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.
BL43.1adopted
Introduction and Enactment of General Bills and Confirming Bills
City Council will introduce and enact General Bills and Confirming Bills.
City Council on May 11 and 12, 2022 enacted By-laws 399-2022 to 481-2022.
CC43.1adopted
The Toronto Municipal Code, Chapter 3 ("Accountability Officers"), requires that the City's Accountability Officers undergo an annual audit by an external auditor, a practice that began with the Auditor General. As directed by City Council, the City Manager facilitated the request for proposal process and retained Robert Gore and Associates to undertake this work. The external auditors have completed their review. I am transmitting to City Council the external auditor's reports for the Integrity Commissioner, Lobbyist Registrar and Ombudsman for the year ended December 31, 2020 for information.
City Council on May 11 and 12, 2022, received the external compliance audit reports for the year ended December 31, 2020 for the office of the Integrity Commissioner, the Toronto Lobbyist Registrar and the Ombudsman, for information.
IA43.1received
Regarding Casa Loma’s North of Austin Terrace Site
Councillor Josh Matlow has submitted the following Administrative Inquiry: I am submitting this administrative inquiry under Municipal Code S27-61 to seek information regarding the operation of Casa Loma, specifically the North of Austin Terrace site. Given that the tenant started work in preparation for "Michelin star fine dining" restaurant in the subject site, questions have been raised as to whether City Staff are enforcing the applicant's obligations under the lease agreement with the City. Since being selected as the operator of Casa Loma, the Liberty Entertainment Group has unquestionably revitalized the heritage site. The site now has upgraded facilities, a new restaurant, and signature events. The item at Council that awarded the RFP to Liberty in 2013 was EX 35.2 - Casa Loma Request for Proposals - Operator for Main House and Grounds. The Staff Recommendations for the item clearly delineated the North of Austin Terrace as a separate entity, intended for a different use and/or operator: 6. City Council request that the Casa Loma Corporation review options for the north portion of the Casa Loma complex, including consideration of issuance of an Request for Expressions of Interest, and in doing so: a. identify a vision and uses for the north portion of the Casa Loma complex; b. ensure the vision and uses proposed are complimentary to the heritage, tourism and event uses at the Main House and Grounds; c. preclude the sale of City owned lands; and d. provide that the review process includes significant community and key stakeholder consultation. Nine years later and there still does not appear to be any significant movement by City Staff on this Council direction. That's why it was particularly concerning when community members made my office aware of significant work taking place on the site in preparation for a private restaurant, without notice, permission, or consultation. While the construction was halted, only due to my office's intervention, Staff informed me in a November 2021 meeting that the restaurant was allowed in the lease and reiterated the same in a February 23rd, 2022 meeting with interested residents. This statement ran counter to advice I had received from Staff in the spring of 2021, and is inconsistent with the Operating Agreement, which specifies that the entirety of the North of Austin Terrace site, including the tunnel, potting shed, garage, stables and grounds "…will continue to be included in the Heritage Attraction Offering". The community and I have yet to receive an explanation for this discrepancy. Moreover, unlike the Main House of Casa Loma, the North of Austin Terrace site is not subject to the revenue sharing agreement with the City. It is of great concern that this push to privatize the space would not have even benefitted the public financially. Of further concern is the disregard of the tenant's obligation to hold public meetings. The lease agreement states that the "Tenant acknowledges that Casa Loma and its operation are matters of importance to City of Toronto residents. The Tenant agrees to hold at least one (1) community input session every year to permit neighbours and other interested citizens to comment on Casa Loma operations." Yet, these annual community input sessions do not appear to have occurred. Casa Loma is owned by Toronto residents. The City has a responsibility to ensure that it is operated in the public interest with full transparency. The North of Austin Terrace site, in particular, was meant to be a site that showcased our history and helped tell Toronto's story. The push to privatize this space is concerning and warrants answers to the following questions: 1. What guidance, instruction, or communication with respect to uses of the North of Austin Terrace did Staff provide to Liberty Entertainment group from 2020-2022? 2. What advice or information was Staff relying on when they told the local Councillor and, subsequently, local residents that the lease allowed for a restaurant in the North of Austin Terrace site? 3. Can the minutes and any associated materials including, but not limited to, presentations, handouts, and proposals from the Casa Loma Corporation Boards September 28th meeting regarding the item "North Campus Lease negotiations" be made public in the response from the City Manager? 4. Has a Request for Expressions of Interest regarding the future of the North of Austin Terrace been issued? 5. Has the tenant fulfilled their obligation to hold annual public meetings? 6. Has the tenant made the agreed-upon $7.2 million capital upgrade investment? 7. What rent (base + percentage, if applicable) has the tenant paid the City in each year since assuming operating control of Casa Loma, including participation rents from museum admission and the restaurant?
City Council on May 11 and 12, 2022, received Administrative Inquiry IA43.1 from Councillor Josh Matlow, Ward 12, Toronto - St. Paul's regarding Casa Loma's North of Austin Terrace Site and Answer IA43.1a from the City Manager for information.
MM43.1adopted
Bill 60 amends the Health Insurance Act. Insured services shall include prescribed hospital-based and community-based violence intervention programs. They shall also include trauma-informed counselling for survivors and others affected by gun violence. The Bill also amends the Health Protection and Promotion Act. Boards of Health shall have programs and services for reducing gun violence. They shall also have programs and services for increasing the capacity of the community to assist survivors and others affected by gun violence. https://www.ola.org/en/legislative-business/bills/parliament-42/session-2/bill-60
City Council on May 11 and 12, 2022, adopted the following: 1. City Council endorse Bill 60, the Safe and Healthy Communities Act (Addressing Gun Violence), 2022.
Staff recommendation as filed
Councillor Paul Ainslie, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council endorse Bill 60, the Safe and Healthy Communities Act (Addressing Gun Violence), 2022.
RM43.1adopted
- O Canada - Moment of Silence
CALL TO ORDER: 9:37 a.m. Speaker Nunziata took the Chair and called the Members to order. The meeting opened with O Canada. May 11, 2022 Members of Council observed a moment of silence and remembered: John William Bosley Kathleen Llewellyn-Thomas Janette O'Hagan Ron Watson Alan Weingarten Speaker Nunziata acknowledged that City Council was meeting on the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples. Speaker Nunziata also acknowledged that Toronto is covered by Treaty 13 signed with the Mississaugas of the Credit. Speaker Nunziata advised Council of the following: For the benefit of those who are connected to the internet, the City Clerk has posted all of the agenda materials for today's meeting at toronto.ca/council. Members of Council, staff and the public are participating in today's meeting remotely and in person, and the meeting is being streamed live on YouTube. I'd like to welcome the public who are with us here today, and who are watching the meeting online.
CC43.2adopted
Ombudsman Toronto 2021 Annual Report
Pursuant to section 173(2) of the City of Toronto Act, 2006 and the Toronto Municipal Code, Chapter 3, the Ombudsman is required to submit an annual report on the activities of his office directly to City Council.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council receive the Ombudsman Toronto 2021 Annual Report for information.
Staff recommendation as filed
The Ombudsman recommends that: 1. City Council receive the Ombudsman Toronto 2021 Annual Report for information.
