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 51 to 75 of 76Show 2550100all
MM43.21amended
In May of 2021, City Council approved the creation of a food incubator tenancy program at 5200 Yonge Street to assist start-up food entrepreneurs, with a focus on providing opportunities for members of communities which have traditionally been disadvantaged. The initial plan was to begin operations in 2021 but the start date was moved back several times for a variety of reasons entirely outside of the vendors' control. Although they are now able to access the space, the fit-up period is expected to be complete by June 2022. As such no rent is to be collected and the rental abatement period should be extended an additional six months until June 30, 2022. The Motion is urgent because we are committed to helping the new entrepreneurs as they require this immediate assistance in order to successfully launch their businesses.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council authorize the General Manager, Economic Development and Culture and the Executive Director, Corporate Real Estate Management to provide rent abatement for the additional rent payable from December 2021 to June 2022 in the total amount of $110,625.00, by the tenants, Da Endz Restaurant Inc., Chic Peas Vegan Cuisine Incorporated, Teta's Kitchen Inc., Bunhaus Eats Inc. and caterToronto at 5200 Yonge Street and extend the lease term for a further period of six (6) months. 2. Despite the definition for "frontage café" in Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, City Council authorize the Executive Director, Municipal Licensing and Standards to accept and approve one or more applications for a frontage café from the occupants of the FLIP Kitchens at 5200 Yonge Street.
Staff recommendation as filed
Councillor John Filion, seconded by Councillor Mike Colle, recommend that: 1. City Council authorize the General Manager, Economic Development and Culture and the Executive Director, Corporate Real Estate Management to provide rent abatement for the additional rent payable from December 2021 to June 2022 in the total amount of $110,625.00, by the tenants, Da Endz Restaurant Inc., Chic Peas Vegan Cuisine Incorporated, Teta's Kitchen Inc., Bunhaus Eats Inc. and caterToronto at 5200 Yonge Street and extend the lease term for a further period of six (6) months.
CC43.22deferred
41-75 Four Winds Drive - Zoning By-law Amendment Application - Request for Directions
The purpose of this report is to request further instructions for the Ontario Land Tribunal (the "OLT" or the ""Tribunal") hearing which is currently scheduled to commence on September 26, 2022. The Applicant submitted a zoning by-law amendment application on December 9, 2020, which proposed to permit one residential building of 11-storeys (41 metres including the mechanical penthouse) being Building B with a floor plate of 1,159 square metres, and two mixed-use buildings of nine and 32-storeys (35.1 metres and 105.6 metres respectively including the mechanical penthouses). The nine-storey building, being Building C, would have a floor plate of 994 square metres. The 32-storey building, being Building A, would have a floor plate of 778 square metres. The proposed buildings would result in a gross floor area of 43,745 square metres consisting of 42,323 square metres for residential use, resulting in 560 dwelling units, and 1,422 square metres for retail uses. A Floor Space Index of 4.1 times the area of the lot was proposed. The Applicant subsequently appealed the application to the OLT. At its meeting on December 15, 2021, City Council directed staff to attend at the OLT and oppose the application. The key issues identified by City staff at the OLT lead mediation were built form, with incidental issues relating to public realm, and reducing vehicular and loading conflicts at-grade. The matter is set down for a ten day OLT hearing commencing on September 26, 2022. This report contains advice from the City Solicitor and requests further direction in relation to the hearing.
City Council on May 11 and 12, 2022, deferred consideration of Item CC43.22 to the June 15 and 16, 2022 meeting of 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 City Solicitor Report dated May 4, 2022. 2. City Council authorize the public release of Confidential Attachments 2 and 3 to the City Solicitor's report dated May 4, 2022 and the recommendations contained in the Confidential Attachment 1 to the report of the City Solicitor dated May 4, 2022, if adopted by City Council, but direct that the remainder of Confidential Attachment 1 remain confidential, as it contains advice which is subject to solicitor-client privilege.
MM43.22adopted
This Motion will give the City Solicitor authority, along with appropriate City Staff, to appeal the Committee of Adjustment's decision approving the minor variance application at 22 Ninth Street (A0152/22EYK) (the "Application") and attend the Toronto Local Appeal Body in order to oppose the Application. The Application proposed to construct a second and third storey above the existing dwelling at 22 Ninth Street. The Application requires a total of three variances to City of Toronto Zoning By-law 569-2013. The variances are related to floor space index, roof eaves projection and side exterior main wall height facing a side lot. In a report from the Director, Community Planning, Etobicoke York District, dated April 12, 2022, City Planning staff recommended to the Committee of Adjustment that it refuse to authorize the requested variances. A copy of the Planning report is attached. Planning Staff opined that the proposed variances do not meet the four tests under Section 45(1) of the Planning Act. In particular, Community Planning staff opined that the location of the second and third floor, above the existing dwelling, would create an adverse impact of height and massing to the street. Planning Staff also stated that the proposed variances would allow for the creation of a development that does not respect nor reinforce the physical characteristic of the neighbourhood, and ultimately, is not in keeping with the intent of the Official Plan and Zoning By-law. On April 22, 2022, the Committee of Adjustment issued a decision approving the Application. A copy of the Committee's decision is attached. This Motion will direct the City Solicitor to appeal the Decision to the Toronto Local Appeal Body in order to oppose the Application. This matter is time sensitive as the final day to appeal the Committee's decision with respect to the Application (A0152/22EYK) for 22 Ninth Street is May 11, 2022.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council authorize the City Solicitor to appeal the Committee of Adjustment's decision regarding 22 Ninth Street (Application A0152/22EYK) and to attend the Toronto Local Appeal Body, with appropriate City staff, in order to oppose the minor variances requested in Application A0152/22EYK regarding 22 Ninth Street. 2. City Council authorize the City Solicitor to negotiate a resolution of the appeal of the decision in Application A0152/22EYK, and City Council authorize the City Solicitor to settle the matter on behalf of the City, at the City Solicitor's discretion, after consultation with the Ward Councillor and with the Director, Community Planning, Etobicoke York District.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Councillor Mike Colle, recommends that: 1. City Council authorize the City Solicitor to appeal the Committee of Adjustment's decision regarding 22 Ninth Street (Application A0152/22EYK) and to attend the Toronto Local Appeal Body, with appropriate City staff, in order to oppose the minor variances requested in Application A0152/22EYK regarding 22 Ninth Street. 2. City Council authorize the City Solicitor to negotiate a resolution of the appeal of the decision in Application A0152/22EYK and City Council authorize the City Solicitor to settle the matter on behalf of the City at the City Solicitor's discretion after consultation with the Ward Councillor and with the Director, Community Planning Etobicoke York District.
CC43.23amended
The purpose of this report is to request further instructions for a hearing scheduled to commence on July 4, 2022 before the Ontario land Tribunal (the "OLT" or "Tribunal"). Devron Developments (the "Applicant" or "Owner") has applied for an Official Plan and Zoning By-law Amendment (the "Application") for the property municipally known as 1134 - 1140 Yonge Street (the "Site" or "Subject Site"). On September 2, 2020, the Applicant initially submitted its Application to amend Zoning By-laws 438-86 and 569-2013, as well as the Official Plan, for the Site in order to permit a 13-storey (52 metres including a 5-metre mechanical penthouse) mixed-use building consisting of 66 units, and a proposed density (floor space index) of 6.10 times the area of the lot (the "Original Proposal"). The proposed building is within two land-use designations; those being Mixed Use Areas along Yonge Street and Neighbourhoods to the west of the Site. The Application proposes to retain and alter the 1-storey commercial building located at 1140 Yonge Street, which is currently listed on Toronto's Heritage Register, and the 3-storey mixed-use building at 1134 Yonge Street. The City Planning Division prepared a Preliminary Report for Toronto and East York Community Council's consideration, being Item TE 20.19, identifying a preliminary set of issues regarding the Application (the "Preliminary Report"). Community Council adopted the Preliminary Report's recommendations which directed City staff to schedule a community consultation meeting regarding the Application with an expanded notice area. On January 6, 2021 the Applicant appealed the Application to the Ontario Land Tribunal for non-decision by City Council (the "Appeal"). An OLT hearing for this matter is scheduled for twelve days commencing on July 4, 2022. In addition to the City and the Applicant, ABC Residents Association ("ABCRA"), Mr. Frank Copping, BRL Realty Corporation ("BRL Realty"), and Diamond Corporation are parties to the Appeal. The City Solicitor requires further instructions at the upcoming City Council meeting on May 11, 2022 due to upcoming hearing disclosure deadlines regarding this Appeal.
