross floor area, for a total amount of up to $5,808,494.00, indexed upwardly in accordance with Statistics Canada's Construction Price Index (being the 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) calculated from the date of final approval of the Zoning By-law Amendment to the date of payment; v. two bicycle rooms located on the ground floor with direct access from the outside, collectively containing a minimum of 55 bicycle parking spaces; and vi. a minimum of 1.5 square metres per dwelling unit of private indoor recreational amenity area; and b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. prior to the issuance of the first above grade building permit, the Owner shall make a cash contribution to the Toronto Transit Commission, in the amount of $35,000.00, for the installation of signal priority in the vicinity of the Site, indexed upwardly in accordance with Statistics Canada's Construction Price Index (being the 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) calculated from the date of final approval of the zoning by-law amendment to the date of payment; ii. prior to condominium registration, the Owner shall provide a pre-loaded PRESTO card with funds in the amount of $50 to each unit as part of the Transportation Demand Management strategy/information package; iii. the Owner shall design and provide financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, and Geohydrology Report to support the development prior to the issuance of the Notice of Approval Conditions, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development, according to the Functional Servicing and Stormwater Management Report, and Geohydrology Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and iv. provisions for the extension to the window for the Development Charges reduction addressed in Parts 5 and 6 below; provisions to waive the right-of-way occupancy fees for construction staging from the Beecroft Extension Lands addressed in Part 7 below, and provisions for the Owner to construct the Beecroft Extension and related requirements addressed in Part 8 below may also be included in the Section 37 Agreement as a legal convenience at the discretion of the parties. 4. City Council authorize the City Solicitor to request the Ontario Land Tribunal to 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 Owner, 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 3 above are to be secured in a Section 37 Agreement executed by the Owner and the City and registered on title to the Site, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 5. City Council direct that in connection with the early conveyance of the Parkland Dedication Lands and the Beecroft Extension Lands to the City, relief be provided from the 60 month time limit set out in Article 415-7C(1) of the City's Municipal Code (Development Charge By-law) in order to facilitate the early demolition of the twenty-one (21) single detached dwellings on the lands and the associated early conveyance of the Parkland Dedication Lands and the Beecroft Extension Lands to the City; such relief shall be contingent on the Parkland Dedication Lands and the Beecroft Extension Lands having been conveyed to the City as soon as possible after the approval of the Zoning By-law Amendment, and shall expire upon the later of fifteen (15) years from the issuance of the demolition permits for the twenty-one (21) dwelling units, or ten (10) years from completion and dedication of the Beecroft Road Extension service road adjacent to the Development lands. 6. City Council authorize the City Solicitor to enter into an Agreement(s) with the Owner that the Development Charges payable for the ultimate development on the subject property will be reduced by an amount calculated by multiplying twenty one (21) single detached dwellings (being the number of dwelling units required to be demolished to facilitate the redevelopment) by the Development Charge rate in effect for single detached dwellings at the time of building permit issuance for the redevelopment, and subject to the conditions set out in Part 5 above. 7. City Council direct that in consideration for and contingent on the early conveyance of the Beecroft Extension Lands to the City, the Owner be permitted to occupy the easternmost northbound lane and adjacent boulevard of the Beecroft Extension Lands in order to facilitate the staging of construction of the Development, and that any right-of-way occupancy fees that would otherwise be payable under Chapter 441 of the City's Municipal Code be waived for a maximum of three (3) years, commencing at any time within a ten (10) year period following the completion and dedication of the Beecroft Extension Lands; any such occupancy will be subject to the requirements of Chapter 743 of the City's Municipal Code, including the requirement to submit an application and obtain a right-of-way occupancy permit, a traffic management plan (including provision for maintained pedestrian and cycling access), and any other requirements such as insurance, security, indemnification, to the satisfaction of the General Manager, Transportation Services; and in the event the Owner wishes to occupy the Beecroft Extension Lands to facilitate the staging of construction of the Development prior to their dedication as public highway, the requirements of Chapter 743 will not apply, but the Owner shall enter into a license agreement with the City to occupy the lands for nominal consideration for a maximum of three (3) years, on terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor. 8. City Council direct that, in the event the Owner wishes to construct the Beecroft Road Extension within the Site (from Drewry to the south limit of its property) prior to the awarding of a contract by the City for construction of the Beecroft Road Extension, that the Owner be permitted to construct the Beecroft Road Extension within the Site, provided that they have first made satisfactory arrangements with Engineering and Construction Services and have entered into the appropriate agreement(s) with the City for the design and construction of the Beecroft Road Extension, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, including the necessary municipal infrastructure to service the site from Drewry Avenue to the south limit of the Site, which may include any necessary upgrades to existing servicing within Drewry Avenue. 