MM43.2adopted
Native Child and Family Services of Toronto is one of the City's leading service organizations. A registered charity, it has locations and programs in Mount Dennis, Malvern, at its downtown headquarters, and in Scarborough's Galloway neighbourhood at the Scarborough Family and Life Centre. At the Galloway location it offers the Scarborough Youth Program that, among other features, provides outdoor Indigenous programming at local parks, including nearby Eastview Park. This work led to an identified need for shelter at Eastview Park. Accordingly, Native Child and Family Services of Toronto is proposing to build a shade pavilion in the park that would include seating, activity areas, modest storage for program equipment, and the ability to host sacred fires. It would not be serviced with power or water. Parks, Forestry and Recreation supports the proposal. Native Child and Family Services of Toronto has received a Federal grant under the Canada Community Revitalization Fund to construct the shade pavilion, working with Indigenous architecture firm Two Row Architects. The finished structure would become City property and would be available for community use when not being used for Native Child and Family Services of Toronto programming. Members of the general public will also be welcome at some Native Child and Family Services of Toronto programs. The Federal grant does not cover future maintenance costs. The structure will be designed with durable, low-maintenance materials. Parks staff estimates the operating impact in the early years of the pavilion's life, including inspections, litter pick-up and any graffiti removal, may add up to 60 days of parks maintenance staff or cost up to $40,000 on an annual basis. This would be subject to future Parks, Forestry and Recreation operating budget submissions through the annual budget process. Any future major structural repairs would also be subject to future budget submissions through the annual budget process. Because the structure is valued in excess of $50,000, Council authority is required to accept the donation under the Donations to the City of Toronto for Community Benefits Policy. Additionally, Council authority is required to negotiate and enter into a Construction and Donation Agreement with Native Child and Family Services of Toronto to deliver the project through its contractors. Finally, Council authority is required to negotiate and enter into an agreement governing the use of the shade pavilion by Native Child and Family Services of Toronto for its youth and community programs. The agreement would oblige Native Child and Family Services of Toronto to maintain the pavilion in a neat and tidy appearance as a result of its usage. This project aligns with the goals of the City's Reconciliation Action Plan, approved by City Council at its April 6, 2022 meeting. This Motion is urgent as construction must take place in 2022 to fulfill the obligations of the Federal grant. The target completion date is December 2022.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to accept the in-kind donation of a shade pavilion at Eastview Park from Native Child and Family Services of Toronto, in compliance with the Donations to the City of Toronto for Community Benefits Policy. 2. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and sign on behalf of the City a Construction and Donation Agreement with Native Child and Family Services of Toronto for the purposes of accepting and constructing a shade pavilion at Eastview Park, in compliance with the City's Fair Wage Policy, Labour Trades Contractual Obligations in the Construction Industry and other City policies relating to capital projects, on terms and conditions acceptable to the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor. 3. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and sign on behalf of the City a nominal fee agreement governing the use of the shade pavilion by Native Child and Family Services of Toronto for its youth and community programs, for an initial term of five years, renewable for two additional terms of up to five years each (15 years total) at the General Manager, Parks, Forestry and Recreation's discretion, on terms and conditions acceptable to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
Councillor Paul Ainslie, seconded by Mayor John Tory, recommends that: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to accept the in-kind donation of a shade pavilion at Eastview Park from Native Child and Family Services of Toronto, in compliance with the Donations to the City of Toronto for Community Benefits Policy. 2. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and sign on behalf of the City a Construction and Donation Agreement with Native Child and Family Services of Toronto for the purposes of accepting and constructing a shade pavilion at Eastview Park, in compliance with the City's Fair Wage Policy, Labour Trades Contractual Obligations in the Construction Industry and other City policies relating to capital projects, on terms and conditions acceptable to the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor. 3. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and sign on behalf of the City a nominal fee agreement governing the use of the shade pavilion by Native Child and Family Services of Toronto for its youth and community programs, for an initial term of five years, renewable for two additional terms of up to five years each (15 years total) at the General Manager, Parks, Forestry and Recreation's discretion, on terms and conditions acceptable to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.
RM43.2adopted
City Council will confirm the Minutes from the regular meeting held on April 6 and 7, 2022.
City Council confirmed the Minutes of Council from the regular meeting on April 6 and 7, 2022.
CC43.3adopted
2022 COVID-19 Intergovernmental Funding Update
The City continues to experience significant and unprecedented financial impacts, both in the form of added costs and revenue losses as a direct result of the COVID-19 pandemic. As reflected in the Council Approved 2022 Operating Budget, it is anticipated that COVID-19 related financial impacts will total $1.4 billion in 2022 across all City Programs and Agencies. At its meeting of April 6 and 7, 2022, City Council considered Item MM42.33 which directed the City Manager and Chief Financial Officer and Treasurer to continue to engage with the Federal and Provincial Governments to obtain funding commitments to fully address remaining COVID-19 related financial impacts anticipated in 2022; to obtain funding commitments for 2022 refugee response costs; and to obtain a firm commitment for the reimbursement of Public Health COVID-19 response and vaccine roll out costs and 2022 supportive housing costs. In the staff report dated April 5, 2022, the City Manager and the Chief Financial Officer and Treasurer committed to report back in May 2022 with further actions that may be required to ensure the City maintains a balanced 2022 Operating Budget while preserving service levels across the City, in the absence of full funding commitments from other orders of government. A supplementary report will be presented to City Council in advance of its meeting on May 11, 2022, with further information to reflect the latest funding announcements and implications to the City's 2022 Budget including any impacts to the Capital Plan. Staff are finalizing the analysis based on continued dialogue with other orders of government and within the organization.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council receive the report (May 4, 2022) from the City Manager and Chief Financial Officer and Treasurer for information.
Staff recommendation as filed
The City Manager and the Chief Financial Officer and Treasurer recommend that: 1. City Council receive this report for information.
MM43.3adopted
Martingrove Baseball Inc. is an organization located in Etobicoke. Since 1958, the league has offered all levels of baseball programming for children and youth aged 4 to 28 years and is dedicated to providing a safe and fun environment in which boys and girls can play, learn and make friends. Martingrove Baseball Inc.'s mission is to teach and encourage children and youth to practice good sportsmanship, develop as individuals while working as team, foster self-confidence and keep healthy and stay fit. In 2021, Martingrove Baseball Inc. identified the need for improvements to the baseball diamond located at Silver Creek Park in Ward 2 (Etobioke Centre). The league was recently awarded $150,000 in funding for these improvements through a grant from the Toronto Blue Jays, Jays Care Foundation after the successful submission of a proposal to the Jays Care Field of Dreams program. Martingrove Baseball Inc. will be contributing another $10,000 towards this project, for a total donation of $160,000. Authority is requested to amend the Silver Creek Park Improvements sub-project in the 2022 Council Approved Capital Budget and 2023-2031 Capital Plan for Parks, Forestry and Recreation in the amount of $160,000, with funding from the donation, to improve the conditions of the baseball diamond by replacing the fencing, building larger covered players' bench areas, and improving infield and outfield conditions. The total project cost would be amended from $575,000 to $735,000 with cash flow commitments in 2022. Under City Council's Donations to the City of Toronto for Community Benefits Policy, Council authority is required to accept donations over $50,000. The Motion is deemed urgent in order for the work to commence in the Fall of 2022.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to accept a donation of $160,000 from Martingrove Baseball Inc. for the capital project work relating to the refurbishments to the baseball diamond at Silver Creek Park in compliance with the City's Policy on Donations for Community Benefits. 2. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and sign a donor agreement for the $160,000 donation from Martingrove Baseball Inc., on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor. 3. City Council amend the 2022-2031 Council Approved Capital Budget and Plan for Parks, Forestry and Recreation for the Silver Creek Park Improvements sub-project in the Park Development project, in the amount of $160,000, increasing the total project cost from $575,000 to $735,000, with cash flow commitments in 2022, fully funded by the donation, for the purpose of improvements to the baseball diamond.
Staff recommendation as filed
Councillor Stephen Holyday, seconded by Councillor Mark Grimes, recommends that: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to accept a donation of $160,000 from Martingrove Baseball Inc. for the capital project work relating to the refurbishments to the baseball diamond at Silver Creek Park in compliance with the City's Policy on Donations for Community Benefits. 2. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and sign a donor agreement for the $160,000 donation from Martingrove Baseball Inc., on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor. 3. City Council amend the 2022-2031 Council Approved Capital Budget and Plan for Parks, Forestry and Recreation for the Silver Creek Park Improvements sub-project in the Park Development project, in the amount of $160,000, increasing the total project cost from $575,000 to $735,000, with cash flow commitments in 2022, fully funded by the donation, for the purpose of improvements to the baseball diamond.