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 authorize the public release of: a. the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (May 10, 2022) from the City Solicitor; and b. Confidential Appendices 1 and 2 to the supplementary report (May 10, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (May 10, 2022) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege. 4. City Council direct that Confidential Attachment 1 to the report (May 4, 2022) from the City Solicitor remain confidential, as it contains information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (May 10, 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 29, 2022 for the lands municipally known as 1134-1140 Yonge Street in Confidential Appendix 1 to the supplementary report (May 10, 2022) from the City Solicitor and as generally shown on the Revised Plans dated April 5, 2022 in Confidential Appendix 2 to the supplementary report (May 10, 2022) from the City Solicitor, subject to Parts 2 to 6 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the Without Prejudice Settlement Offer dated April 29, 2022 for the lands municipally known as 1134-1140 Yonge Street in Confidential Appendix 1 to the supplementary report (May 10, 2022) from the City Solicitor and as generally shown on the Revised Plans dated April 5, 2022 in Confidential Appendix 2 to the supplementary report (May 10, 2022) from the City Solicitor. 3. City Council accept the conveyance, to the City, of an off-site parkland dedication of the lands known municipally as 211 Avenue Road, pursuant to section 42 of the Planning Act, and that any remaining balance be provided as a cash-in-lieu payment to the City; the parkland dedication is to be conveyed according to the following conditions: a. the lands shall be conveyed to the City as soon as possible, but no later than prior to the issuance of first above-grade building permit for the Site, subject to the Owner satisfying the pre-conditions to conveyance, pursuant to the City's policies for parkland dedication; and b. for the purposes of determining whether any remaining cash-in-lieu is payable: A. the total value of the off-site parkland dedication would include all hard and soft costs associated with the purchase and conveyance of 211 Avenue Road, including: 1. all hard costs, including the cost of acquiring the land (including land transfer tax), environmental remediation (if any), demolition of existing buildings, and base park improvements; and 2. all soft costs (including reasonable legal fees, consultant fees and project management expenses) and permit fees; and B. the total value of the off-site parkland dedication based on the items outlined in clause A. above are subject to indexing based on the Construction Price Index between the date the parkland is conveyed to the City and the issuance of the first above-grade building permit for the development. 4. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an Agreement, pursuant to Section 37 of the Planning Act, in order to secure the following, to the satisfaction of the City Solicitor: a. the community benefits to be secured in the Section 37 Agreement are as follows: i. prior to the issuance of the first above-grade building permit, an indexed one-time cash contribution in the amount of two million, six-hundred-and-fifty thousand dollars ($2,650,000.00), to be paid by the Applicant to the City prior to the issuance of the first above-grade building permit for the Site, and to be allocated towards projects in the general vicinity of the Site, at the discretion of the Ward Councillor, in consultation with the ABC Residents' Association; ii. the amount of the cash contribution referred to in Part 4.a.i. above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment of the funds by the Applicant to the City; and iii. in the event that the cash contribution in Part 4.a.i. above has not been used for the intended purpose within three (3) years of the Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the general vicinity of the Site; and b. the matters to be secured in the Section 37 Agreement as legal conveniences in support of the development are as follows: i. the Owner shall provide a minimum of 10 percent of the new residential dwelling units in the development as dwelling units containing at least three bedrooms and a minimum of 15 percent of the new residential dwelling units in the development as dwelling units containing at least two bedrooms, to the satisfaction of the Chief Planner and Executive Director, City Planning; ii. the Owner shall construct and maintain the development in accordance with Tier 1 of the Toronto Green Standard and the Owner will be encouraged to achieve Tier 2 of the Toronto Green Standard; iii. prior to Site Plan approval for the proposed development of the Site, and in relation to the heritage properties municipally known as 1134 and 1140 Yonge Street, the Owner shall: a. prepare a Construction Mitigation Plan for the proposed development of the Site to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; b. provide final site plan drawings substantially in accordance with the approved heritage Conservation Plan, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; c. obtain final approval for the necessary zoning by-law amendment(s) required for the subject property, with such amendment(s) having come into full force and effect; d. provide a Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; e. provide an Interpretation Plan for the Site, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; and f. submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning; iv. prior to the issuance of any permit for all or any part of the Site, including a heritage permit or a building permit, but excluding building permits for a temporary sales office and permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, Urban Design and City Planning, the Owner shall: a. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved heritage Conservation, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant, to the satisfaction of the Senior Manager, Heritage Planning; and b. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning, to secure all work included in the approved Conservation Plan, Heritage Lighting Plan and Interpretation Plan; prior to the release of the Letter of Credit, the Owner shall: 1. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan, Heritage Lighting Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; and 2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; v. the Owner shall pay for and construct any improvements to the municipal infrastructure, at its sole expense, in connection with the Functional Servicing and Stormwater Management Reports or other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support the development; and vi. if a residential tenant resides in the existing building on 211 Avenue Road at the time of the Owner acquiring the property, the Owner shall make financial compensation to such tenant based on the following, upon provision of vacant possession: a. a payment in the amount of 3 months' rent in accordance with the Residential Tenancies Act; b. a payment based on tenure, in accordance with the following: i. if the tenant's length of tenure is less than 5 years, 5 months' rent; ii. if the tenant's length of tenure is at least 5 years but less than 10 years, 6 months' rent; iii. if the tenant's length of tenure is at least 10 years but less than 15 years, 7 months' rent; iv. if the tenant's length of tenure is at least 15 years but less than 20 years, 8 months' rent; v. if the tenant's length of tenure is at least 20 years but less than 30 years, 10 months' rent; or vi. if the tenant's length of tenure is at least 30 years, 12 months' rent; and c. payment for moving expenses in the amount of $1,500. 5. City Council authorize the City Solicitor to require the Applicant to complete the following matters prior to the Ontario Land Tribunal hearing and, in the event that one or more of these matters has not been completed by the Applicant, City Council further 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 Tribunal impose as part of the Zoning By-law Amendment a Holding (H) Symbol be placed on the Site until such time as the outstanding matters have been completed, all to the satisfaction of the City Solicitor: a. the final form and content of the proposed Official Plan amendment and Zoning By-law amendments are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; b. a permit has been granted pursuant to Section 33 of the Ontario Heritage Act for the required alterations to the heritage property at 1134 and 1140 Yonge Street to implement the Without Prejudice Settlement Offer; c. the Owner has entered into a Heritage Easement Agreement with the City for the properties at 1134 and 1140 Yonge Street, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning including execution and registration of such agreement on title to the satisfaction of the City Solicitor; d. the Owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment prepared by ERA Architects dated April 27, 2022, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; e. the City has received an executed Section 37 Agreement securing the benefits outlined in Part 4 above in accordance with the Planning Act before it was amended by Bill 108 and Bill 197, and the Section 37 Agreement has been registered on title to the Site; f. the Owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the development, to the satisfaction of the Supervisor, Tree Protection and Plan Review; g. the Owner has provided updated Functional Servicing and Stormwater Management Reports, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and h. the Owner has submitted a full set of architectural plans reflecting the settlement offer for the Site, to the satisfaction of the Chief Planner and Executive Director, City Planning. 6. City Council authorize the City Solicitor to take all necessary steps to implement City Council's decision. Confidential Appendices 1 and 2 to the supplementary report (May 10, 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 supplementary report (May 10, 2022) from the City Solicitor remain confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains information 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 information that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in the Confidential Attachment 1 to the report (May 4, 2022) from the City Solicitor. 2. If the City Solicitor's confidential recommendations are adopted by City Council, then City Council authorize the public release of: a. The recommendations contained in Confidential Attachment 1 (with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege); and b. All of Confidential Appendix 1 and Confidential Appendix 2
MM43.23adopted
Many older homeowners in our City no longer have children living at home and are now over housed. Indeed, the Canadian Centre for Economic Analysis as estimated that there are over 5 million empty bedrooms in Ontario, with likely a significant percentage of those in Toronto. This Motion seeks to improve access to neighbourhoods and support aging in place by incentivizing single-family homeowners to retrofit their homes to build multiple units. The recommendations in this Motion seek to complement the work being undertaken by City Planning through Expanding Housing Options in Neighbourhoods. Specifically Part 3a in Item 2020.PH15.6 which requests staff to look at "increasing permissions for additional residential dwelling units generally within currently permitted building envelopes in residential zones". It is not enough to allow for retrofitting single-family homes into duplexes, triplexes, or semi-detached dwellings, the City needs to help ensure that residents move forward with this goal. Currently, City Planning's fee structure makes no distinction between a large developer and a single-family homeowner in regards to its condo application fee. The initial fee for both parties is $10,183.10. This Motion requests staff to report on the feasibility of eliminating this fee for single-family homeowners who retrofit their home into a multi-unit dwelling. Another barrier for homeowners are the onerous legal and planning costs and bureaucracy associated with dividing their home. That is why this Motion requests staff to study the feasibility of creating a "one stop shop" with legal, planning and permit support. It is important to note that this Motion requests City Planning to ensure that any recommendations put forward does not incentivize current owners of rental properties to turn their units into condos.
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 City Solicitor and the Chief Building Official and Executive Director, Toronto Building to report to the Planning and Housing Committee in the second quarter of 2023 with a strategy to support single-family homeowners to convert their residences into multiple units, including, but not limited to, the feasibility of: a. eliminating the Plan of Condominium Approval fee of $10,183.10; b. a loan program for work required to convert a residence into multiple units, repayable upon sale; and c. a standardized Legal, Planning, and Building permit framework to ease regulatory burden and reduce the need to hire legal and planning consultants. 2. City Council request the Chief Planner and Executive Director, City Planning to ensure that any measures recommended to support Part 1 above does not encourage owners of properties with existing rental units to convert to condominiums. 3. City Council request the Chief Planner and Executive Director, City Planning to hold community consultations on Parts 1 and 2 above.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Layton, recommends that: 1. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor and the Chief Building Official and Executive Director, Toronto Building to report to the Planning and Housing Committee in the second quarter of 2023 with a strategy to support single-family homeowners to convert their residences into multiple units, including, but not limited to, the feasibility of: a. eliminating the Plan of Condominium Approval fee of $10,183.10; b. a loan program for work required to convert a residence into multiple units, repayable upon sale; and c. a standardized Legal, Planning, and Building permit framework to ease regulatory burden and reduce the need to hire legal and planning consultants. 2. City Council request the Chief Planner and Executive Director, City Planning to ensure that any measures recommended to support Part 1 above does not encourage owners of properties with existing rental units to convert to condominiums. 3. City Council request the Chief Planner and Executive Director, City Planning to hold community consultations on Parts 1 and 2 above.
CC43.24amended
290 Old Weston Road - Official Plan and Zoning By-law Amendment Application - Request for Directions
The application described in the April 29, 2021 Request for Direction Report proposed a 29-storey (99 metres, inclusive of the mechanical penthouse) mixed-use building with a four to six-storey base building and 23,509 square metres of gross floor area (GFA), including 4,643 square metres of office space and 277 dwelling units, resulting in a floor space index (FSI) of 5.4 times the net site area, which deducted the land that will be acquired for the Davenport Road extension and proposed on-site park. The proposal also contemplated an on-site parkland dedication and identified land that would be acquired for the future northwesterly extension of Davenport Road, which was approved through the St. Clair Avenue West Transportation Master Plan and associated Environmental Assessment. This application has been appealed to the Ontario Land Tribunal (the "OLT") and has been set down for a ten day OLT hearing commencing on May 30, 2022. As a result, consideration of this matter by City Council is urgent. This report contains advice from the City Solicitor and requests further direction.