9. City Council direct that the parkland dedication required pursuant to Section 42 of the Planning Act in connection with the Development shall be fulfilled by virtue of the conveyance of the Parkland Dedication Lands to the City as secured in the Part 3.a.i. above; in the event that the Owner submits a new application seeking additional density and/or unit permissions for the net development site in the future, the parkland dedication requirement will be determined in accordance with the applicable parkland dedication rates at that time, as applied to that net site; and if this occurs, the statutorily required Parkland Dedication Lands outlined in Part 3.a.i. above that have already been conveyed to the City (but none of the over-contribution) may be counted towards the fulfillment, in whole or in part, of the future parkland dedication requirements for the net development site at that time. 10. City Council direct that, prior to undertaking the base park conditioning, which must be completed prior to conveyance of the Parkland Dedication Lands, the Owner shall submit a cost estimate and any necessary plans including working drawings, specifications, and landscape plans showing the scope and detail of the work for the base park conditioning, for review and approval by the General Manager, Parks, Forestry and Recreation; the Owner shall post an irrevocable Letter of Credit in the amount of 120 percent of the value of the base park conditioning to the satisfaction of the General Manager, Parks, Forestry and Recreation; and no credit shall be given towards the Parks and Recreation component of the Development Charges for costs associated with base park conditioning. 11. City Council request the General Manager, Parks, Forestry and Recreation to include within the 10-Year Capital Plan the timely development of new parkland located at 51 Drewry Avenue and 8 to 28 Inez Court, in the 2023 budget submission for Parks, Forestry and Recreation, with growth related funding, including Development Charges and Section 42 First 5 percent cash-in-lieu monies, received. 12. City Council Council direct that Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor remain confidential as it contains advice that is subject to solicitor client privilege. 13. 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 (May 3, 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 confirm its endorsement of the Development as contemplated in the 2014 Settlement Proposal, as generally shown on the Plans dated April 21, 2022 in Attachments 2 (West Elevation) and 3 (Site Plan) to the May 3, 2022 report from the City Solicitor, subject to the recommendations set out below. 2. City Council authorize the City Solicitor and appropriate City Staff to support the 2014 Settlement Proposal at the Ontario Land Tribunal. 3. City Council direct the City Solicitor to secure the capital facilities referred to below in an agreement pursuant to Section 37 of the Planning Act, which agreement or agreements shall be registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. The Owner, at the Owner's expense and in accordance with, and subject to, the agreements referred to above, shall provide for or fund the following facilities on terms satisfactory to the City of Toronto in exchange for the increased density hereinafter set out: a. the community benefits and density incentives recommended to be secured in the Section 37 Agreement are as follows: (i) Upon Tribunal approval of the zoning by-law amendment or as soon as possible thereafter, and in any event, prior to or concurrent with the sale of part of Inez Court shown as Part 10 on Plan 66R-32549 (the Inez Court Bulb Lands), the Owner shall convey to the City, the lands identified as Parts 3, 4, 5, 15, 16 and 17 on Plan 66R-32549 (the Parkland Dedication Lands, all parts shown on Attachment 4), comprising an area of 7,534.00 square metres for parks purposes, of which 5,374.49 square metres shall be over-contribution, additional to the statutorily required parkland dedication of 2,159.51 square metres required by Section 42(3) of the Planning Act. The Parkland Dedication Lands shall be free and clear, above and below grade, of all easements and encumbrances, in an environmental and base park condition acceptable to the General Manager, Parks, Forestry & Recreation; (ii) Concurrent with the conveyance of the Parkland Dedication Lands to the City, the Owner shall provide to the City funding for the design and construction of park improvements in the sum of $250,000.00, indexed upwardly in accordance with Statistics Canada's Construction Price Index (being the 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) calculated from the date of final approval of the zoning by-law amendment to the date of payment; (iii) Upon Tribunal approval of the zoning by-law amendment or as soon as possible thereafter, and in any event, prior to or concurrent with the sale of the Inez Court Bulb Lands (Part 10), the Owner shall convey, at no cost to the City, the lands identified as Parts 1, 2, 6, 8, 9, 13, 14, 18, 19 and 21 on Plan 66R-32549 (the Beecroft Extension Lands), comprising an area of 3,590.4 square metres, for future service road purposes. All Parts shown on Attachment 4. The Beecroft Extension Lands shall be free and clear of all encumbrances both above and below grade (unless such encumbrances are agreed to by Transportation Services) and shall meet the environmental requirements of the Council approved ECS Directive titled "Environmental Site Assessment for Land conveyances". In the event that Part 20 on Plan 66R-32549 is stopped up and closed prior to the dedication of the Beercroft Extension Lands as public highway, the conveyance of the Beecroft Extension Lands shall be subject to a temporary access easement in favour of the adjacent development lands, to expire upon dedication of the Beecroft Extension Lands as public highway on terms and conditions satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor; (iv) Prior to issuance of the first above grade building permit for the development, the Owner shall provide to the City a monetary contribution toward the cost of acquiring lands for the North York Centre Service Road and associated road network and buffer areas, acquiring or improving parkland serving the North York Centre area, or constructing and furnishing a public recreational centre or social facility serving the North York Centre area, in an amount equal to $1,506.95 per square metre for up to 3,854.47 square metres of additional gross floor area, for a total amount of up to $5,808,494.00, indexed upwardly in accordance with Statistics Canada's Construction Price Index (being the 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) calculated from the date of final approval of the zoning by-law amendment to the date of payment; (v) two bicycle rooms located on the ground floor with direct access from the outside, collectively containing a minimum of 55 bicycle parking spaces; (vi) a minimum of 1.5 square metres per dwelling unit of private indoor recreational amenity area. b. The following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: (i) prior to the issuance of the first above grade building permit, the Owner shall make a cash contribution to the Toronto Transit Commission (TTC), in the amount of $35,000.00, for the installation of signal priority in the vicinity of the Site, indexed upwardly in accordance with Statistics Canada's Construction Price Index (being the 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) calculated from the date of final approval of the zoning by-law amendment to the date of payment; (ii) prior to condominium registration, the Owner shall provide a pre-loaded PRESTO card with funds in the amount of $50 to each unit as part of the Transportation Demand Management strategy/information package; (iii) the Owner shall design and provide financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, and Geohydrology Report to support the development prior to the issuance of the Notice of Approval Conditions, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development, according to the Functional Servicing and Stormwater Management Report, and Geohydrology Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and (iv) provisions for the extension to the window for the Development Charges reduction addressed below in Recommendations 5 and 6; provisions to waive the right-of-way occupancy fees for construction staging from the Beecroft Extension Lands addressed below in Recommendation 7, and provisions for the Owner to construct the Beecroft Extension and related requirements addressed below in Recommendation 8 of the Request for Direction Report from the City Solicitor, dated, May 3, 2022 may also be included in the Section 37 Agreement as a legal convenience at the discretion of the parties. 4. 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 Owner, 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 above in Recommendation 3 of the Request for Direction Report from the City Solicitor, dated, May 3, 2022, are to be secured in a Section 37 Agreement executed by the Owner and the City and registered on title to the Site, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 5. City Council direct that in connection with the early conveyance of the Parkland Dedication Lands and the Beecroft Extension Lands to the City, relief be provided from the 60 month time limit set out in Article 415-7C(1) of the City's Municipal Code (Development Charge By-law) in order to facilitate the early demolition of the twenty-one (21) single detached dwellings on the lands and the associated early conveyance of the Parkland Dedication Lands and the Beecroft Extension Lands to the City. Such relief shall be contingent on the Parkland Dedication Lands and the Beecroft Extension Lands having been conveyed to the City as soon as possible after the approval of the zoning by-law amendment, and shall expire upon the later of fifteen (15) years from the issuance of the demolition permits for the twenty-one (21) dwelling units, or ten (10) years from completion and dedication of the Beecroft Road Extension service road adjacent to the Development lands. 6. City Council authorize the City Solicitor to enter into an agreement(s) with the Owner that the Development Charges payable for the ultimate development on the subject property will be reduced by an amount calculated by multiplying twenty one (21) single detached dwellings (being the number of dwelling units required to be demolished to facilitate the redevelopment) by the Development Charge rate in effect for single detached dwellings at the time of building permit issuance for the redevelopment, and subject to the conditions set out above in Recommendation 5 of the Request for Direction Report from the City Solicitor, dated, May 3, 2022. 