RM43.3adopted
Introduction of Committee Reports and New Business from the Mayor and City Officials
Deferred Committee Items: Item GL29.10 Item NY30.8 Report of the Executive Committee from Meeting 32 on May 4, 2022 Submitted by Mayor John Tory, Chair Report of the Civic Appointments Committee from Meeting 28 on April 12, 2022 Submitted by Deputy Mayor Denzil Minnan-Wong, Chair Report of the Economic and Community Development Committee from Meeting 29 on April 28, 2022 Submitted by Councillor Michael Thompson, Chair Report of the General Government and Licensing Committee from Meeting 30 on April 29, 2022 Submitted by Councillor Paul Ainslie, Chair Report of the Infrastructure and Environment Committee from Meeting 29 on April 26, 2022 Submitted by Councillor Jennifer McKelvie, Chair Report of the Planning and Housing Committee from Meeting 33 on April 27, 2022 Submitted by Councillor Ana Bailão, Chair Report of the Striking Committee from Meeting 10 on April 11, 2022 Submitted by Deputy Mayor Denzil Minnan-Wong, Chair Report of the Etobicoke York Community Council from Meeting 31 on April 19, 2022 Submitted by Councillor Mark Grimes, Chair Report of the North York Community Council from Meeting 31 on April 20, 2022 Submitted by Councillor James Pasternak, Chair Report of the Scarborough Community Council from Meeting 31 on April 25, 2022 Submitted by Councillor Jennifer McKelvie, Chair Report of the Toronto and East York Community Council from Meeting 32 on April 21, 2022 Submitted by Councillor Gord Perks, Chair New Business submitted by the Mayor and City Officials
Committee Reports and New Business were presented to City Council for consideration.
CC43.4adopted
Councillor Joe Cressy has resigned from City Council effective April 30, 2022. Councillor Kristyn Wong-Tam has resigned from City Council effective May 4, 2022. City Council needs to officially declare these two seats vacant and approve a process for the appointment of replacements. A further vacancy may arise depending on the outcome of the Ontario General Election on June 2, 2022. City Council should authorize additional contingency plans.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council declare a vacancy in the office of Councillor, Ward 10, Spadina-Fort York. 2. City Council declare a vacancy in the office of Councillor, Ward 13, Toronto Centre. 3. City Council schedule a special meeting for Wednesday, June 1, 2022, at 9:30 a.m. to make appointments to the offices of Wards 10 and 13. 4. City Council fill the vacancies in Wards 10 and 13 in accordance with the following: a. the City Clerk advertises the vacancy inviting any interested and qualified applicants to seek appointment to City Council; b. interested persons complete a Consent of Nominee and Acknowledgement of Qualifications and provide personal identification showing their name and qualifying address within the City of Toronto; c. the deadline for submitting the required forms to the City Clerk is Wednesday, May 25, 2022 at 4:30 p.m.; d. the City Clerk submits a report with the list of applicants for publication on the agenda of the June 1, 2022 special City Council meeting; e. each applicant is provided the opportunity to address City Council for up to 5 minutes; f. the order in which applicants address City Council is determined by lot drawn by the City Clerk when City Council begins its debate on the item; g. Members of City Council are entitled to ask one question of each candidate; h. City Council votes on the appointment by ballot in accordance with procedures established by the City Clerk; and i. City Council enacts a by-law confirming the appointment of the successful candidates to the offices for the remainder of the term of the present Council. 5. If another vacancy on Council occurs before the next meeting of City Council: a. City Council authorize the City Clerk to seek applications from interested persons for appointment to that office; b. City Council hold a special meeting to be scheduled at the call of the Mayor, if required, to make an appointment to that office; and c. City Council fill the vacancy using the same process outlined in Part 4 above, with the following revisions: 1. the City Clerk is authorized to establish the deadline for submitting the required forms to the City Clerk; 2. the City Clerk submits a report with the list of applicants for publication on the agenda of the special City Council meeting; and 3. If City Council is in a position to declare any other office vacant on or before the day of the special meeting scheduled to fill an additional vacancy, Council do so.
Staff recommendation as filed
The City Clerk recommends that: 1. City Council declare a vacancy in the office of Councillor, Ward 10, Spadina-Fort York. 2. City Council declare a vacancy in the office of Councillor, Ward 13, Toronto Centre. 3. City Council schedule a special meeting for Wednesday, June 1, 2022, at 9:30 a.m. to make appointments to the offices of Wards 10 and 13. 4. City Council fill the vacancies in Wards 10 and 13 in accordance with the following: a. the City Clerk advertises the vacancy inviting any interested and qualified applicants to seek appointment to City Council; b. interested persons complete a Consent of Nominee and Acknowledgement of Qualifications and provide personal identification showing their name and qualifying address within the City of Toronto; c. the deadline for submitting the required forms to the City Clerk is Wednesday, May 25, 2022 at 4:30 p.m.; d. the City Clerk submits a report with the list of applicants for publication on the agenda of the June 1, 2022 special City Council meeting; e. each applicant is provided the opportunity to address City Council for up to 5 minutes; f. the order in which applicants address City Council is determined by lot drawn by the City Clerk when City Council begins its debate on the item; g. Members of City Council are entitled to ask one question of each candidate; h. City Council votes on the appointment by ballot in accordance with procedures established by the City Clerk; and i. City Council enacts a by-law confirming the appointment of the successful candidates to the offices for the remainder of the term of the present Council. 5. If another vacancy on Council occurs before the next meeting of City Council: a. City Council authorize the City Clerk to seek applications from interested persons for appointment to that office; b. City Council hold a special meeting to be scheduled at the call of the Mayor, if required, to make an appointment to that office; and c. City Council fill the vacancy using the same process outlined in Recommendation 4 above, with the following revisions: 1. the City Clerk is authorized to establish the deadline for submitting the required forms to the City Clerk; 2. the City Clerk submits a report with the list of applicants for publication on the agenda of the special City Council meeting; and 3. If City Council is in a position to declare any other office vacant on or before the day of the special meeting scheduled to fill an additional vacancy, Council do so.
MM43.4adopted
The purpose of this Motion is to request various permissions and exemptions required for Canada Day celebrations at Mel Lastman Square on July 1, 2022. The Economic Development and Culture Division is producing a Canada Day celebration at Mel Lastman Square (Ward 18) on July 1, 2022. This family friendly celebration will be free, accessible and include site activations, musical performances and concludes with a fireworks display. The logistics of the anticipated crowd size will require the reflecting pool to be drained and cleaned for additional audience viewing capacity and safety. An HTO to Go Water Trailer will be available on site at Mel Lastman Square on July 1, 2022. Due to potential high summer temperatures and expected large attendance numbers, the sale and distribution of bottled water is requested to fulfil an anticipated need and demand for various water options on site. On December 1, 2008, City Council ruled that the sale or distribution of bottled water at Civic Centres be prohibited, effective immediately. http://www.toronto.ca/legdocs/mmis/2008/cc/decisions/2008-12-01-cc27-dd.pdf
City Council on May 11 and 12, 2022, adopted the following: 1. City Council grant permission to Economic Development and Culture to use open flames and special effect pyrotechnics at Mel Lastman Square on July 1, 2022. 2. City Council grant permission to Economic Development and Culture to drain and to place objects in the reflecting pool at Mel Lastman Square on July 1, 2022. 3. City Council grant an exemption to Economic Development and Culture for the sale and distribution of bottled water at Mel Lastman Square on July 1, 2022 as part of this year's Canada Day program.
Staff recommendation as filed
Councillor John Filion, seconded by Councillor Shelley Carroll, recommends that: 1. City Council grant permission to Economic Development and Culture to use open flames and special effect pyrotechnics at Mel Lastman Square on July 1, 2022. 2. City Council grant permission to Economic Development and Culture to drain and to place objects in the reflecting pool at Mel Lastman Square on July 1, 2022. 3. City Council grant an exemption to Economic Development and Culture for the sale and distribution of bottled water at Mel Lastman Square on July 1, 2022 as part of this year's Canada Day program.
RM43.4received
Members of Council will declare interests under the Municipal Conflict of Interest Act.
Members of Council declared interests under the Municipal Conflict of Interest Act.