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 4, 2022) from the City Solicitor, as amended by motion 1 by Councillor Ana Bailão. 2. City Council authorize the public release of the confidential instructions to staff as amended by motion 1 by Councillor Ana Bailão, and the Financial Impact section in Confidential Attachment 1 to the report (May 4, 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 4, 2022) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege. 4. City Council authorize the public release of Confidential Appendices A and B to the report (May 4, 2022) from the City Solicitor, at the discretion of the City Solicitor. The confidential instructions to staff in Confidential Attachment 1 to the report (May 4, 2022) from the City Solicitor, as amended by motion 1 by Councillor Ana Bailão, were adopted by City Council and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public: 1. City Council accept the "without prejudice" settlement offer, attached as Confidential Appendix A and the plans and drawings contained in Confidential Appendix B to the report (May 4, 2022) from the City Solicitor for the lands municipally known as 290 Old Weston Road (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 17 below, and subject to the following modification: i. provide 4.0 square metres of indoor and outdoor amenity space per unit. 2. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold issuance of its Order on the Official Plan Amendment and Zoning By-law Amendments Applications until such time as the Ontario Land Tribunal has been advised by the City Solicitor that the proposed Official Plan and Zoning By-law Amendments are in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning. 3. City Council authorize the City Solicitor to enter into an Agreement pursuant to Section 37 of the Planning Act, satisfactory to the City Solicitor to secure the following matters as community benefits and as a legal convenience to support the development: a. in fulfillment of its Section 37 contribution, the owner of the Development Site (the "Owner") shall, as irrevocably determined by the Executive Director, Housing Secretariat, in the Executive Director, Housing Secretariat's sole and unfettered discretion and in accordance with the Settlement Offer attached as Confidential Appendix A to the report (May 4, 2022) from the City Solicitor (the "Election"), either: i. convey affordable rental housing units to a non-profit provider on the terms set out in Part 3.b. below (the "Affordable Housing Rental Units Conveyance"); or ii. provide the cash contribution to the City on the terms and conditions set out in Part 3.c. below (the "Cash Contribution"); Affordable Housing Rental Units Conveyance b. should the Executive Director, Housing Secretariat elect to require the Affordable Housing Rental Units Conveyance then the Owner shall convey to the Luso Canadian Charitable Society ("Luso") or to another non-profit affordable housing provider selected by the City and approved by the Owner (the "Alternative Provider") (with the selected transferee to be referred to as the "Provider"), all eighteen (18) residential dwelling units and the central interior floor space located on the second storey of the residential building composed of 15,385 square feet (the "Affordable Housing Rental Units") at a price of $915.61 per saleable square foot, representing a total value of approximately $14,086,625 (the "Below-Market Sale Price") in accordance with the following: i. the eighteen (18) Affordable Housing Rental Units will: a. have a layout substantially in accordance with the sample second storey floor plans, as such are indicated within the settlement plans attached as Confidential Appendix B to the report (May 4, 2022) from the City Solicitor. b. be designed as accessible and barrier-free, with standard unit finishes equal to the unit finishes in the other residential units in the remainder of the residential building; c. include the conveyance for no extra cost of a total of three parking spaces (one standard and two barrier-free parking spaces) to the Provider; d. include full access to, and use of, all indoor and outdoor amenities in the Development, at no extra charge, and on the same terms and conditions as any other resident of the remainder of the residential building, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; e. include laundry facilities on the same basis as the other residential units in the remainder of the residential building; and f. include access to permanent and visitor bicycle parking and bicycle lockers on the same terms and conditions as the other residential units in the remainder of the residential building; ii. contemporaneously with the Election, the Owner shall enter into an agreement of purchase and sale for the sale of the Affordable Housing Rental Units to the Provider and the City (with the City as a contingent transferee), which shall be subject to the following terms: a. the City shall not be liable to pay any deposit, penalty, or liquidated damages to the Owner or the Provider in the event the City terminates the agreement of purchase and sale following Election for any reason, including failure of the Provider to close on the transaction, a lack of funding to complete the transaction, or the City being unsuccessful in identifying an Alternative Provider (for greater clarity, if the Non-Profit Provider fails to close on the transaction following the Election, the Owner shall have nonetheless satisfied the Section 37 Contribution required for the Development); b. any timelines associated with the agreement of purchase and sale may be extended by mutual agreement of the parties; c. the closing of the purchase transaction with any Provider shall be conditional on the Provider having entered into a municipal housing project facility agreement with the City to secure the financial assistance being provided, including the decreased value of the Affordable Housing Rental Units and the value of the Open Door Program incentives, if any, and to set out the terms of the operation of the new affordable rental housing to be provided for a 99-year affordability period beginning from the date that each such unit is first sold to the Provider; d. standard closing adjustments shall be made with respect to the Affordable Housing Rental Units sold to the Provider (for greater clarity, such adjustments shall not include upward adjustments for development charges, property taxes or other fees or charges associated with the City's Open Door Program); and e. that the Owner shall be solely responsible and liable for remitting the Harmonized Sales Tax eligible on the Affordable Housing Rental Units, if the conveyance to the Provider and/or the City of Toronto are not to be eligible for any new housing rebates; and iii. the Below-Market Sale Price for the Affordable Housing Rental Units will be further reduced by an amount equivalent to the financial incentives provided to the Owner through the Open Door Program, and the Owner will enter into a municipal housing project facility agreement with the City to secure the Open Door Incentives being provided until the completion of the Affordable Housing Rental Units Conveyance; Cash Contribution c. in the alternative, if the City decides not to require the Affordable Housing Rental Units Conveyance, the Owner shall pay to the City a cash contribution of $5,000,000.00 (Five Million dollars), upwardly indexed from the date of execution of the Section 37 agreement in accordance with the Residential Building Construction Price Index for the Toronto Census Metropolitan Area, payable to the City upon the later of: i. issuance of the first above grade building permit in respect of the development; and ii. the City providing notice to the Owner of its decision to require the Cash Contribution. Open Door Incentives 4. City Council authorize the eighteen (18) Affordable Housing Rental Units and any space ancillary to the affordable housing to be constructed on the lands known as 290 Old Weston Road and conveyed to the Provider to be eligible for waivers of planning application, building permit, and parkland dedication fees, and development charges exemptions through the Open Door Affordable Rental Housing Program, unless already paid. 5. City Council authorize an exemption from taxation for municipal and school purposes for 99 years, for the eighteen (18) Affordable Housing Rental Units and any space ancillary to the affordable housing to be constructed on the lands known as 290 Old Weston Road and conveyed to the Provider. 6. City Council authorize the Executive Director, Housing Secretariat to negotiate and enter into, on behalf of the City of Toronto, a municipal housing project facility agreement (the "Contribution Agreement") with the Provider for the Affordable Housing Rental Units to be constructed on the lands known as 290 Old Weston Road, to secure the financial assistance being provided and to set out the terms of the operation of the Affordable Housing Rental Units, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and in a form approved by the City Solicitor. 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 with the Owner for the development of the Affordable Housing Rental Units to be constructed on the lands known as 290 Old Weston Road, to secure the financial assistance being provided and to set out the terms of the development and the ownership/transfer of the Affordable Housing Rental Units, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and in a form approved by the City Solicitor. 8. City Council authorize the Controller 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 or the Provider 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 project 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. Agreement of Purchase and Sale 10. City Council authorize the City of Toronto to be a party to the agreement(s) of purchase and sale for the Affordable Housing Rental Units as a contingent transferee, in order to implement City Council's decision and ensure the benefit of the Affordable Housing Rental Units is secured for the intended purpose should the Provider not be able to complete the transactions. 11. City Council authorize the Executive Director, Housing Secretariat to execute the agreement of purchase and sale for the Affordable Housing Rental Units, provided the agreement of purchase and sale provide the City with the right to assign the agreement of purchase and sale to other non-profit housing providers with the consent of the Owner, that the City is not liable to pay any deposit, penalty or liquidated damages to the Owner or the Provider in the event it terminates the agreement of purchase and sale following Election for any reason, including failure of the Provider to close on the transaction, a lack of funding to complete the transaction, or the City being unsuccessful in identifying an Alternative Provider, and that any timeframes associated with the agreement of purchase and sale may be extended by mutual agreement of the parties. 12. City Council authorize the Executive Director, Housing Secretariat to administer and manage the transaction relating to the Affordable Housing Rental Units in consultation with the Executive Director, Corporate Real Estate Management, including the provision of any consents, approvals, waivers and notices, provided that they may, at any time, refer consideration of any such matters (including their content) to City Council for consideration and direction, all as may be required. 13. City Council also direct that the following matters required to support development be secured in the Section 37 Agreement and Zoning By-law Amendment to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, as a legal convenience: a. as part of the Site Plan application, City Council direct that the Owner provide a Functional Servicing, Stormwater Management Report, and Hydrogeological Report, acceptable to the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; should it be determined that improvements or upgrades are required to support the development, according to the Functional Servicing, Stormwater Management Report, and Hydrogeological Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, 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, Stormwater Management Report, and a Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; b. as part of the Site Plan application, City Council direct that the Owner provide a Rail Safety and Noise and Vibration Report to the satisfaction of the Chief Planner and Executive Director, City Planning, that is to be peer reviewed at the sole expense of the Owner; c. City Council direct the Owner provide financial contributions/payments in the form of a letter of credit/certified cheque and/or provide additional documentation for the implementation of a transportation demand management plan, which provisions include, but are not limited to, the following items: i. a minimum of two car-share parking spaces; ii. one car-share membership per unit, offered for the first year of occupancy; iii. one bike-share membership per unit, offered for the first year of occupancy; iv. one Presto card per unit, pre-loaded with the value of the a monthly pass, offered at the time of occupancy; and v. a minimum of one bike repair station provided on-site; d. construction of the non-residential building shall commence immediately upon: i. commencement of construction of the residential building; and ii. the Delta Bingo Driveway, as such is generally depicted on the settlement plans, is opened as a public highway or the new public road/lane connection thereon is substantially constructed and public vehicular ingress and egress over it is legally permitted; and e. as part of the Site Plan application, City Council direct the Owner provide a Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, with any required wind mitigation measures in the accepted Wind Study to be implemented at the sole expense of the Owner. 14. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 660 square metres, generally as shown on Confidential Appendix B to the report (May 4, 2022) from the City Solicitor, satisfying the Owner's Parkland dedication requirement under Section 42 of the Planning Act, with the exact size, location and configuration of the on-site parkland dedication to be to the satisfaction of the General Manager, Parks, Forestry and Recreation; the on-site parkland dedication to be transferred to the City shall be in an acceptable environmental condition, free and clear, above and below grade, of all easements, encumbrances, and encroachments, and conveyed to the City prior to the issuance of the first above grade building permit on the Development Site. 15. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 16. City Council approve the acceptance of on-site parkland dedication, 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. 17. 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 Appendices A and B to the report (May 4, 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). The balance of Confidential Attachment 1 to the report (May 4, 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 Financial Impact section of Confidential Attachment 1 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 the City Solicitor Report dated May 4, 2022. 2. City Council authorize the public release, at the discretion of the City Solicitor, of the recommendations and the Financial Implications section contained in Confidential Attachment 1, if the recommendations are adopted by City Council, but direct that the remainder of Confidential Attachment 1 remain confidential, as it contains advice which is subject to solicitor-client privilege. 3. City Council authorize the public release, at the discretion of the City Solicitor, of Confidential Appendix A and Confidential Appendix B, if the recommendations are adopted by City Council.