7. City Council direct that in consideration for and contingent on the early conveyance of the Beecroft Extension Lands to the City, the Owner be permitted to occupy the easternmost northbound lane and adjacent boulevard of the Beecroft Extension Lands in order to facilitate the staging of construction of the Development, and that any right-of-way occupancy fees that would otherwise be payable under Chapter 441 of the City's Municipal Code be waived for a maximum of three (3) years, commencing at any time within a ten (10) year period following the completion and dedication of the Beecroft Extension Lands. Any such occupancy will be subject to the requirements of Chapter 743 of the City's Municipal Code, including the requirement to submit an application and obtain a right-of-way occupancy permit, a traffic management plan (including provision for maintained pedestrian and cycling access), and any other requirements such as insurance, security, indemnification, to the satisfaction of the General Manager, Transportation Services. In the event the Owner wishes to occupy the Beecroft Extension Lands to facilitate the staging of construction of the Development prior to their dedication as public highway, the requirements of Chapter 743 will not apply, but the Owner shall enter into a license agreement with the City to occupy the lands for nominal consideration for a maximum of three (3) years, on terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor. 8. City Council direct that, in the event the Owner wishes to construct the Beecroft Road Extension within the Site (from Drewry to the south limit of its property) prior to the awarding of a contract by the City for construction of the Beecroft Road Extension, that the Owner be permitted to construct the Beecroft Road Extension within the Site, provided that they have first made satisfactory arrangements with Engineering and Construction Services and have entered into the appropriate agreement(s) with the City for the design and construction of the Beecroft Road Extension, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, including the necessary municipal infrastructure to service the site from Drewry Avenue to the south limit of the Site, which may include any necessary upgrades to existing servicing within Drewry Avenue. 9. City Council direct that the parkland dedication required pursuant to Section 42 of the Planning Act in connection with the Development shall be fulfilled by virtue of the conveyance of the Parkland Dedication Lands to the City as secured in the above Recommendation 3. a. (i) of the Request for Direction Report from the City Solicitor dated May 3, 2022. In the event that the Owner submits a new application seeking additional density and/or unit permissions for the net development site in the future, the parkland dedication requirement will be determined in accordance with the applicable parkland dedication rates at that time, as applied to that net site. If this occurs, the statutorily required Parkland Dedication Lands outlined above in Recommendation 3.a.(i) that have already been conveyed to the City (but none of the over-contribution) may be counted towards the fulfillment, in whole or in part, of the future parkland dedication requirements for the net development site at that time. 10. City Council direct that, prior to undertaking the base park conditioning, which must be completed prior to conveyance of the Parkland Dedication Lands, the Owner shall submit a cost estimate and any necessary plans including working drawings, specifications, and landscape plans showing the scope and detail of the work for the base park conditioning, for review and approval by the General Manager, PFR. The Owner shall post an irrevocable Letter of Credit in the amount of 120 percent of the value of the base park conditioning to the satisfaction of the General Manager, PFR. No credit shall be given towards the Parks and Recreation component of the Development Charges for costs associated with base park conditioning. 11. City Council Council direct that Confidential Attachment 1 remain confidential as it contains advice that is subject to solicitor client privilege. 12. 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.
MM43.18adopted
Actions to Prevent Auto Theft - by Councillor Mark Grimes, seconded by Councillor Mike Colle
There has been an exponential increase in auto thefts in Toronto, and across Ontario and Quebec, in 2022. City Council has previously requested the Federal and Provincial Governments to provide resources to the Toronto Police Service to combat this crime and requested the Province to establish a Provincial/Municipal Auto Theft Task Force. http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2021.MM38.25 However, according to Toronto Police Service data, incidents of auto theft are on trend to exceed 2021's rate by over 50 percent. The Toronto Police Chief has dedicated $2.1 million to a centralized unit targeting organized crime rings profiting from these thefts. Recent multi-jurisdictional auto theft targeted projects, including Project Tyga and Project Taurus, have resulted in some arrests and recovery of vehicles, but most stolen vehicles end up damaged or shipped overseas for resale. Devices to clone key fobs can be purchased relatively inexpensively online, and GPS and other tracking devices are quickly and easily disabled, which makes it an attractive opportunity for new thieves. These recent police projects have also revealed that thefts often involve violence towards the victims. Toronto Police provide information and resources for vehicle owners to help prevent thefts, yet every day dozens of people fall victim to this crime. Data on the most frequently stolen vehicle makes and models are readily available. Many insurance companies increase their rates for those vehicles. Anti-theft modifications on vehicles could be implemented by auto manufacturers; however, there has yet to be a concerted effort to do so.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council request the Federal and Provincial Governments to work with the automotive industry and the insurance industry on additional measures to prevent auto thefts, including at time of manufacture.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Councillor Mike Colle, recommends that: 1. City Council request the Federal and Provincial Governments to work with the automotive industry and the insurance industry on additional measures to prevent auto thefts, including at time of manufacture.