CC43.5adopted
This reports recommends that the City of Toronto state its intention to designate the property at 462 Wellington Street West under Part IV, Section 29 of the Ontario Heritage Act. The property at 462 Wellington Street West is situated on the north side of Wellington Street West between Portland Street and Spadina Avenue in the King-Spadina neighbourhood. It contains the Northrop & Lyman Co. Building, a five-storey factory/warehouse type building that was constructed in 1917 for Northrop & Lyman Co. Ltd, one of the largest dealers in patent medicines in the country, according to the designs of Leon S. Yolles and Chapman & McGiffenn, the latter who designed such notable buildings as Knox College at the University of Toronto. The property is fashioned in the Edwardian Classical style. The property was occupied by the company for the greater portion of the 20th century and now serves as an office building. The property continues to contribute to the distinctive heritage character of the King-Spadina neighbourhood, which is grounded in its early-mid-20th century transformation as the city's primary manufacturing hub and its fashion district identity. The property at 462 Wellington Street West was included on the City of Toronto's Heritage Register on November 21 and 23, 1973. At the time, the property was known as the Houlding Knitwear Building as Houlding Knitwear was a later occupant.[1] The property is located within the proposed King-Spadina Heritage Conservation District, adopted by City Council in 2017 and currently under appeal. Staff have completed the Research and Evaluation Report for the property at 462 Wellington Street West and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under design and physical, historical and associative, and contextual values. As such, the property is a significant built heritage resource. In 2019, a Zoning By-law Amendment application was submitted to the City that proposes to amend the zoning by-law to permit a 15-storey (50 metres) mixed-use building with office, retail and senior's retirement residential uses, including a total of 134 independent, assisted living and memory-care dwelling units and suites. The proposal includes a total of 23,053 square metres of gross floor area, of which 7,850 square metres is proposed for non-residential uses. The existing heritage building is situated on the west portion of the site and is currently occupied with office uses. The heritage building is proposed to be conserved and re-used for office purposes with retail uses at grade. A Privately-Owned and Publicly-Accessible Open Space (POPS) is proposed at the north end of the site. In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to certain Planning Act applications. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application. The application currently under review was deemed complete prior to the new legislation coming into force. A Heritage Impact Assessment (HIA) prepared by Philip Goldsmith Architects on December 14, 2021 has been reviewed and the proposed conservation strategy is currently to the satisfaction of Heritage Planning. Should City Council support the designation of the subject property the proposed alterations and conditions will require the approval of City Council and a separate report will be forthcoming.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council state its intention to designate the property at 462 Wellington Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 462 Wellington Street West (Reasons for Designation) attached as Attachment 3 to the report (May 2, 2022) from the Chief Planner and Executive Director, City Planning. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in City Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning recommends that: 1. City Council state its intention to designate the property at 462 Wellington Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 462 Wellington Street West (Reasons for Designation) attached as Attachment 3, to the report dated May 2, 2022, from the Chief Planner and Executive Director, City Planning. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.
MM43.5amended
Over the pandemic, Torontonians have embraced outdoor areas for socializing more than ever. Council as recognized the importance of being able to enjoy a drink outside by loosening restrictions on patios with the successful CaféTO program, which will be brought back for a third year. Some residents will choose to enjoy a drink with loved ones in their backyards or on their balconies. However, what about Torontonians that can't afford a drink in a bar or don't have an outdoor space in their homes? These residents should not be left with potentially unsafe options such as gathering indoors or, like many, choosing to drink illegally in parks. Dr. Zain Chagla, an associate professor who studies infectious diseases at McMaster University, has been quoted saying that "there's all these reports of transmission in bars and house parties. So why don't we mitigate that risk? Let's use the outdoors rather than forcing people indoors for their gatherings". Dr. Ilan Schwartz, an infectious disease expert from the University of Alberta, told a news outlet that easing up on public drinking laws during the pandemic would be helpful, stating that "anything that is outdoors - as long as people aren't shoulder to shoulder - we should be encouraging". He also said that being able to drink in public doesn't necessarily result in people drinking in excess, "we don't want to outlaw all behaviour just because taken to the extreme there can be problematic examples". Public intoxication and underage drinking are already illegal under provincial law. Littering, excessive noise, and public urination are also ticketable offences and are already issued in many parks. In other words, those who behave irresponsibly are not concerned with existing policies. This Motion seeks to increase and focus enforcement on problem behaviours that are already occurring by freeing up resources while loosening restrictions for responsible adults who wish to responsibly and safely enjoy a beer or glass of wine. Cities of similar size around the world including Montreal, Vancouver, London, Paris, and Sydney permit residents to drink in parks. Toronto, like some other North American cities, has uneven enforcement with inequitable results. Allowing alcohol consumption in parks came to my attention a few years ago when a friend relayed a concerning incident. I personally know someone who was approached by by-law officers while drinking a beer with another person in a park. He was able to talk himself out of a ticket and was just given a warning. He then noticed two groups of people doing the exact same thing given tickets by the same officer. My friend is white and the people receiving tickets were Black. I have heard similar stories in the years since, including during the pandemic. While Toronto does not keep race-based statistics on the issuance of tickets for drinking in parks, the example from New York City is troubling. In 2020, the New York Police Department issued 1,250 criminal summonses for drinking in public. Out of that number, 48 percent went to Black individuals, 43 percent to Hispanics, and only 7 percent went to white people. For public health and equity, this Motion follows the rules already in place in Vancouver by recommending a pilot project to allow beer and wine consumption in public parks and beaches between 11:00 a.m. and 9:00 p.m. from Friday, May 21, 2022 to Sunday, October 31, 2022.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council direct the General Manager, Parks Forestry and Recreation, in consultation with Executive Director, Municipal Licensing and Standards, the City Solicitor and the Medical Officer of Health, to report to the Economic and Community Development Committee early in the second quarter of 2023 with options, including necessary by-law amendments, to allow alcohol consumption in City of Toronto parks, based on the results of community and stakeholder consultations, safety considerations, the Toronto Drug Strategy and lessons learned from other Canadian jurisdictions.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Anthony Perruzza, recommends that: 1. City Council approve a pilot project to allow the consumption of alcoholic beverages that do not exceed 15 percent alcohol by volume in the City of Toronto's public parks and beaches with bathroom facilities between 11:00 a.m. and 9:00 p.m. from May 21, 2022 to October 31, 2022. 2. City Council suspend the ban on the consumption of alcoholic beverages in public parks in Sections 608-8A and 608-8C of City of Toronto Municipal Code Chapter 608, Parks. 3. City Council prohibit the consumption of alcoholic beverages near playgrounds and sports fields, consistent with the prohibition on smoking. 4. City Council request the General Manager, Parks, Forestry and Recreation to: a. ensure that as many parks and beaches as possible have a bathroom facility, including portable toilets; and b. provide additional garbage and recycling receptacles in parks and beaches. 5. City Council request the General Manager, Parks, Forestry and Recreation to report on the results of the pilot project in Recommendation 1 above in the first quarter of 2023.
RM43.5received
Members of Council may file petitions.
No petitions were filed during the Routine Matters portion of the meeting.
CC43.6adopted
This report recommends that City Council state its intention to designate the properties at 508 and 510 Church Street under Part IV, Section 29 of the Ontario Heritage Act. The properties at 508 and 510 Church Street comprise two adjoining structures, originally constructed as part of a row of six residences (508-518 Church Street) in c.1856-1858, along with a surviving nineteenth-century coach house to the rear of 508 Church Street. The primary structures constitute a unique example of semi-detached house-form buildings from the mid-nineteenth century, which have since evolved for commercial use. They are notable for their asymmetrical configuration and details that demonstrate the influence of the Romanesque Revival style. Since 1994 the integrated properties have been the home of Crews, later Crews and Tangos, a storied venue for drag performances and queer gatherings. The properties are a cultural landmark within the Church and Wellesley Village and for Toronto's broader LGBTQ2S+ community. Additionally, the mural added in 2013 for World Pride contributes to the building's status as a visual landmark. Staff have completed the Research and Evaluation Report for the properties at 508 and 510 Church Street and determined that the properties meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act, on the basis of their design/physical, historical/associative, and contextual values. As such, the properties are significant built heritage resources. An Official Plan Amendment and Zoning Amendment application was submitted to the City in 2020, which proposes the partial retention of the primary structures at 508 and 510 Church Street and demolition of the coach house in the rear of the properties. In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to certain Planning Act applications. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application. This application predates Bill 108, therefore the designation of this property is not subject to Section 29(1.2). A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. An HIA for 506-516 Church Street was prepared by ERA Architects and submitted to the City in December 2021. Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council state its intention to designate the properties at 508 and 510 Church Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 508 and 510 Church Street (Reasons for Designation) attached as Attachment 3 to the report (May 2, 2022) from the Chief Planner and Executive Director, City Planning. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in City Council designating the properties under Part IV, Section 29 of the Ontario Heritage Act.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning recommends that: 1. City Council state its intention to designate the properties at 508 and 510 Church Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 508 and 510 Church Street (Reasons for Designation) attached as Attachment 3 to the report dated May 2, 2022 from the Chief Planner and Executive Director, City Planning. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the properties under Part IV, Section 29 of the Ontario Heritage Act.