MM43.24adopted
There is a broad consensus that Toronto is in the midst of a severe housing crisis. Residents across almost all income brackets and family types are being priced out of the market or unable to afford a suitable rental apartment. There is no consensus, however, on how to address the problem or even which level government is most responsible. While there is undoubtedly more that can and should be done at the federal and provincial levels to address macro issues including the financialization of housing and investment in social housing, this Motion requests City Staff to undertake a comprehensive study of the Toronto housing market from a municipal perspective to inform actions that City Council can take to support residents in finding an affordable home that suits their needs.
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, Housing Secretariat, the Chief Building Official and Executive Director, Toronto Building, the City Solicitor and the Chief Executive Officer, CreateTO, to report to the Planning and Housing Committee in the third quarter of 2023 on the following: a. a development pipeline broken down by application submitted, Zoning By-law Amendment/Official Plan Amendment approval, Site Plan Approval, Building Permit issued and appealed to the Ontario Land Tribunal differentiated by major and minor projects; b. an assessment of average time for application appeals to be settled at the Ontario Land Tribunal from date of appeal; c. an estimate of population and new units that could be accommodated on existing soft sites on Avenues, Major Transit Station Areas, and Growth Centres under the existing Official Plan; d. an assessment of barriers to growth along the Bloor-Danforth subway line; e. a Labour Market Survey of residential construction capacity in the City of Toronto; f. an assessment of in-house construction management for affordable housing on City-owned properties; g. the potential incentives and/or penalties to encourage landlords to retain buildings with less than six units as rental apartments; h. a strategy to harmonize the Multi-Unit Residential property tax rate with the Residential property tax rate; i. the feasibility of implementing municipal measures to curb speculation and investment properties including, but not limited to, higher land transfer taxes for investment properties, lower land transfer taxes for primary residences, and requesting the Toronto Police Service to vigorously investigate money laundering in the residential sector; j. the feasibility of implementing municipal measures at all stages, including pre-application land assemblies, to encourage developers to deliver new housing faster including land value and parking lot taxes, penalties and/or incentives to discourage "phasing" of new supply in large projects; and k. an Impact Assessment of Real Estate Investment Trusts and consolidation of rental properties by large corporate Landlords on the Toronto housing market.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Layton, recommends that: 1. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat, the Chief Building Official and Executive Director, Toronto Building, the City Solicitor and the Chief Executive Officer, CreateTo, to report to the Planning and Housing Committee in the third quarter of 2023 on the following: a. a development pipeline broken down by application submitted, Zoning By-law Amendment/Official Plan Amendment approval, Site Plan Approval, Building Permit issued and appealed to the Ontario Land Tribunal differentiated by major and minor projects; b. an assessment of average time for application appeals to be settled at the Ontario Land Tribunal from date of appeal; c. an estimate of population and new units that could be accommodated on existing soft sites on Avenues, Major Transit Station Areas, and Growth Centres under the existing Official Plan; d. an assessment of barriers to growth along the Bloor-Danforth subway line; e. a Labour Market Survey of residential construction capacity in the City of Toronto; f. an assessment of in-house construction management for affordable housing on City-owned properties; g. the potential incentives and/or penalties to encourage landlords to retain buildings with less than six units as rental apartments; h. a strategy to harmonize the Multi-Unit Residential property tax rate with the Residential property tax rate; i. the feasibility of implementing municipal measures to curb speculation and investment properties including, but not limited to, higher land transfer taxes for investment properties, lower land transfer taxes for primary residences, and requesting the Toronto Police Service to vigorously investigate money laundering in the residential sector; j. the feasibility of implementing municipal measures at all stages, including pre-application land assemblies, to encourage developers to deliver new housing faster including land value and parking lot taxes, penalties and/or incentives to discourage "phasing" of new supply in large projects; and k. an Impact Assessment of Real Estate Investment Trusts and consolidation of rental properties by large corporate Landlords on the Toronto housing market.
MM43.25adopted
The challenges of housing affordability and supply in the City of Toronto continue to be a priority for the City and every effort is being undertaken through partnerships, collaboration and activation of sites across the City for the purpose of affordable and supportive housing. It is critical that housing on all potential sites across the City be foremost in terms of development of any kind. In this context, it is both prudent and required that any potential development being considered on any site across the City include consideration for potential affordable housing opportunities and this requirement should be included in the planning process in so far as explanations should be a constituent part of applications for development when housing is not included.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council direct the CreateTO Board, Corporate Real Estate Management and any other Agency and Corporation of the City submitting development applications that do not include affordable housing on their site to provide within their applications and reports, an explanation as to why affordable housing is not included in the development proposal, and that this requirement be a constituent part of the City's Planning process.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Paula Fletcher, recommends that: 1. City Council direct the CreateTO Board, Corporate Real Estate Management and any other Agency and Corporation of the City submitting development applications that do not include affordable housing on their site to provide within their applications and reports, an explanation as to why affordable housing is not included in the development proposal, and that this requirement be a constituent part of the City's Planning process.
MM43.26adopted
This Motion seeks to contribute $350,000 of Section 37 funds, to assist J R Wilcox Community School with the construction of a new playground and schoolyard. The JR Wilcox Community School playground and schoolyard are well used by the school and the community at large. This funding will assist with a project that will improve and revitalize the playgrounds and other outdoor areas at the school. This will ensure that the school community and the public have access to outdoor facilities that are safe and accessible, while providing increased opportunities for outdoor learning and physical activity at the school. 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. This Motion is urgent because community consultation with the school community is required to move forward with this project, and the school year is drawing to a close next month.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council increase the 2022 Approved Operating Budget for Non-Program by $350,000 gross, $0 net, (Cost Centre: NP2161) fully funded by Section 37 funds obtained at the development at 859, 861 and 875 Eglinton Avenue West and 2020 Bathurst Street, secured for uses that will benefit the community (Source Account: XR3026-3701174), for the purpose of providing one time capital funding to the Toronto District School Board for playground and schoolyard improvements at J R Wilcox Community 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 J R Wilcox Community 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 that will benefit the community.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Colle, recommends that: 1. City Council increase the 2022 Approved Operating Budget for Non-Program by $350,000 gross, $0 net, (Cost Centre: NP2161) fully funded by Section 37 funds obtained at the development at 859, 861 and 875 Eglinton Avenue West and 2020 Bathurst Street, secured for uses that will benefit the community (Source Account: XR3026-3701174), for the purpose of providing one time capital funding to the Toronto District School Board for playground and schoolyard improvements at J R Wilcox Community 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 J R Wilcox Community 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 that will benefit the community.
MM43.27adopted
City Council at is meeting on October 27, 28 and 30, 2020 accepted the recommendations set out in the Request for Direction Report - Zoning By-law Amendment Application - 40 and 44 Broadway Avenue (Item NY18.5). As part of that settlement, the Owner will be dedicating a 396 square metre on-site parkland dedication with frontage on Broadway Avenue to satisfy their parkland dedication requirements. The Owner has indicated a willingness to complete the buildout of the park, including completing above base park improvements. In order to do so, the Parks, Forestry and Recreation's component of the development charges, paid upon issuance of building permit, would be required to be directed to the above base park improvements. There is currently no City Council authority to direct the Parks and Recreation component of the development charges to the above base park improvements. This authority is recommended by way of this Motion. Parks, Forestry and Recreation is agreeable to have the owner design and build out the park, in consultation with Parks, Forestry and Recreation. The new park will be designed in consultation with the local community and the Ward Councillor. This Motion is urgent as it will expedite the delivery of new parkland to address the existing parks deficit in the Yonge-Eglinton area.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.
Staff recommendation as filed
Councillor Jaye Robinson, seconded by Councillor Mike Colle, recommends that: 1. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.