CC43.19adopted
On November 19, 2019, the applicant submitted an Official Plan Amendment to add a Site and Area Specific Policy (SASP) to permit a primarily residential development including a new public street and open space for the property at 860 Pharmacy Avenue, 9-40 Craigton Drive and 1 Rannock Street (the "Subject Lands"). The Subject Lands are located within the Golden Mile Secondary Plan area and are designated Apartment Neighbourhoods. On November 3, 2020, the applicant appealed their proposed SASP to the Ontario Land Tribunal (the "OLT") due to Council's failure to make a decision within the statutory timeframe. The purpose of this report is to request further instructions regarding a matter appealed to the OLT.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 3, 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 (May 3, 2022) from the City Solicitor, at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 3, 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. Confidential Attachment 1 and Confidential Appendices A, B and C to the report (May 3, 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 and information that is subject to solicitor-client privilege. The confidential instructions to staff adopted by City Council and Confidential Appendices A, B and C to the report (May 3, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor. August 30, 2022 The confidential instructions to staff in Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor were adopted by City Council, and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public: 1. City Council accept the settlement offer attached as Confidential Appendix A to the report (May 3, 2022) from the City Solicitor (the "Settlement Offer"), substantially in the form and content of Confidential Appendix B to the report (May 3, 2022) from the City Solicitor and endorse the Context Plan in Confidential Appendix C to the report (May 3, 2022) from the City Solicitor (together, the "Revised Proposal") for the lands municipally known as 860 Pharmacy Avenue, 9-23 and 32-40 Craigton Drive, and 1 Rannock Street (the "Development Site") and City Council direct the City Solicitor to attend the Ontario Land Tribunal to support the Revised Proposal, subject to Parts 2 to 5 below. 2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) on the Official Plan Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final content and form of the Official Plan Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including any revisions to the maps and schedules to the Official Plan Amendment as may be necessary to implement the Settlement Offer; b. the Owner has agreed to resolve its appeal of Official Plan Amendment 499, including the Golden Mile Secondary Plan and not seek any party or participant status on the appeals, and that Official Plan Amendment 499 as adopted by City Council is brought into force as it applies to the Site, subject to any authorized changes as may be required as determined by the Chief Planner and Executive Director, City Planning and the City Solicitor to implement this Settlement Offer for this Site, including, but not limited to, minimizing duplicative/repetitive policies, maps or references and, if deemed appropriate, incorporating the proposed Site and Area-Specific Policy into Section 14 of the Golden Mile Secondary Plan, instead of Chapter 7, Site and Area Specific Policies of the Official Plan; and c. the Owner has, at its sole cost and expense: i. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; ii. has secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; and iii. submitted a revised Multi-Modal Transportation Impact Study satisfactory to the General Manager, Transportation Services and thereafter secured the implementation of such requirements satisfactory to the General Manager, Transportation Services in consultation with the City Solicitor. 3. Prior to attending the Ontario Land Tribunal on this matter, City Council direct that the Owner submit to the City a complete resubmission on the Official Plan Amendment application including updated reports, plans, drawings and materials satisfactory to the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the appropriate divisions. 4. City Council direct that acceptance of this Settlement Offer is contingent upon the Owner providing satisfactory materials to address servicing capacity matters and infrastructure improvements, either through a Master Servicing Study for the Golden Mile Area or through a Functional Servicing and Stormwater Management Report for the Property in coordination with the Master Servicing Study to support the proposed density in this Settlement Offer satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services. 5. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendices A, B and C to the report (May 3, 2022) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and they can be accessed under Background Information (City Council).
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the Report (May 3, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, Confidential Appendix "A", Confidential Appendix "B", and Confidential Appendix "C" to the Report (May 3, 2022) from the City Solicitor, if adopted by City Council, at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1 to the Report (May 3, 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.
MM43.19adopted
Toronto Island Park is one our City's most treasured destinations, attracting 1.4 million visitors annually. Although it is most heavily used during the summer season, it is also increasingly being enjoyed during the wintertime. The opportunity to expand the use of this park during all seasons has been identified throughout the ongoing Toronto Island Master Plan process. A winter visit to the Island offers a special kind of experience for regular users and international tourists. Currently, there are challenges with supporting the best experience for users during the off-season, due to more limited amenities, and unpredictable changes to ferry schedules or complete diversions caused by winter conditions such as ice in the harbour. An alternative bus service operates during these times and is not currently serviced with fully accessible vehicles. While the Master Plan will provide direction on infrastructure improvements to enhance the winter experience, there is also an opportunity to review improvements in advance of this coming winter related to communications on winter services, service disruptions, the provision of accessible alternative bus service and the planning for winter mitigation measures at the Wards dock. A focused working group of stakeholders and City staff can provide recommendations for action in these areas, in order to enhance the visitor experience of all users for this coming winter season.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council request the General Manager, Parks Forestry and Recreation to convene a Winter Island Access Working Group, in consultation with the Ward 10 Councillor Office and including Technology Services and other appropriate divisions to provide recommendations for implementation prior to the 2022-2023 Island winter season including: a. improvements to communication for visitor experience in the off-season with respect to available amenities, shelter, and ferry service; b. improvements to alternative bus transport when ferry service is diverted, including coordination with the Toronto Transit Commission on provision of fully accessible service; and c. a review of winter conditions at Wards Island dock and planning of mitigation measures to address disruptions due to ice accumulation.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council request the General Manager, Parks Forestry and Recreation to convene a Winter Island Access Working Group, in consultation with the Ward 10 Councillor Office and including Technology Services and other appropriate divisions to provide recommendations for implementation prior to the 2022-2023 Island winter season including: a. improvements to communication for visitor experience in the off-season with respect to available amenities, shelter, and ferry service; b. improvements to alternative bus transport when ferry service is diverted, including coordination with the Toronto Transit Commission on provision of fully accessible service; and c. a review of winter conditions at Wards Island dock and planning of mitigation measures to address disruptions due to ice accumulation.