MM43.6adopted
Between 2016 and 2021, the population of Etobicoke-Lakeshore grew by 9.8 percent, the second largest growth rate in all of Toronto. Managing this growth effectively requires a significant investment in our transit infrastructure. We know that there is more development coming, and we must be proactive rather than reactive. The Humber Bay Shores neighbourhood is a living example where rapid growth outpaced investment in transit infrastructure. Decades of planning from all three levels of government encouraged the transformation of a derelict motel strip into a vibrant, and densely populated waterfront community in Etobicoke-Lakeshore. The buildout occurred much faster than anticipated, and investment in transit to serve this community has not kept pace with the growth. Despite significant transit achievements over the last few years, we're still playing catch-up. Now, Etobicoke-Lakeshore is facing even more intense development pressure. The Six Points cluster of Dundas, Bloor, and Kipling has been completely redesigned with the intention of urbanizing this new Etobicoke Centre, replacing the dated car-centric infrastructure with a transit-oriented landscape that includes approximately 2,500 new residential units. Two of the City's Housing Now sites are in Ward 3, with a combined goal to construct over 3,500 residential units starting this year. There are over twelve active applications proposing over 3,500 new residential units along The Queensway. The historic Cloverdale Mall will soon be demolished to make way for a multi-tower mixed-use community for approximately 4,000 new residents. Dundas Street West is designated a strategic growth area in the Growth Plan for the Greater Golden Horseshoe. A Secondary Plan approved in 2019 envisions approximately 13,000 new residents around Sherway Mall and the immediate area, with local developers pushing for even more at the Ontario Land Tribunal. South Etobicoke will be virtually unrecognizable in the next ten to twenty years. The development is already planned, so now is the time to plan the transit that will serve it. The Bloor-Danforth (Line 2) Westerly Subway Extension to Sherway Gardens is listed in Toronto's Official Plan and has been protected for through development along the proposed route, and the 1991 Environmental Assessment remains active. We cannot wait to plan this vital transit route - we have an obligation to the residents of Etobicoke to start now. Significant Provincial and City investment in transit projects is improving and expanding Toronto's transit network to respond to growth across the City and region. In addition to the current City and Provincial priority projects, City Council has identified a broader range of projects to further develop Toronto's transit network. The Transit Expansion Office and City Planning Division, in partnership with the Toronto Transit Commission, will report to City Council in the first quarter of 2023 with an update on this fuller list of transit projects.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council request the Executive Director, Transit Expansion and the Chief Planner and Executive Director, City Planning, in consultation with the Toronto Transit Commission, to report to the Executive Committee by the first quarter of 2023 on an approach to addressing transit requirements in south Etobicoke, including recommendations related to timing and approach to the Bloor Danforth (Line 2) Westerly Extension to Sherway, as part of the planned broader transit network update report.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Councillor Stephen Holyday, recommends that: 1. City Council request the Executive Director, Transit Expansion and the Chief Planner and Executive Director, City Planning, in consultation with the Toronto Transit Commission, to report to the Executive Committee by the first quarter of 2023 on an approach to addressing transit requirements in south Etobicoke, including recommendations related to timing and approach to the Bloor Danforth (Line 2) Westerly Extension to Sherway, as part of the planned broader transit network update report.
RM43.6received
Presentations, Introductions and Announcements
Various presentations and announcements will be made at the City Council meeting.
Various presentations, introductions and announcements were made to City Council on May 11 and 12, 2022. May 12, 2022 Speaker Nunziata, during the morning session of the meeting, called upon Mayor Tory to come forward to recognize the City of Toronto's First Responders. Mayor Tory spoke of the importance of the month of May as the City pays tribute to the tireless efforts of First Responders as May 1 was First Responders Day, May 4 was International Fire Fighters Day, the week of May 8 to 12 is National Police Week and the week of May 22 to 23 is Toronto Paramedic Services Week. Mayor Tory spoke of the bravery and professionalism of the members of Toronto Fire Service, highlighted the Toronto Police Officers who keep the residents and the City safe, and of the unwavering professionalism and dedication of the Toronto Paramedic Services in responding to the needs of the residents with respect to their health. Mayor Tory, on behalf of Members of City Council, expressed profound thanks to the First Responders for their work during the COVID-19 Pandemic and for their reliability, dedication and compassion in carrying out their service to the residents of Toronto.
CC43.7adopted
The purpose of this report is to request further instructions for the Ontario Land Tribunal ("Tribunal") proceeding that is currently scheduled for a ten day hearing beginning July 11, 2022. The applicant has appealed the proposed zoning by-law amendment application for 2 Valleyanna Drive due to Council's failure to make a decision on the application within the time prescribed by the Planning Act. On July 14 and 15, 2021, City Council directed the City Solicitor, along with appropriate staff, to oppose the appeal. The Applicant has also appealed the City's proposed designation of 2 Valleyanna Drive under Part IV, Section 29 of the Ontario Heritage Act. That appeal also rests with the Tribunal, but the timing for that hearing is not yet determined.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (May 3, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council direct the City Solicitor to attend the Ontario Land Tribunal with respect to the appeal of By-law 936-2021 and the designation of 2 Valleyanna Drive as being of cultural heritage value or interest pursuant to Part IV of the Ontario Heritage Act in support of amended reasons for designation as contained in Confidential Appendix B to the report (May 3, 2022) from the City Solicitor. 2. City Council accept the settlement offer attached as Confidential Appendix A to the report (May 3, 2022) from the City Solicitor and City Council direct the City Solicitor to attend the Ontario Land Tribunal to support the settlement, conditional on the matters being addressed as set out in Part 3 below. 3. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold issuance of its order with respect to the rezoning appeal until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the Zoning By-law Amendment has been prepared in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the owner has addressed the comments in the Engineering and Construction Services memorandum dated July 27, 2020, or any update to that memorandum, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the owner has, at its sole expense, provided a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Assessment Review, including the Foundation Drainage Report, all to be satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water; d. the owner, at its sole expense, has designed, provided financial security, and entered into legal agreements for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the City Solicitor; e. should it be deemed necessary by the Chief Engineer and Executive Director, Engineering and Construction Services, the owner shall, prior to the issuance of the Tribunal's order and prior to issuance of any below grade permit for all or any part of the site, including any conditional building permit, design, construct, and make operational, any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the City Solicitor; f. the owner has demonstrated within the revised Servicing drawings that space is provided within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers Chapter 681.10; g. the owner has provided a construction management plan acceptable to the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services that addresses matters of site access, location of construction materials, and minimization of impact on neighbouring properties; h. the owner has provided a revised Arborist Report which accurately details the tree preservation plan, to the satisfaction of General Manager, Parks, Forestry and Recreation; and i. the owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template. 4. City Council direct the Chief Planner and Executive Director, City Planning to require, as a condition of Site Plan Approval, that the driveway of the development be constructed of permeable paving, to the satisfaction of the Chief Planner and Executive Director, City Planning. 5. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendices A and B to the report (May 3, 2022) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the City Solicitor report dated May 3, 2022. 2. City Council authorize the public release of the Confidential Appendix A, Confidential Appendix B, and the confidential recommendations in Confidential Attachment 1 of the report and, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report remain confidential at the discretion of the City Solicitor, as it contains advice and information which is subject to solicitor-client privilege.