MM43.28adopted
Protecting Terrace Gardens Seniors Residence - by Councillor Mike Colle, seconded by Mayor John Tory
Terrace Gardens is a vitally important senior's retirement home in the heart of Toronto's Jewish Community providing culturally-sensitive, supportive rental housing for the growing number of seniors in the community. The residence provides 62 units of seniors housing, employs 34 dedicated staff and offers over 72 customized programs and events each year for Jewish seniors. In addition to on-site programming, the building is close to places of worship, popular culturally-appropriate local businesses, family and friends. Due to the recent sale of the property, the 50 seniors currently living at Terrace Gardens will have to move by September 1, 2022. Protecting and maintaining culturally-sensitive senior retirement accommodations is critical to a healthy, vibrant Bathurst and 401 community and to Toronto as whole. We must take every possible step to do what we can to preserve ethno-culturally sensitive seniors housing at this Terrace Gardens site and other similar housing sites at the centre of Toronto's Jewish community.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council request the City Manager and the Executive Director, Housing Secretariat to explore every possible means whereby the City might be able to help insure this critically vital retirement residence Terrace Gardens continues to provide culturally sensitive and market affordable accommodations to vulnerable and fragile seniors in the heart of Toronto's Jewish Community. 2. City Council request the Provincial Minister of Municipal Affairs and Housing, Steve Clark and Federal Minister of Housing, Ahmad Hussain to work with the City to find ways whereby this unique and vital seniors housing asset can continue to provide this essential service. 3. City Council request the City Manager to reach out to Jewish community organizations, such as Bnai Brith and the Centre for Israel and Jewish Affairs to join them in advocating for the protection housing at Terrace Gardens. 4. City Council request the City Manager and the Executive Director, Housing Secretariat to work with the new owners of the Terrace Gardens to see what can be done to keep the unique, kosher housing services for the current and future residents.
Staff recommendation as filed
Councillor Mike Colle, seconded by Mayor John Tory, recommends that: 1. City Council request the City Manager and the Executive Director, Housing Secretariat to explore every possible means whereby the City might be able to help insure this critically vital retirement residence Terrace Gardens continues to provide culturally sensitive and market affordable accommodations to vulnerable and fragile seniors in the heart of Toronto's Jewish Community. 2. City Council request the Provincial Minister of Municipal Affairs and Housing, Steve Clark and Federal Minister of Housing, Ahmad Hussain to work with the City to find ways whereby this unique and vital seniors housing asset can continue to provide this essential service. 3. City Council request the City Manager to reach out to Jewish community organizations, such as Bnai Brith and CIJA to join them in advocating for the protection housing at Terrace Gardens. 4. City Council request the City Manager and the Executive Director, Housing Secretariat to work with the new owners of the Terrace Gardens to see what can be done to keep the unique, kosher housing services for the current and future residents.
MM43.29adopted
At its meeting on July 14, 15 and 16 2021, City Council approved Item TE26.9, the Rental Housing Demolition application for the properties known municipally as 245-285 Queen Street East, 348-410 Richmond Street East, 88-106 Ontario Street, and 8-12 Brigden Place (the "Properties") (Application 17 160339 STE 28 RH). Part 2 of the City Council decision authorized the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit for the demolition of the fifty-seven (57) existing rental dwelling units in the existing building on the Properties (the "Existing Units"), subject to certain pre-conditions including but not limited to the issuance of Notice of Approval Conditions for Site Plan Approval by the Chief Planner and Executive Director, City Planning, or their designate, pursuant to Section 114 of the City of Toronto Act, 2006. The existing building is vacant and removing the requirement of Notice of Approval Conditions, would enable demolition of the existing building to commence as soon as the Zoning By-law is in effect and legal agreements registered, allowing for demolition/ construction to commence for the new market and replacement rental units. Ongoing review of the Site Plan Application may prevent the Chief Planner and Executive Director, City Planning from issuing the required preliminary approval for demolition of the existing building in a timely manner after the applicant has satisfied all the necessary conditions on the Ontario Land Tribunal's Order on the Official Plan and Zoning By-law Amendment appeal for the subject lands. In turn, this may impact the overall demolition/construction timeline and increase the length of time before the existing tenants can return to the replacement rental units in the new building. An amendment to delete the Notice of Approval Conditions pre-condition for preliminary approval will provide flexibility to help tenants return to replacement rental units in the timeliest manner. All other pre-conditions, including but not limited to in-force zoning, registration of a Section 111 Agreement, and execution of a Section 37 Agreement, would still need to be satisfied before demolition of the existing building could occur, at the discretion of the Chief Planner and Executive Director, City Planner. This Motion is urgent as an ongoing review of the Site Plan Application may prevent the Chief Planner and Executive Director, City Planning from issuing the required preliminary approval for demolition of the existing building in a timely manner. This may impact the overall demolition/construction timeline and increase the length of time before the existing tenants can return to the replacement rental units in the new building. REQUIRES RE-OPENING Item TE26.9 (July 14, 15 and 16 Council meeting), only as it pertains to Part 2.c. of City Council's decision.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council amend its decision on Item 2021.TE26.9 regarding 245-285 Queen Street East, 348-410 Richmond Street East, 88-106 Ontario Street, and 8-12 Brigden Place, adopted by City Council on July 14, 2021, by deleting Part 2.c. as follows: 2.c. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate for Towers B and C pursuant to Section 114 of the City of Toronto Act, 2006.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Paula Fletcher, recommends that: 1. City Council amend its decision on Item 2021.TE26.9 regarding 245-285 Queen Street East, 348-410 Richmond Street East, 88-106 Ontario Street, and 8-12 Brigden Place, adopted by City Council on July 14, 2021, by deleting Part 2.c. as follows: 2.c. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate for Towers B and C pursuant to Section 114 of the City of Toronto Act, 2006.
MM43.30adopted
The District of Jaffna has requested an extension to the Memorandum of Understanding between Jaffna and Toronto. Toronto is home to Canada's largest Sri Lankan and Tamil communities. Over thirty thousand people of Tamil origin live in Toronto, with a large number from Jaffna. Toronto and Jaffna remain in a position to learn from each other and work together on issues of common interest in order to advance our cities' social and economic sustainability and well-being. Since March 2017, the City of Toronto has enjoyed a relationship with the District of Jaffna supported by a 4-year Memorandum of Understanding. The District of Jaffna-Toronto Memorandum of Understanding expired in 2021. While there is currently a moratorium in place which prevents the City from entering into new city-to­ city agreements while a review of Toronto's International Alliance Program is undertaken, there is no restriction on temporarily extending existing city-to-city agreements with other jurisdictions. The review of the International Alliance Program has been significantly delayed by the COVID-19 pandemic, and a report to City Council is expected in early 2023. Unlike agreements with other cities that fall within the scope of the Toronto's International Alliance Program which are open-ended, a sunset clause was included in the original Memorandum of Understanding with Jaffna: after 4 years both cities must decide to renew the relationship agreement; otherwise it expires. This mechanism encourages our cities to innovate and helps to ensure that continued engagement yields tangible mutual benefits which take into account current circumstances and market opportunities. Approving this Motion will allow the District of Jaffna and the City of Toronto to continue to share ideas, best practices, governance approaches and business development connections. This Motion is urgent because the existing Memorandum of Understanding has expired and is required to continue the partnership involving the Toronto Public Library and the extension of an invitation to the Mayor of Jaffna to visit Toronto.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council endorse an extension of the existing District of Jaffna-City of Toronto Memorandum of Understanding for a two year term. 2. City Council reiterate its commitment to the collaborative advancement of the four main pillars of Good Governance, Education, Library Systems and Economic Development, as outlined in the Memorandum of Understanding. 3. City Council direct the City Manager to work with the appropriate divisions and agencies and the District of Jaffna to action the initiatives outlined in the Memorandum of Understanding.
Staff recommendation as filed
Mayor John Tory, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council endorse an extension of the existing District of Jaffna-City of Toronto Memorandum of Understanding for a two year term. 2. City Council reiterate its commitment to the collaborative advancement of the four main pillars of Good Governance, Education, Library Systems and Economic Development, as outlined in the Memorandum of Understanding. 3. City Council direct the City Manager to work with the appropriate divisions and agencies and the District of Jaffna to action the initiatives outlined in the Memorandum of Understanding.
MM43.31adopted
This Motion will authorize the City Solicitor, along with appropriate City Staff or outside consultants, as necessary, to support the Committee of Adjustment's decision refusing the minor variance applications at 37 Allister Avenue, Applications A0195/21SC and A0196/21SC, (the "Applications") and attend the Toronto Local Appeal Body in order to oppose the Applications. The Applications seek to permit the construction of two new two-storey detached dwellings at 37 Allister Avenue, which property is composed of two whole lots on a plan of subdivision, requesting minimum lot areas of 318.14 square metres, and lot frontages of 7.61 metres. In contrast, City of Toronto Zoning By-law 569-2013 permits the construction of a dwelling on this lot (and lots within this neighborhood, in general) as long as the lot contains a minimum lot area of 464 square metres, and a minimum lot frontage of 12 metres. Planning staff did not file a report with the Committee of Adjustment regarding the Applications. The two whole lots of which 37 Allister Avenue is comprised, were registered on a Plan of Subdivision in 1927. However, once development occurred, the land was parceled out in double lots, leading to the present day situation in which most, if not all of the properties on said Plan of Subdivision were developed across two, undersized whole lots. The Committee of Adjustment refused the Applications in its Notices of Decision issued on December 8, 2021. A copy of the Committee of Adjustment's decisions are attached. The applicant appealed the Committee of Adjustment's decisions to the Toronto Local Appeal Body. A hearing is scheduled for July 19, 2022. This matter is time sensitive and urgent as the deadline to request Party status at the Toronto Local Appeal Body is on May 12, 2022.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body, with appropriate staff or outside consultants, as may be necessary, in support of the Committee of Adjustment's decision refusing Applications A0195/21SC and A0196/21SC respecting 37 Allister Avenue. 2. City Council authorize the City Solicitor to retain such outside consultants, as may be necessary, to oppose Applications A0195/21SC and A0196/21SC respecting 37 Allister Avenue. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding Applications A0195/21SC and A0196/21SC respecting 37 Allister Avenue, and City Council authorize the City Solicitor to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor.