CC43.20adopted
Queenlaw Development Limited (the "Applicant") is the owner of the property municipally known as 1045-1049 The Queensway (the "Subject Site"), located on the south side of The Queensway, between St. Lawrence Avenue and Dorchester Avenue. The Subject Site was previously occupied by two 1-storey commercial buildings. To the south of the subject site are industrial buildings located with a Core Employment Areas designation and the Class 1 Industrial Zone. On January 18, 2018, the Applicant submitted a Zoning By-law Amendment application to amend the former City of Etobicoke Zoning Code (Site Specific Zoning By-law No. 514-2003) (the "Application") to permit the redevelopment of the Subject Site with a 14-storey (46 metres, plus an additional 6 metres for the mechanical penthouse) mixed-use building (the "Development"). The base building has a height of 6-storeys (21 metres). The building would have a U-shape configuration and would have an approximate separation distance between the interior building faces of 27.6 metres with balconies facing the interior. The Development is proposed to have a Gross Floor Area ("GFA") of 26,114 square metres (of which 613 square metres would be commercial space) for a total Floor Space Index ("FSI") of 6.67 times the area of the lot. The Development includes 325 residential dwelling units consisting of 186 one-bedroom units (57 percent), 106 two-bedroom units (33 percent) and 33 three-bedroom units (10 percent). A total of approximately 628 square metres of indoor amenity space would be located on the second and third floors and 675 square metres of outdoor amenity space would be located on the 3rd floor. A total of 330 parking spaces are proposed in three levels of underground parking. On January 7, 2020, the Applicant appealed the Application to the Local Planning Appeal Tribunal (the "LPAT"), now the Ontario Land Tribunal (the "OLT") due to the City's failure to make a decision within the prescribed time period set out in the Planning Act. The appeal is known as OLT File PL210053. To date, the OLT has held one case management conference on June 23, 2021. The appeal is currently scheduled to be heard by the OLT during a 10-day hearing on July 25 to August 5, 2022. The purpose of this report is to request further instructions regarding the OLT appeal and upcoming hearing. City Planning has been involved in the preparation of this report.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 3, 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 (May 3, 2022) from the City Solicitor. 3. City Council authorize public release of Confidential Attachments 2 and 3 to the report (May 3, 2022) from the City Solicitor. 4. City Council direct that the balance of Confidential Attachment 1 to the report (May 3, 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 (May 3, 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 April 30, 2022, in Confidential Attachment 2 to the report (May 3, 2022) from the City Solicitor and as generally shown on the Revised Plans dated April 29, 2022, in Confidential Attachment 3 to the report (May 3, 2022) from the City Solicitor, subject to Parts 2 to 7 set out below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised proposal as set out in the without prejudice Settlement Offer dated April 30, 2022, in Confidential Attachment 2 to the report (May 3, 2022) from the City Solicitor and as generally shown on the Revised Plans dated April 29, 2022, in Confidential Attachment 3 to the report (May 3, 2022) from the City Solicitor. 3. City Council approve the use of the over-dedication credit of 669.84 square metres of off-site parkland (the "Over-Dedication Credit"), which is related to the on-site parkland dedication for the rezoning approval for the property municipally known as 30 and 44 Zorra Avenue and that was secured in Section 4 of the Section 37 Agreement dated July 14, 2020 between Zorra Street Developments Inc. and the City (Instrument AT5503632) (the "30 and 44 Zorra Section 37 Agreement"), with such Over-Dedication Credit to be applied to the Applicant's parkland dedication requirements pursuant to Section 42 of the Planning Act for the proposed redevelopment of the Subject Site, which is identified as a Benefiting Future Development pursuant to the terms of that Agreement; City Council require that any parkland dedication remaining after the application of the Over-Dedication Credit shall be satisfied by the Applicant through payment of cash-in-lieu or off-site parkland dedication, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and City Council require, pursuant to section 4.3 of the 30 and 44 Zorra Section 37 Agreement, that as a condition of the application of the Over-Dedication Credit the Applicant must complete the following prior to any final approval of the Applicant's Zoning By-law Amendment for the Site, all to the satisfaction of the City Solicitor: a. the Applicant shall: i. if the Applicant is not Zorra Street Developments Inc., provide a solicitor's corporate opinion confirming that it is a Zorra Street Developments Inc. entity, authorized to benefit from the Over-Dedication Credit by Zorra Street Developments Inc., to the satisfaction of the City Solicitor; ii. provide a sworn acknowledgement to the General Manager, Parks, Forestry, and Recreation confirming the amount of the Over-Dedication Credit that has been used; and iii. acknowledge in a development agreement (with the appropriate agreement to be determined by the City Solicitor) for the Zoning By-law Amendment application for the Subject Site the extent to which the Applicant has drawn on the Over-Dedication Credit. 