MM43.7amended
In January 2020, as part of the Ravine Strategy Implementation staff report (http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2020.EX12.1) , Council directed the General Manager, Parks, Forestry and Recreation to develop and implement the 'InTO Ravines: Nature at your doorstep' program in partnership with the national registered charity Park People. InTO the Ravines was launched that following spring, as a two-year pilot program to connect the people of Toronto to the City's rich ravine system through public education opportunities, community-led programming and micro-grants, with a focus on people who have not visited ravines before or who experience barriers in accessing ravines, including those in Neighbourhood Improvement Areas and Ravine Strategy Priority Investment Areas. The current agreement with Park People expired December 31, 2021. Over the last two years, despite the challenges of launching a community engagement program during the uncertainty of the COVID-19 pandemic, InTO the Ravines has successfully fostered the development of a deeper understanding of ravine ecology, Indigenous knowledge and the connection between nature and health, emphasized the guiding principles of the Ravine Strategy, and built the foundation for a long-term sense of connection and care for the City's ravines with Toronto residents. InTO the Ravines has directly engaged over 2,700 people, through community-led events organized by InTO the Ravines "Ravine Champions" and microgrants, as well as self-directed and virtual events such as customized maps for local exploration, a Black history month commentary, and a Forest Therapy event with an Indigenous teacher. More than 200,000 people were also engaged through newsletters, blogs, and social media. At a time when Torontonians needed it most, the collaboration between the City of Toronto and Park People ensured that community-led groups and events across the City were well-positioned to respond to community needs during the pandemic and provided people with a critical connection with nature and community. The program has been delivered through $100,000 contributed each of the last two years from existing resources within the Parks, Forestry and Recreation Operating Budget. The 2022 Parks, Forestry and Recreation Council Approved Operating Budget includes $100,000 from existing resources to support the program this year. To supplement these funds, the City and Park People have targeted $100,000 in matching funds to be secured each year through a funding partner to enhance the budget and program visibility. Park People has currently raised $18,500 in external funds toward this goal for 2022. This Motion recommends that City Council give authority to the General Manager, Parks, Forestry and Recreation, to extend the InTO the Ravines program and the collaboration with Park People to December 31, 2022, with options to extend the program until December 31, 2025, pending annual budget approval. The City of Toronto and Park People look forward to maintaining their collaboration on InTO the Ravines and continuing to do valuable work with equity-deserving communities.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to extend the InTO the Ravines Program until December 31, 2022. 2. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and execute an agreement with Park People on behalf of the City to implement the InTO the Ravines Program for a term expiring on December 31, 2022, renewable at the General Manager, Parks, Forestry and Recreation's sole option (and subject to annual budget approval) for up to three additional terms of one year each, expiring on December 31, 2025, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor. 3. City Council direct the General Manager, Parks, Forestry and Recreation to report to the Infrastructure and Environment Committee on the following regarding the disbursement of grants in regards to the InTO Ravines Program: a. the organizations which applied and received the grants, and the amounts and nature of the projects; b. the organizations which applied and were not approved for grants and the amounts and the nature of those projects; c. methods used to ensure that projects were successful; and d. options to ensure the many large community-based ravine protection organizations have appropriate support and encouragement for their efforts.
Staff recommendation as filed
Councillor Jennifer McKelvie, seconded by Councillor Mike Colle, recommends that: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to extend the InTO the Ravines Program until December 31, 2022. 2. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and execute an agreement with Park People on behalf of the City to implement the InTO the Ravines Program for a term expiring on December 31, 2022, renewable at the General Manager, Parks, Forestry and Recreation's sole option (and subject to annual budget approval) for up to three additional terms of one year each, expiring on December 31, 2025, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor.
RM43.7amended
City Council will review the Order Paper.
May 11, 2022: City Council adopted the May 11, 2022 Order Paper, as amended and all other Items not held on consent. May 12, 2022: City Council adopted the May 12, 2022 Order Paper.
CC43.8adopted
The purpose of this report is to seek instruction with respect to an application to alter a property that Council has stated its intention to designate, with that designation being appealed to the Ontario Land Tribunal ("OLT") along with an associated application to rezone the site. An OLT hearing has been scheduled for July 11-22, 2022.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 26, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (April 26, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (April 26, 2022) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (April 26, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council approve the alterations to the heritage property at 2 Valleyanna Drive in accordance with Section 33 of the Ontario Heritage Act to allow for alterations substantially in accordance with the plans and drawings dated December 16, 2021 prepared by Amantea Architects on file with the Senior Manager, Heritage Planning, Urban Design, City Planning and the Heritage Impact Assessment prepared by ERA Architects, dated April 11, 2022 and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning. 2. City Council direct that its consent to the application to alter the designated property at 2 Valleyanna Drive under Part IV, Section 33 of the Ontario Heritage is also subject to the following conditions: a. prior to any Ontario Land Tribunal Order issued in connection with the Zoning By-law Amendment appeal, the owner shall: 1. enter into a Heritage Easement Agreement with the City for the property at 2 Valleyanna Drive in accordance with the plans and drawings dated December 16, 2016 prepared by Amantea Architects and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, the Heritage Impact Assessment prepared by ERA Architects, dated April 11, 2022, and in accordance with the Conservation Plan required in Part 2.a.2. below, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning including registration of such agreement to the satisfaction of the City Solicitor; and 2. provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 2 Valleyanna Drive prepared by ERA Architects, dated April 11, 2022 to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; b. prior to final Site Plan Approval for the subject lands the owner shall: 1. provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Part 2.a.2 above to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; 2. have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect; 3. 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; and 4. provide an Interpretation Plan for the subject property, 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; c. prior to the issuance of any permit for all or any part of the property at 2 Valleyanna Drive, including a heritage permit or a building permit, but excluding 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, City Planning, the owner shall: 1. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 2.a.2. above, 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, Urban Design, City Planning; and 2. 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; and d. prior to the release of the Letter of Credit required in Part 2.c.2. above, 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. 3. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the property at 2 Valleyanna Drive in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning. 4. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 2 Valleyanna Drive. The balance of Confidential Attachment 1 to the report (April 26, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in Confidential Attachment 1. 2. City Council authorize the public release of the instructions in Confidential Attachment 1 if adopted by City Council, with the balance of the Confidential Attachment 1 to remain confidential as it contains advice which is subject to solicitor-client privilege.
MM43.8adopted
At its meeting on July 14, 2021, City Council adopted recommendations in the report (May 31, 2021) from the Director, Community Planning, Scarborough District approving an amendment to Zoning By-law 569-2013 to permit development of a new residential subdivision on the former David and Mary Thomson Collegiate Institute lands at 2740 Lawrence Avenue East. The development will comprise 35 detached single-family dwellings and 65 street townhouses on a new public street together with an approximately 0.25 hectare expansion to adjacent City parkland. At that time City Council also directed that the Owner enter into an Agreement with the City pursuant to Section 37 of the Planning Act before the necessary Bill was presented to City Council. Said Agreement was executed on April 1, 2022 and registered on title April 4, 2022, with the result that amending By-law 315-2022 was then introduced and enacted by City Council on April 7, 2022. It has now been determined that a slightly older draft of the proposed by-law amendment was inadvertently submitted City Council for enactment which did not accurately reflect all the development standards set out in the final Draft By-law attached to the Planning staff report as approved. In addition, through continued refinement of associated draft plan of subdivision and site plan applications for the new development over the past year, it has also been determined that one development standard relating to permitted building heights (i.e. number of storeys as determined by established grade) would also benefit from additional wording to provide greater clarity. The built form of the development has not changed. The By-law revisions required are technical in nature to correctly reflect City Council's July 2021 decision, will facilitate By-law interpretation, and would not establish any new or increased development rights. Accordingly, it would be appropriate for City Council to approve a technical amendment correcting the Zoning By-law without the added necessity for further public notice.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council enact the Zoning By-law amendment substantially in accordance with Attachment 1 to Motion MM43.8. 2. City Council determine that the revisions are minor, technical in nature, and reflective of the intent of the staff report considered by City Council in Item 2021.SC.25.2, and, pursuant to subsection 34(17) of the Planning Act, no further public notice is required in respect of the proposed amendment to the Zoning By-law.