Staff recommendation as filed
Councillor Gary Crawford, seconded by Councillor Mark Grimes, recommends that: 1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body, with appropriate staff or outside consultants, as may be necessary, in support of the Committee of Adjustment's decision refusing Applications A0195/21SC and A0196/21SC respecting 37 Allister Avenue. 2. City Council authorize the City Solicitor to retain such outside consultants, as may be necessary, to oppose Applications A0195/21SC and A0196/21SC respecting 37 Allister Avenue. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding Applications A0195/21SC and A0196/21SC respecting 37 Allister Avenue, and City Council authorize the City Solicitor to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor.
MM43.32adopted
This Motion will authorize the City Solicitor, along with appropriate City Staff or outside consultants, as necessary, to attend the Toronto Local Appeal Body in order to oppose the Committee of Adjustment's decision approving the minor variances contained in Application A0027/22SC respecting 7 Ferncroft Drive. The application respecting 7 Ferncroft Drive sought to alter an existing detached dwelling through the construction of a second storey, a two-storey rear addition, and a two-storey side garage addition. The application initially sought relief from the City of Toronto Zoning By-law 569-2013 requirements for lot coverage, floor space index, minimum front yard setback, building length, minimum side yard setback, and minimum setback for eaves from the side lot line (the "Original Application"). The Original Application was revised through the Committee of Adjustment process so that variances for building length and minimum front yard setback were no longer required (the "Revised Application"). As a result, the Revised Application sought relief from the City of Toronto Zoning By-law 569-2013 requirements for lot coverage, floor space index , minimum side yard setback, and minimum setback for eaves from the side lot line. On March 25, 2022, Planning staff submitted a report to the Committee of Adjustment with respect to the Original Application (the "Staff Report"). The Staff Report recommended that, should the Committee of Adjustment choose to approve the Original Application, the decision be tied to the Site Plan attached to the Staff Report to ensure that the proposed dwelling would be built substantially in accordance with the submitted drawings. The Staff Report did not provide an opinion on whether the Original Application should be approved or refused. No report was submitted by Planning staff with respect to the Revised Application. The Staff Report is attached to this Motion. The Committee of Adjustment approved the Revised Application in its decision of May 5, 2022 (the "Decision"). The Decision did not contain conditions. A copy of the Notice of Decision from the Committee of Adjustment is attached to this Motion. This Motion will give the City Solicitor authority to appeal the Decision to the Toronto Local Appeal Body. In addition, this Motion will give the City Solicitor authority to attempt to negotiate a settlement of the appeal. Finally, this Motion will give the City Solicitor authority to retain outside consultants as necessary and attend the Toronto Local Appeal Body, along with other appropriate City Staff or outside consultants, in order to oppose the Decision. This matter is time sensitive and urgent as the deadline for appealing the Decision to the Toronto Local Appeal Body is Wednesday, May 25, 2022.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council authorize the City Solicitor to appeal the Committee of Adjustment's Decision regarding Application A0027/22SC respecting 7 Ferncroft Drive. 2. City Council authorize the City Solicitor to attempt to negotiate a settlement regarding Application A0027/22SC respecting 7 Ferncroft Drive and City Council authorize the City Solicitor to settle the matter on behalf of the City in the City Solicitor's discretion after consultation with the Ward Councillor. 3. City Council authorize the City Solicitor, along with appropriate City Staff or outside consultants, as necessary, to attend the Toronto Local Appeal Board in order to oppose the variances requested in Application A0027/22SC respecting 7 Ferncroft Drive, and to retain outside consultants as necessary.
Staff recommendation as filed
Councillor Gary Crawford, seconded by Councillor Paul Ainslie, recommends that: 1. City Council authorize the City Solicitor to appeal the Committee of Adjustment's Decision regarding Application A0027/22SC respecting 7 Ferncroft Drive. 2. City Council authorize the City Solicitor to attempt to negotiate a settlement regarding Application A0027/22SC respecting 7 Ferncroft Drive and City Council authorize the City Solicitor to settle the matter on behalf of the City in the City Solicitor's discretion after consultation with the Ward Councillor. 3. City Council authorize the City Solicitor, along with appropriate City Staff or outside consultants, as necessary, to attend the Toronto Local Appeal Board in order to oppose the variances requested in Application A0027/22SC respecting 7 Ferncroft Drive, and to retain outside consultants as necessary.
MM43.33adopted
In support of relief efforts related to the humanitarian crisis in Ukraine, FC Ukraine United has organized a fundraiser soccer game between Ukraine United Soccer Club (Ukrainian-Canadian soccer club) and Olimpia Toronto (Polish-Canadian soccer club) on May 15, 2022 at Centennial Stadium in Etobicoke. All proceeds are planned to be given to BCU Foundation, a fund that supports the casualties of war and their families, displaced persons and provides humanitarian aid to the people of Ukraine. Fees for use of Parks, Forestry and Recreation facilities are determined by the Division and approved by Council. Only City Council has authority to waive fees or delegate authority to waive fees. Council has delegated limited authority to the General Manager, Parks, Forestry and Recreation to reduce or waive fees under specified conditions and at certain locations outlined in the Reduction of Permit Fee Policy. Regularly, sports facilities like Centennial Park stadium rated 'premier' are not eligible for reduced fees. However, the group has requested Centennial for its stadium for logistical reasons, including the ability to accommodate approximately 500 seated spectators. In line with the City of Toronto's Refugee Resettlement Program, the strategic priorities outlined in the Toronto Newcomer Strategy and given the City of Toronto's commitment to supporting relief efforts related to the situation in Ukraine, it is recommended authority for a one-time adjustment be delegated to the General Manager, Parks, Forestry and Recreation.
City Council on May 11 and 12, 2022, adopted the following: 1. In line with the goals of the City of Toronto's Refugee Resettlement Program, City Council delegate authority to the General Manager, Parks, Forestry and Recreation, to issue a permit to FC Ukraine United at no cost for use of the multi-purpose field at Centennial Park Stadium for a two-hour time period on May 15, 2022 beginning at 4:00 p.m.
Staff recommendation as filed
Mayor John Tory, seconded by Councillor Stephen Holyday, recommends that: 1. In line with the goals of the City of Toronto's Refugee Resettlement Program, City Council delegate authority to the General Manager, Parks, Forestry and Recreation, to issue a permit to FC Ukraine United at no cost for use of the multi-purpose field at Centennial Park Stadium for a two-hour time period on May 15, 2022 beginning at 4:00 p.m.
MM43.34adopted
The Province of Ontario and the City of Toronto entered into a Preliminary Agreement in February 2020 that included the delivery of four priority transit projects, one the projects is the westerly extension of the Eglinton Crosstown, known as the Eglinton Crosstown West Extension. The Eglinton Crosstown West Extension extends underground from Mount Dennis Station in the east and surfaces west of Weston Road where it then travels on an elevated guideway to a location west of Scarlett Road where it then travels underground to its western terminus at Renforth Road. The elevated segment of the Eglinton Crosstown West Extension will result in significant impacts to the local environment including parklands and trees along Eglinton Avenue West. The loss of parklands, including the treasured Eglinton Flats and forests, outlined by Metrolinx at recent community consultation sessions, is a significant concern to residents and visitors from across the City. While the Province's and the City's investment in transit projects is improving and expanding Toronto's transit network to respond to growth across the City it should not come at the cost of losing valuable, irreplaceable parkland and trees. The commencement of tunneling activities for the ECWE at Renforth Avenue provides an opportunity for Metrolinx to consider running the elevated portion of the Eglinton Crosstown West Extension underground reducing the impact to the surrounding community. It is recommended that City Council, through The Transit Expansion Office, request Metrolinx to undertake an assessment of running the elevated portion of the Eglinton Crosstown West Extension underground. This Motion is urgent because Metrolinx has begun construction on the Eglinton Crosstown West Extension.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council, through the Executive Director, Transit Expansion, request Metrolinx undertake an assessment of running the elevated segment of the Eglinton Crosstown West Extension underground and to identify any options that may exist to accommodate this change.
Staff recommendation as filed
Councillor Frances Nunziata, seconded by Councillor Ana Bailão, recommends that: 1. City Council, through the Executive Director Transit Expansion, request Metrolinx undertake an assessment of running the elevated segment of the Eglinton Crosstown West Extension underground and to identify any options that may exist to accommodate this change.
MM43.35adopted
The City-owned parking lot at 158 Borough Drive (140, 15, 158 and 169 Borough Drive) is one of six sites approved by City Council in May 2020 for inclusion in Phase Two of the Housing Now Initiative. This site is located in Ward 21, Scarborough Centre. The proposed development concept envisions the transformation of the existing municipal parking lot as a mixed-use site featuring approximately 645 housing units, including a minimum of 215 affordable rental units, a daycare, an improved and expanded public realm, and high-quality built form. City Council adopted the City-initiated Official Plan Amendment and Zoning By-law Amendment on April 6, 2022. The Zoning By-law Amendment (By-law 268-2022) has been appealed to the Ontario Land Tribunal. Expedited resolution of this appeal supports the City's goals of providing 10,000 new affordable rental units through the Council-adopted HousingTO 2020-2030 Action Plan and expediting affordable housing and market housing.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council direct the City Solicitor, in collaboration with the Chief Planner and Executive Director, City Planning to seek an expedited hearing process at the Ontario Land Tribunal on the appeal of By-law 268-2022.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Michael Thompson, recommends that: 1. City Council direct the City Solicitor, in collaboration with the Chief Planner and Executive Director, City Planning to seek an expedited hearing process at the Ontario Land Tribunal on the appeal of By-law 268-2022.