4. City Council authorize the City Solicitor to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. an indexed cash contribution of $1,200,000 to be paid by the Application prior to the issuance of the first above-grade building permit for the proposed development, to be allocated to the following to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor: a. streetscape improvements along The Queensway through the Shop the Queensway Business Improvement Area; b. traffic control and street improvement measures for The Queensway, including but not limited to road safety and local traffic calming and future bicycle lanes; c. improvements to local parks and trails located in Ward 3, including but not limited to The Queensway Park and Mimico Park Trail; d. the provision of not-for-profit daycares in Ward 3; and e. affordable housing units; ii. in the event that the cash contribution in Part 4.a.i. above has not been used for the intended purpose within two (2) years of the Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor; and b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. the conveyance by the Applicant to the City of a road widening of 0.4 metres along the St. Lawrence Avenue frontage of the Subject Site; ii. the Applicant shall shall construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard (Version 3), and the Applicant will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where applicable, consistent with the performance standards of Toronto Green Standards applicable at the time of the Site Plan Application for the building on the Subject Site; iii. the Applicant shall satisfy the requirements of the Toronto District School Board regarding warning clauses and signage with respect to school accommodation issues; iv. the Applicant shall provide a minimum of 10 percent of the dwelling units on the lands must be three-bedroom units and a minimum of 20 percent of the dwelling units on the lands must be two-bedroom units; v. the Applicant shall secure any required noise mitigation measures identified in the peer review of the Environmental Noise Assessment and Odour Review - Letter of Opinion and the Applicant shall construct and maintain any such required noise mitigation measures, with such design to be secured through the Site Plan Application review process, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and vi. the Applicant shall secure any required wind mitigation measures identified in the peer review of the wind tunnel test and statistical wind analysis and the Applicant shall construct and maintain any such required wind mitigation measures, with such design to be secured through the Site Plan Application review process, all to the satisfaction of the Chief Planner and Executive Director, City Planning. 5. City Council authorize the City Solicitor to request the Ontario Land Tribunal to 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 containing the following provisions: i. a minimum of 10 percent of the dwelling units on the lands must be three-bedroom units and a minimum of 20 percent of the dwelling units on the lands must be two-bedrooms unit; ii. the residential use of the four (4) live/work units shall be restricted to the second storey of the live/work units and the work portion with the commercial/retail use shall be located in the ground floor of the live/work unit fronting The Queensway; and iii. any mitigation and/or restrictions on the proposed built form to address the accepted and peer reviewed Environmental Noise Assessment and Odour Review - Letter of Opinion, and wind tunnel test, and statistical wind analysis satisfactory to 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 4 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. 6. City Council 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, City Council authorize the City Solicitor to request, at the City Solicitor's discretion, the Ontario Land Tribunal to withhold its final Order until such time as the Ontario Land Tribunal has been advised by the City Solicitor that the outstanding matters have been completed or to request that the Ontario Land 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 provided a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary, and storm water capacity, and Storm Water Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; b. the Applicant has submitted a revised Transportation Impact Study and Parking Utilization Justification Study to the satisfaction of the General Manager, Transportation Services; 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, Storm Water Management Report, Transportation Impact Study and Parking Utilization Justification Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water 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 of the Municipal Code, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; e. the Applicant has submitted a revised Landscape Concept Plan, Soil Volume Plan and Tree Preservation Plan, and all tree preservation matters are resolved, all to the satisfaction of the General Manager, Parks, Forestry, and Recreation; f. both the submitted Environmental Noise Assessment and the Odour Review - Letter of Opinion have been peer reviewed by third-party consultants retained by the City of Toronto at the Applicant's expense and the Applicant has secured any mitigation measures and recommendations of the peer review, including obtaining City Council's approval to identify the Subject Site as a Class 4 Property, and with the design of any required mitigation measures to be secured through the site plan application review process, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and g. the Applicant has submitted updated Wind Studies, including a wind tunnel test complete with a statistical wind analysis to determine the impacts and efficacy of the recommended wind mitigation measures, with the design and construction of any required mitigation measures to be secured through the site plan application review process, all to the satisfaction of the Chief Planner and Executive Director, City Planning. 7. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Attachments 2 and 3 to the report (May 3, 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 (May 3, 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 (May 3, 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 Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council authorize public release of Confidential Attachments 2 and 3 to this report, if the confidential recommendations contained in Confidential Attachment 1 are adopted by City Council. 4. City Council direct that all other information contained in Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor, as it contains advice subject to solicitor-client privilege.