Staff recommendation as filed
Councillor Michael Thompson, seconded by Councillor Gary Crawford, recommends that: 1. City Council enact the Zoning By-law amendment substantially in accordance with Attachment 1 to Motion MM43.8. 2. City Council determine that the revisions are minor, technical in nature, and reflective of the intent of the staff report considered by City Council in Item 2021.SC.25.2, and, pursuant to subsection 34(17) of the Planning Act, no further public notice is required in respect of the proposed amendment to the Zoning By-law.
CC43.9adopted
The Port Lands Official Plan Modification (the "Port Lands OPM" or "OPM") was first endorsed by City Council in December of 2017. Several appellants of the Central Waterfront Secondary Plan ("OPA 257" or "CWSP"), including public agencies, existing industries, and private owners with development aspirations, raised issues with the Port Lands OPM. Given the large number of parties and issues, the hearing of the Port Lands issues was planned to be phased. Land Use and Transportation issues were resolved through negotiation and settlement discussions in the first Phase of the proceedings, resulting in a Decision and Order of the Local Planning Appeal Tribunal in May of 2021. The bulk of the remaining issues were also resolved through negotiation and settlement discussions which resulted in policy modifications which will be presented to the Ontario Land Tribunal (OLT) at a settlement hearing scheduled for May 19, 2022. The purpose of this report is to seek Council direction in respect of a further modification to the Port Lands Area Specific Policies to address a concern recently raised by the Toronto District School Board/Toronto Lands Corporation (TDSB/TLC). City Planning has been involved in the preparation of this report.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (May 2, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains information that is subject to solicitor-client and settlement privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council endorse the Toronto District School Board/Toronto Lands Corporation Proposed Modification, as set out in Confidential Appendix A to Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor. 2. City Council authorize the City Solicitor and any other City staff to support the Toronto District School Board/Toronto Lands Corporation Proposed Modification Settlement Proposal at the Ontario Land Tribunal, Port Lands Official Plan Modification Hearing (Phase 2). 3. City Council authorize the City Solicitor and any other City staff to take such further actions as necessary to give effect to City Council's decision. Confidential Appendix A to the report (May 2, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client and settlement privilege. The balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in Confidential Attachment 1. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, and Confidential Appendix A to Confidential Attachment 1, once adopted by City Council. 3. City Council direct that the remainder of Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains information that is subject to solicitor-client and settlement privilege.
MM43.9adopted
At its meeting July 17, 18 and 19, 2019, through Item TE7.15 , City Council authorized staff to enter into a Section 37 Agreement with MOD Developments (Charles) Inc. and 2690799 Ontario Inc. being the owners of 55 Charles Street East ("MOD"), to secure community benefits which included the transfer of the 218 Carlton Street property ("the Property") to the City, at no cost, for use as affordable rental housing. Prior to the transfer of the Property to the City, MOD is required to complete extensive renovations and make the Property suitable for its intended use. The Property, including the cost of acquisition and renovations, was valued at $6,400,000. City Council also authorized staff to issue a Request for Proposals to select a non-profit operator to lease 218 Carlton Street from the City for a term of 50 years. Following the Request for Proposals process, at its meeting March 10, 2021, through Item PH21.3 , Ckity Council approved Native Men's Residence to lease and operate the Property to provide affordable rental housing with supports for Indigenous men for a term of 50 years. Since March 2021, MOD has undertaken extensive pre-construction work in consultation with the City and Native Men's Residence. Building permits were recently issued and it is anticipated construction could start in May and be completed by the third quarter of 2023. However, due to a required redesign of the Property following the Request for Proposals process, in order to make it suitable for Indigenous housing plus unanticipated escalations in the cost of labour and materials, a $550,000 contribution is required from the City of Toronto to ensure completion of the project. This Motion recommends City Council approval of a one-time $550,000 contribution to be provided to the owner of 55 Charles Street East, fully funded by Section 37 (Planning Act Reserve Fund) community benefits received by the City for affordable housing purposes. Approval of this Motion will ensure that 9 self-contained new affordable rental units with supports are created, providing much-needed housing opportunities for Indigenous men who are overrepresented in the City's homeless population.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council authorize the Executive Director, Housing Secretariat to provide $550,000 inclusive of Harmonized Sales Tax and disbursements, from the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to the owner of 55 Charles Street East to support the renovation of the property municipally known as 218 Carlton Street to create affordable rental housing for Indigenous men, with such amount to be fully funded from Section 37 (Planning Act Reserve Fund) community benefits received by the City for affordable housing purposes, from the development at 88 Queen Street East, 10 Mutual Street and parts of 30-50 Mutual Street (XR3026-3701156). 2. City Council increase the 2022 Approved Operating Budget for the Housing Secretariat by $550,000 gross, to be payable to the owner of 55 Charles Street East, subject to the following conditions: a. the transfer of the designated funds from XR3026-3701156 to the Capital Revolving Reserve Fund for Affordable Housing (XR1058); and b. the owner of 55 Charles Street East and the City of Toronto entering into a Section 37 amending Agreement referred to in Part 3 below, on terms and conditions satisfactory to the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat. 3. City Council authorize the Executive Director, Housing Secretariat, in consultation with the Chief Planner and Executive Director, City Planning, to negotiate, and the City Clerk and Chief Financial Officer and Treasurer, City of Toronto to execute, on behalf of the City, a Section 37 amending Agreement with the owner of 55 Charles Street East, to provide a cash contribution of $550,000 referred to in Part 1 above, to ensure completion of the 218 Carlton Street property for future operation as affordable rental housing for Indigenous men, which renovations shall be completed in advance of the conveyance of the property to the City without further payments from the City and in accordance with the Section 37 A greement, with the amending agreement to be in a form satisfactory to the City Solicitor; the agreement will include details respecting a payment schedule as follows: a. 30 percent of the contribution to be paid by the City within 30 days of signing the Section 37 amending agreement; b. 50 percent of the contribution to be paid by the City within 30 days of 50 percent completion of construction, as confirmed by a quantity surveyor; and c. 20 percent of the contribution to be paid by the City within 30 days of completion of construction.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Mike Layton, recommends that: 1. City Council authorize the Executive Director, Housing Secretariat to provide $550,000 inclusive of HST and disbursements, from the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to the owner of 55 Charles Street to support the renovation of the property municipally known as 218 Carlton Street to create affordable rental housing for Indigenous men, with such amount to be fully funded from Section 37 (Planning Act Reserve Fund) community benefits received by the City for affordable housing purposes, from the development at 88 Queen Street East, 10 Mutual Street and parts of 30-50 Mutual Street (XR3026-3701156). 2. City Council increase the 2022 Approved Operating Budget for the Housing Secretariat by $550,000 gross, to be payable to the owner of 55 Charles Street, subject to the following conditions: a. the transfer of the designated funds from XR3026-3701156 to the Capital Revolving Reserve Fund for Affordable Housing (XR1058); and b. the owner of 55 Charles Street East and the City of Toronto entering into a Section 37 amending Agreement referred to in Part 3 below, on terms and conditions satisfactory to the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat. 3. City Council authorize the Executive Director, Housing Secretariat, in consultation with the Chief Planner and Executive Director, City Planning, to negotiate, and the City Clerk and Chief Financial Officer and Treasurer, City of Toronto to execute, on behalf of the City, a Section 37 amending Agreement with the owner of 55 Charles Street East, to provide a cash contribution of $550,000 referred to in Part 1 above, to ensure completion of the 218 Carlton Street property for future operation as affordable rental housing for Indigenous men, which renovations shall be completed in advance of the conveyance of the property to the City without further payments from the City and in accordance with the Section 37 A greement, with the amending agreement to be in a form satisfactory to the City Solicitor; the agreement will include details respecting a payment schedule as follows: a. 30 percent of the contribution to be paid by the City within 30 days of signing the Section 37 amending agreement; b. 50 percent of the contribution to be paid by the City within 30 days of 50 percent completion of construction, as confirmed by a quantity surveyor; and c. 20 percent of the contribution to be paid by the City within 30 days of completion of construction.