MM43.36adopted
At its meeting on February 2 and 3, 2022, City Council adopted Official Plan Amendment 554 to adopt policies that authorize the use of additional residential units by authorizing the use of a residential unit in an ancillary building or structure, not adjacent to a public lane, and enacted Zoning By-law 101-2022 to amend City-wide Zoning By-law 569-2013 (the "Zoning By-law") give effect to Official Plan Amendment 554, which included requirements and standards relating to the policies of Official Plan Amendment 554. City Council is required, by the Planning Act and provincial policy, to amend its Official Plan to authorize the use of additional residential units by authorizing the use of two residential units in a detached house, semi-detached house or rowhouse as well as the use of a residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse, and to give effect to those policies through the Zoning By-law. The Official Plan Amendment amends the City's Official by adding Site and Area Specific Policy 670 for all lands designated Neighbourhoods. The Official Plan Amendment establishes clear policy and criteria to ensure that the authorized additional residential units, called "Garden Suites" in the Official Plan Amendment, are considered compatible with the existing physical character of established Neighbourhoods, even in cases where no Garden Suites currently exist as part of the prevailing building stock. Prior to the adoption of the Official Plan Amendment, the Official Plan did not contain this clarity, and in some areas of the City, served as a barrier to permitting additional residential units in ancillary buildings. Prior to the enactment of the Zoning By-law Amendment, the Zoning By-law did not permit dwelling units or home occupations within ancillary buildings or structures, unless the ancillary building or structure was a laneway suite (laneway suites having been authorized City-wide by earlier Planning Act instruments). The Official Plan Amendment and Zoning By-law Amendment, together, provide a planning policy framework, and an as-of-right path forward, for the construction of additional residential units in ancillary buildings on Neighbourhoods-designated, residentially-zoned lands in the City. Neither the Official Plan Amendment nor the Zoning By-law Amendment are appealable to the Ontario Land Tribunal (the "Tribunal"), except by the Minster of Municipal Affairs and Housing (the "Minister"). Although the Minister did not appeal, seven community associations, who call themselves the Alliance of Resident and Ratepayer Associations (the "Alliance"), have purported to do so. The City Solicitor has sought and obtained dates from the Tribunal to argue a motion to dismiss the Alliance's appeals without a hearing. The Alliance has written to Mayor John Tory and all City Councillors to request "that Council direct staff to meet with the Alliance to resolve their concerns rather than seeking to litigate the matter."
City Council on May 11 and 12, 2022, adopted the following: 1. City Council direct appropriate staff, including the City Solicitor and the Chief Planner and Executive Director, City Planning or their delegate(s), to meet, on a without prejudice basis, with representatives of the seven community associations who have purported to appeal Official Plan Amendment 554 and Zoning By-law 101-2022 to the Ontario Land Tribunal, on a date between May 19, 2022 and June 1, 2022, to listen to the associations' concerns with Official Plan Amendment 554 and Zoning By-law 101-2022.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Councillor Gary Crawford, recommends that: 1. City Council direct appropriate staff, including the City Solicitor and the Chief Planner and Executive Director, City Planning or their delegate(s), to meet, on a without prejudice basis, with representatives of the seven community associations who have purported to appeal Official Plan Amendment 554 and Zoning By-law 101-2022 to the Ontario Land Tribunal, on a date between May 19, 2022 and June 1, 2022, to listen to the associations' concerns with Official Plan Amendment 554 and Zoning By-law 101-2022;
MM43.37adopted
This Motion will authorize the City Solicitor, along with appropriate City Staff and outside consultants, as necessary, to attend the Toronto Local Appeal Body in order to oppose the minor variances applications made to the Committee of Adjustment respecting the property at 43 Russell Hill Road (Application A1029/ 21TEY and A0320/ 21TEY) ("Applications"). The Applications seek to alter the existing three-storey detached dwelling by constructing a rear three-storey addition, and to construct an accessory structure and playground in the front yard. In total, the Applications seek six variances, which relate to height, number of storeys, rear yard landscaping, front yard ancillary buildings, and rooftop platform size. Planning Staff did not submit a report to the Committee of Adjustment. The Committee of Adjustment refused the variances in its first decision dated July 22, 2021, and approved some of the variances in its second decision dated October 7, 2021. Copies of both Notices of Decision are attached to this Motion. The first decision was appealed to the Toronto Local Appeal Body by the Owner, and the second decision was appealed to the Toronto Local Appeal Body by a neighbouring resident (the "Appeals"). This Motion will give the City solicitor authority to oppose the Applications at the Toronto Local Appeal Body. In addition, this Motion will give the City Solicitor authority to attempt to negotiate a settlement of the Appeals. Finally, this Motion will give the City Solicitor authority to retain outside consultants as necessary. This matter is time sensitive and urgent as the Appeals have been scheduled for a hearing and the City Solicitor requires instructions to attend in opposition to the Applications.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council direct the City Solicitor and appropriate staff to attend the Toronto Local Appeal Body in opposition to the minor variances applications respecting 43 Russell Hill Road (Application A1029/ 21TEY and A0320/ 21TEY). 2. City Council authorize the City Solicitor to retain outside consultants as may be necessary in order to oppose the Applications and to support the City's position respecting the Appeals. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the Application and Appeal, and City Council authorize the City Solicitor be authorized to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor and with the Director of Community Planning, Toronto and East York District.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Layton, recommends that: 1. City Council direct the City Solicitor and appropriate staff to attend the Toronto Local Appeal Body in opposition to the minor variances applications respecting 43 Russell Hill Road (Application A1029/ 21TEY and A0320/ 21TEY). 2. City Council authorize the City Solicitor to retain outside consultants as may be necessary in order to oppose the Applications and to support the City's position respecting the Appeals. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the Application and Appeal, and City Council authorize the City Solicitor be authorized to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor and with the Director of Community Planning, Toronto and East York District.
MM43.38adopted
At its meeting of October 2 and 3, 2019, City Council adopted Member's Motion MM10.10, Entering into a Construction Agreement and Accepting a Donation from Downtown Yonge Business Improvement Area for Trinity Square Park Clock Tower Rehabilitation. Under the Motion, the Business Improvement Area would fund the restoration of the 1980s-era Clock Tower with up to $100,000 of its own funding, and undertake the design and construction work through an agreement in compliance with the City's Fair Wage and Labour Trades Contractual Obligations in the Construction Industry, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor. The arrival of the COVID-19 pandemic in early 2020 prevented the work from taking place. The Business Improvement Area is now ready to restart the project. However, over the intervening years, project costs have escalated. The funding proposed in this Motion would make up that difference, with the Business Improvement Area continuing to undertake the project and contributing $100,000. This motion seeks authority from Council to amend Parks, Forestry and Recreation's 2022-2031 Approved Capital Budget and Plan to create a new capital sub-project in the Park Development project with a project cost and cash flow of $321,855 in 2022, fully funded by various Section 42 Above 5 percent Cash-in-lieu received, for the purpose of transferring funds to the Downtown Yonge Business Improvement Area to complete the restoration of the Clock Tower in Trinity Square Park. The restored Clock Tower would remain the property of the City under the management of Parks, Forestry and Recreation.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council amend the Council Approved Parks, Forestry and Recreation's 2022-2031 Capital Budget and Plan to create a new capital sub-project known as Trinity Square Park Clock Tower in the Park Development project, with a project cost and cash flow of $321,855 in 2022, fully funded by various Section 42 Above 5 percent Cash-in-lieu included in the chart below, for the purpose of transferring funds to the Downtown Yonge Business Improvement Area to complete the restoration of the Clock Tower in Trinity Square Park: Development Location Internal Order Account (XR2213 Amount ($) 252 Victoria Street 4200290 $524.24 155 Dundas Street East 4200399 $368.65 197 Yonge Street 4200612 $3,370.99 68 Shuter Street 4200657 $649.53 25 Richmond Street East 4201065 $3,117.85 77 Mutual Street 4201094 $2,638.03 215 Church Street 4201208 $6,337.38 59 Mutual Street 4201590 $304,848.33 Total $321,855.00 2. City Council authorize the transfer of up to $321,855 to the Downtown Yonge Business Improvement Area, from the Council Approved Parks, Forestry and Recreation 2022-2031 Capital Budget and Plan under the Trinity Square Park Clock Tower sub-project, in the Park Development project, to complete the restoration of the Clock Tower in Trinity Square Park, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation. 3. City Council authorize the General Manager, Parks, Forestry and Recreation to amend the Construction and Licence Agreement between the City and the Downtown Yonge Business Improvement Area authorized by City Council at its meeting of October 2 and 3, 2019, to allow for the transfer of up to $321,855 from the City to the Downtown Yonge Business Improvement Area, to be used for the purpose of restoring the Clock Tower in Trinity Square Park, on terms and conditions acceptable to the General Manager and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Paula Fletcher, recommends that: 1. City Council amend the Council Approved Parks, Forestry and Recreation's 2022-2031 Capital Budget and Plan to create a new capital sub-project known as Trinity Square Park Clock Tower in the Park Development project, with a project cost and cash flow of $321,855 in 2022, fully funded by various Section 42 Above 5 percent Cash-in-lieu included in the chart below, for the purpose of transferring funds to the Downtown Yonge Business Improvement Area to complete the restoration of the Clock Tower in Trinity Square Park: Development Location Internal Order Account (XR2213 Amount ($) 252 Victoria Street 4200290 $524.24 155 Dundas Street East 4200399 $368.65 197 Yonge Street 4200612 $3,370.99 68 Shuter Street 4200657 $649.53 25 Richmond Street East 4201065 $3,117.85 77 Mutual Street 4201094 $2,638.03 215 Church Street 4201208 $6,337.38 59 Mutual Street 4201590 $304,848.33 Total $321,855.00 2. City Council authorize the transfer of up to $321,855 to the Downtown Yonge Business Improvement Area, from the Council Approved Parks, Forestry and Recreation's 2022-2031 Capital Budget and Plan under the Trinity Square Park Clock Tower sub-project, in the Park Development project, to complete the restoration of the Clock Tower in Trinity Square Park, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation. 3. City Council authorize the General Manager, Parks, Forestry and Recreation to amend the Construction and Licence Agreement between the City and the Downtown Yonge Business Improvement Area authorized by City Council at its meeting of October 2 and 3, 2019, to allow for the transfer of up to $321,855 from the City to the Downtown Yonge Business Improvement Area, to be used for the purpose of restoring the Clock Tower in Trinity Square Park, on terms and conditions acceptable to the General Manager and in a form satisfactory to the City Solicitor.