MM43.20adopted
Etobicoke-Lakeshore experiences a significant amount of litter washing up along the shoreline. Several areas along the Toronto waterfront have identified opportunities for the use of Seabin trash collecting devices to aid in capturing litter along the waterfront. Seabins are attached to seawalls or floating docks and use a pump to pull water and trash into a collection basket, which must be emptied daily. Etobicoke-Lakeshore has a long shoreline with locations that may be suitable for the use of Seabins. There are a number of factors that need to be taken into consideration including access to power, funding opportunities, maintenance arrangements, partnership opportunities and environmental considerations. This Motion is requesting a feasibility assessment for the installation of Seabins along the Etobicoke-Lakeshore waterfront.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council request PortsToronto to assess the feasibility of expanding their PortsToronto Seabin Program to install Seabin trash collecting devices along the waterfront between the Humber River and Etobicoke Creek and work with the City, the Toronto and Region Conservation Authority, and any other relevant authorities on this assessment. 2. City Council request the General Manager, Parks, Forestry, and Recreation to report back to the Infrastructure and Environment Committee on the feasibility of expanding the PortsToronto Seabin Program including identification of appropriate sites, funding opportunities, installation, operation and maintenance costs along the Etobicoke-Lakeshore waterfront.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council request PortsToronto to assess the feasibility of expanding their PortsToronto Seabin Program to install Seabin trash collecting devices along the waterfront between the Humber River and Etobicoke Creek and work with the City, the Toronto and Region Conservation Authority, and any other relevant authorities on this assessment. 2. City Council request the General Manager, Parks, Forestry, and Recreation to report back to the Infrastructure and Environment Committee on the feasibility of expanding the PortsToronto Seabin Program including identification of appropriate sites, funding opportunities, installation, operation and maintenance costs along the Etobicoke-Lakeshore waterfront.
CC43.21amended
5205 Yonge Inc. (the "Owner") owns the lands municipally known as 5203, 5205, 5211, 5213, and 5215 Yonge Street and 11 Parkview Avenue (the "Site"). The Site comprises two lots that are separated by a public laneway and Green P parking lot. One lot is a corner lot, generally rectangular in shape, with frontage on Yonge Street and Parkview Avenue (the "Yonge Street Portion"). The second lot is a rectangular lot with frontage onto Parkview Avenue (the "Parkview Avenue Portion"). The Yonge Street Portion of the Site is currently occupied by various one-storey retail buildings, including restaurants, and one two-storey building with ground floor retail and second floor offices. The Parkview Avenue Portion of the Site is currently occupied by a two-storey residential dwelling. On December 8, 2020, the Owner applied to amend the North York Centre Secondary Plan (the "NYCSP") and Zoning By-law No. 7625 to permit a 32-storey (105.1 metres) mixed-use building on the Site (the "Original Proposal"). The Original Proposal featured 329 dwelling units and a two-storey base building that contained retail uses along Yonge Street and a residential lobby along Parkview Avenue. The Original Proposal also proposed to provide the Parkview Avenue Portion of the Site to the City as a parkland dedication of 564.3 square metres. On May 14, 2021, the Owner filed an appeal to the Local Planning Appeal Tribunal, now Ontario Land Tribunal (the "OLT" or "Tribunal") citing Council's failure to make a decision on the application within the prescribed timelines in the Planning Act (the "Appeal"). Case management conferences were held on October 8, 2021 and January 26, 2022. A further case management conference is scheduled for May 30, 2022. An eight day hearing is scheduled from January 16, 2023 to January 25, 2023. On April 29, 2022, the Owner's counsel, Stikeman Elliot LLP, submitted to the City Solicitor a with prejudice settlement offer (the "Settlement Offer") based on revised architectural plans also dated April 29, 2022 and prepared by IBI Group (the "Revised Plans"). As a result, the City Solicitor requires further directions for the case management conference scheduled for May 30, 2022 and, subsequently, the hearing commencing January 16, 2023. The Settlement Offer is attached to this report as Public Attachment 1 and the Revised Plans are attached as Public Attachment 2. The Settlement Offer and Revised Plans are described further in the "Comments" section below. City Planning has been involved in the preparation of this report.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council reject the with prejudice Settlement Offer dated April 29, 2022 in Public Attachment 1 to the report (May 4, 2022) from the City Solicitor. 2. City Council direct the City Solicitor to attend the Ontario Land Tribunal hearing in opposition to the development proposal as set out in Public Attachment 2 to the report (May 4, 2022) from the City Solicitor and City Council authorize the City Solicitor to retain outside consultants as may be necessary. 3. City Council direct the City Solicitor to work with the proponent to reduce the density of the proposed development so that it is in keeping with recent approvals within the North York Centre, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the local Ward Councillor. 4. In the event the density of the proposal is reduced in accordance with Part 3 above, City Council direct the City Solicitor to support the revised proposal at the Ontario Land Tribunal, subject to securing an acceptable Section 37 contribution to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the local Ward Councillor. 5. City Council direct that Confidential Attachment 1 to the report (May 4, 2022) from the City Solicitor remain confidential in its entirety as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (May 4, 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 Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.