MM43.39adopted
Amir and Josifina Sharif have been operators of a hot dog cart at the corner of St George and Bloor since 1998. This business has been the main source of their family income. Sadly, Amir recently passed away and his family has been grieving his loss. Mr. Sharif was the holder of the Sidewalk Vending Permit and now that he has passed, his wife Josifina is seeking to have the permit transferred to her name to allow her to continue supporting her family as this hotdog cart is their main source of income. However, there is a current moratorium in place which does not allow applications for a Sidewalk Vending Permit to vend refreshments and/or vehicles from a non-motorized vehicle. Covid has added immense financial pressures to families, particularly to those who rely on these types of businesses which are somewhat precarious in nature, and given that this is the family's main income they cannot afford to lose it. Members of the local community have expressed that this cart has been an important mainstay of the St. George and Bloor neighbourhood, and a valuable resource for residents, University of Toronto students and faculty and tourists alike. Additionally, the Sharif family has operated the cart without any infractions or violations. This Motion is urgent because if the permit is not transferred as soon as possible, they will be unable to operate the street vending unit and continue losing income needed to support the family.
City Council on May 11 and 12, 2022, adopted the following: 1. Despite the prohibition on transferring Sidewalk Vending Permits in section 740-31 of Chapter 740, Street Vending, City Council direct the Executive Director, Municipal Licensing and Standards, to transfer Sidewalk Vending Permit R53-2403270 from Amir Sharif to Josifina Sharif without the requirement for a new permit application, provided: a. all terms and conditions of the permit and other requirements of Chapter 740, Street Vending shall continue to apply; and b. Josifina Sharif has provided the City with the following to the satisfaction of the Executive Director: i. a transfer application including such information as required by the Executive Director; ii. payment of the fee referenced in § 740-8B; iii. a new agreement with the City; iv. updated proof of insurance; v. proof of a valid business license issued by the City; and vi. proof of the payment of all other applicable fees required by the City.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Shelley Carroll, recommends that: 1. Despite the prohibition on transferring Sidewalk Vending Permits in section 740-31 of Chapter 740, Street Vending, City Council direct the Executive Director, Municipal Licensing and Standards, to transfer Sidewalk Vending Permit R53-2403270 from Amir Sharif to Josifina Sharif without the requirement for a new permit application, provided: a. all terms and conditions of the permit and other requirements of Chapter 740, Street Vending shall continue to apply; and b. Josifina Sharif has provided the City with the following to the satisfaction of the Executive Director: i. a transfer application including such information as required by the Executive Director; ii. payment of the fee referenced in § 740-8B; iii. a new agreement with the City; iv. updated proof of insurance; v. proof of a valid business license issued by the City; and vi. proof of the payment of all other applicable fees required by the City.
MM43.40adopted
Barbara Hall Park, which wraps around The 519 Church Street Community Centre ("The 519"), includes greenspace, a splash pad, playground, off-leash dog area and is home to the AIDS and Trans Memorials. The 519 is one of 10 community centres governed under the City of Toronto Act, 2006, which permits the City to appoint a board to manage the community centre facility and provide for its administration. Through the 2022 budget process, City Council provided The 519 with $250,000 in funding for animation in Barbara Hall Park to improve community safety as well as neighbourhood relations. The 519 is excited to develop and implement new programming opportunities for everyone who call the Church-Wellesley Village home. In order to meaningfully activate Barbara Hall Park over the next year, The 519 is requesting a non-exclusive, nominal fee licence agreement to use the park. This license will streamline and simplify the process, and will assist The 519 in realizing the goals of the Council directed 2022 funding. The General Manager, Parks, Forestry and Recreation does not have the delegated authority to issue such licence agreements or to waive permit fees. Therefore, this Motion is requesting the necessary authority from City Council. A licence agreement will provide the flexibility and capacity to be able to appropriately activate the park with a variety of programs in a timely manner. The 519 will provide a variety opportunities for diverse local communities to come together as they enjoy what the park and The 519's programs have to offer. All events will be free to the public. Events will fall into four categories: Marquee Events, Re-Occurring Events, Single Day Events and Passive Ongoing Activations. A schedule will be presented to Parks, Forestry and Recreation and The 519 and Parks, Forestry and Recreation will work collaboratively to ensure a successful program. In addition to The 519 events, the program will provide micro-grants to other community-led organizations interested in activating Barbara Hall Park. These events would not be covered by the licence agreement and The 519 will work with micro-grant recipients to ensure they follow all relevant City permit guidelines. This Motion also recommends that City Council approve the waiving of permit fees for any 519 events scheduled for 2022 before the licence agreement is executed. This motion is urgent as events are planned to begin this month and permits are required.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council authorize the General Manager, Parks, Forestry and Recreation, to negotiate and sign on behalf of the City a nominal fee Licence Agreement with The 519 Church Street Community Centre to facilitate programming and community activities in Barbara Hall Park, for a one-year term renewable at the General Manager's discretion for up to an additional two one-year terms (three years total), on terms and conditions acceptable to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor. 2. City Council authorize the General Manager, Parks, Forestry and Recreation, to waive permit fees on permits taken out by The 519 Church Street Community Centre for programming at Barbara Hall Park in 2022 prior to the execution of the Licence Agreement referenced in Part 1 above.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Shelley Carroll, recommends that: 1. City Council authorize the General Manager, Parks, Forestry and Recreation, to negotiate and sign on behalf of the City a nominal fee Licence Agreement with The 519 Church Street Community Centre to facilitate programming and community activities in Barbara Hall Park, for a one-year term renewable at the General Manager's discretion for up to an additional two one-year terms (three years total), on terms and conditions acceptable to the General Manager of Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor. 2. City Council authorize the General Manager, Parks, Forestry and Recreation, to waive permit fees on permits taken out by The 519 Church Street Community Centre for programming at Barbara Hall Park in 2022 prior to the execution of the Licence Agreement referenced in Recommendation 1 above.
MM43.41adopted
Across the pandemic, and in particular in recent months, East End Business Improvement Areas have experienced an increased number of incidents involving vandalism and damage to storefront windows and glass front doors. The current Business Improvement Area Municipal Code Chapter 19-2.1, does not provide a pathway for Business Improvement Areas and small business members to utilize existing funds to cover the costs for replacing vandalized windows. Business Improvement Areas are limited on the type of work that can occur on private property, per the structure of levies and the City's priority lien status. A previous amendment to the Municipal Code occurred in 2007 to permit the use of funds to contribute to removal of graffiti and postering. With a Municipal Code review currently underway, this is an opportune time for relevant City Divisions to undertake exploration on any opportunities to support small businesses facing these incidents. This matter is time sensitive and urgent as it responds to an increased number of incidents in the local community and additionally requires providing City staff the required time to review this matter in advance of the filing deadline for their upcoming report to Economic and Community Development Committee.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council request the General Manager, Economic Development and Culture, in collaboration with any relevant divisions, to explore as part of the Municipal Code review process, opportunities to expand the scope of use for existing Business Improvement Area funds for private property repairs to include contribution to repairs for windows broken through acts of vandalism, and to report back to the Economic and Community Development Committee at its meeting on July 6, 2022.
Staff recommendation as filed
Councillor Brad Bradford, seconded by Paula Fletcher, recommends that: 1. City Council request the General Manager, Economic Development and Culture, in collaboration with any relevant divisions, to explore as part of the Municipal Code review process, opportunities to expand the scope of use for existing Business Improvement Area funds for private property repairs to include contribution to repairs for windows broken through acts of vandalism, and to report back to the Economic and Community Development Committee at its meeting on July 6, 2022.
MM43.42adopted
Since the beginning of the pandemic, local restaurants have been significantly impacted by the limitations on indoor public dining. CafeTO and outdoor dining opportunities have been a lifeline to keep small establishments in business. As restaurants navigate this time of re-opening, the establishment at 1792 Danforth Avenue is again applying for a sidewalk café permit, including to formalize a long existing deck patio for the upcoming outdoor dining season. This motion would provide the pathway to formalize and permit the use of this much-loved space, and requires waiving some requirements of Municipal Code Chapter 742, Sidewalk Cafes, Parklets and Marketing Displays, subject to requirements. This matter is time sensitive and urgent as site-specific Municipal Code relief for a temporary outdoor patio proposal on private property requires City Council consideration as part of the completion of CafeTO installations currently underway before the next meeting of City Council.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council request the Executive Director, Municipal Licensing and Standards, upon receiving an application for a sidewalk café under Municipal Code Chapter 742, Sidewalk Cafes, Parklets and Marketing Displays for 1792 Danforth Avenue prior to August 31, 2022, to waive the requirement for the application to comply with § 742-10.12 (Decks), provided the following requirements are met: a. the applicant provides the City with drawings of any deck to be installed in the permit area to the satisfaction of the Executive Director, Municipal Licensing and Standards; b. the deck meets the standards of § 742-10.12.C; c. the deck and permit area meet the standards of § 742-7.1 (Pedestrian clearway); and d. the permit holder complies with the removal requirements in § 742-10.12.D.
Staff recommendation as filed
Councillor Brad Bradford, seconded by Councillor Paula Fletcher, recommends that: 1. City Council request the Executive Director, Municipal Licensing and Standards, upon receiving an application for a sidewalk café under Municipal Code Chapter 742, Sidewalk Cafes, Parklets and Marketing Displays, for 1792 Danforth Avenue prior to August 31, 2022, to waive the requirement for the application to comply with § 742-10.12. (Decks), provided the following requirements are met: a. the applicant provides the City with drawings of any deck to be installed in the permit area to the satisfaction of the Executive Director; b. the deck meets the standards of § 742-10.12.C; c. the deck and permit area meet the standards of § 742-7.1. (Pedestrian clearway); and d. the permit holder complies with the removal requirements in § 742-10.12.D.