CC43.10adopted
Format Queensway Limited Partnership (the "Applicant") is the owner of the property municipally known as 875 The Queensway (the "Subject Site"), located approximately mid-block between Plastics Avenue and Canmotor Avenue, on the south side of The Queensway. The Subject Site is currently vacant, but was previously used for a gas station and car wash. To the east of the Subject Site is an 11-storey residential building that is currently being constructed, and to the west of the Subject Site is a 1-storey commercial building. On March 22, 2021, the Applicant submitted a Zoning By-law Amendment application to amend the former City of Etobicoke Zoning Code (Site Specific Zoning By-law No. 514-2003) (the "Application") to permit the redevelopment of the Subject Site with a 14-storey mixed-use building containing 183 residential units and 185 square metres of non-residential gross floor area at grade (the "Development"). The proposed Development would have a Floor Space Index ("FSI") of 6.61 times the area of the lot and an overall Gross Floor Area ("GFA") of 13,923 square metres. A total of 159 vehicular parking spaces are proposed in a three-level below-grade garage and 138 bicycle parking spaces are also proposed on-site. On June 4, 2021, the Applicant appealed the Application to the Ontario Land Tribunal (the "OLT") due to the City's failure to make a decision within the prescribed time period set out in the Planning Act. The appeal is known as OLT File OLT-21-001071. To date, the OLT has held one case management conference on November 16, 2021. In addition to the City and the Applicant, Costco Wholesale Canada Ltd. ("Costco") is also a party to the appeal. Costco owns and operates a commercial warehouse membership club store to the south-east of the Subject Site. The appeal is currently scheduled to be heard by the OLT during a 7-day hearing on October 3 to 12, 2022. The purpose of this report is to request further instructions regarding the OLT appeal and upcoming hearing. City Planning has been consulted in the preparation of this report.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor. 3. City Council authorize the public release of Confidential Attachments 2 and 3 the report (May 2, 2022) from the City Solicitor. 4. City Council direct that the balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice Settlement Offer dated April 12, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor and as generally shown on the Revised Plans dated April 6, 2022, in Confidential Attachment 3 to the report (May 2, 2022) from the City Solicitor, subject to Parts 2 to 5 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised proposal as set out in the without prejudice Settlement Offer dated April 12, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor and as generally shown on the Revised Plans dated April 6, 2022, in Confidential Attachment 3 to the report (May 2, 2022) from the City Solicitor. 3. City Council authorize the City Solicitor to request that the Ontario Land Tribunal issue an Order containing the final form and content of the draft Official Plan and Zoning By-law Amendments to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 4. City Council require the Applicant to complete the following matters prior to the Ontario Land Tribunal hearing and, in the event that one or more of these matters has not been completed by the Applicant, City Council authorize the City Solicitor to request at the City Solicitor's discretion that the Ontario Land Tribunal withhold its final Order until such time as the Tribunal has been advised by the City Solicitor that the outstanding matters have been completed or to request that the Tribunal impose, as part of the Zoning By-law Amendment, a Holding (H) Symbol be placed on the Subject Site until such time as the outstanding matters have been completed, all to the satisfaction of the City Solicitor: a. the form and content of the draft Zoning By-law Amendment has been finalized to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, and shall include the following: i. a minimum of 10 percent of the dwelling units on the lands must be three-bedroom units and a minimum of 20 percent of the dwelling units on the lands must be two-bedrooms unit; and ii. any mitigation and/or restrictions on the proposed built form to address the accepted and peer reviewed Land Use Compatibility and Mitigation Study satisfactory to the Chief Planner and Executive Director, City Planning; b. the Applicant has provided a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary, and storm water capacity, and Storm Water Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; c. the Applicant has submitted a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services; d. the Applicant has made satisfactory arrangements with the City and has entered into the appropriate agreements for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report, Storm Water Management Report, and the Transportation Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water, and the General Manager, Transportation Services; e. the Applicant has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers Chapter 681-10, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; f. the Applicant has submitted a revised Landscape Concept Plan, Soil Volume Plan, and Tree Preservation Plan, and all tree preservation matters are resolved, all to the satisfaction of the General Manager, Parks, Forestry, and Recreation; g. both the submitted Noise and Vibration Feasibility Study and the Land Use Compatibility and Mitigation Study have been peer reviewed by third-party consultants retained by the City of Toronto at the Applicant's expense and the Applicant has secured any mitigation measures and recommendations of the peer review, including obtaining City Council's approval to identify the Subject Site as a Class 4 Property, and with the design of any required mitigation measures to be secured through the site plan application review process, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and h. the Applicant has submitted updated Wind Studies, including a wind tunnel test complete with a statistical wind analysis to determine the impacts and efficacy of the recommended wind mitigation measures, with the design and construction of any required mitigation measures to be secured through the site plan application review process, all to the satisfaction of the Chief Planner and Executive Director, City Planning. 5. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Attachments 2 and 3 the report (May 2, 2022) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council authorize public release of Confidential Attachments 2 and 3 to this report, if the confidential recommendations contained in Confidential Attachment 1 are adopted by City Council. 4. City Council direct that all other information contained in Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor, as it contains advice subject to solicitor-client privilege.
MM43.10adopted
Violence against women is a Canadian public health crisis that demands urgent action. Sadly, one in four women experience domestic violence in their lifetime; and one woman or girl is killed every other day, on average, somewhere in our country. The COVID-19 pandemic has only exacerbated the domestic violence crisis. According to the National Judicial Institute, there is no mandatory education for Judges on domestic violence. The most dangerous time for a victim of abuse is when she separates from her partner. A formal education program regarding domestic violence or coercive control and other measures proposed in Private Member's Bill C-233 would ensure another line of defense for victims, as well as preventing violence and abuse before it happens. Abuse is the attempt by one person to control another using fear, violence or intimation. Abuse is not just physical but emotional, sexual, financial and psychological. Article 19 of the United Nations Convention on the Rights of the Child clearly states that children must be protected from "all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has care of the child. As reported by the Canadian Domestic Homicide Prevention Initiative, recent separation and domestic violence are the two biggest risk factors for domestic violence related child homicides and custody disputes are an additional risk factor. Member of Parliament Anju Dhillon's Private Member's Bill C-233, "Keira's Law", seeks to amend the Criminal Code to require a justice, before making a release order in respect of an accused who is charged with an offence against their intimate partner, to consider whether it is desirable, in the interests of the safety and security of any person, to include as a condition of the order that the accused wear an electronic monitoring device. As well, it amends the Judges Act to provide for continuing education seminars for judges on matters related to intimate partner violence and coercive control. Keira's Law is named after four-year-old Keira Kagan, who was killed while in the custody of her father, in 2020. Burlington, Vaughan and Halton Region Councils have passed motions in support of this Private Member's Bill.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council support Member of Parliament Anju Dhillon's Private Member's Bill C-233, "Keira's Law" which would amend the Criminal Code and Judges Act to strengthen measures to protect women and children from domestic violence. 2. City Council request that a copy of this Motion and City Council's decision be provided to all Toronto Members of Parliament and the leaders of all political parties with Members of Parliament.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Shelley Carroll, recommends that: 1. City Council support Member of Parliament Anju Dhillon's Private Member's Bill C-233, "Keira's Law" which would amend the Criminal Code and Judges Act to strengthen measures to protect women and children from domestic violence. 2. City Council request that a copy of this Motion and City Council's decision be provided to all Toronto Members of Parliament and the leaders of all political parties with Members of Parliament.
CC43.11adopted
1124 - 1130 Islington Avenue - Development Charges - Section 20 Complaint
This report concerns an appeal to the Ontario Land Tribunal from a complaint filed pursuant to section 20 of the Development Charges Act, 1997, regarding development charge payments made by the owner in respect of building permits issued to allow the construction of new buildings at 1124, 1128 and 1130 Islington Avenue.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council authorize the City Solicitor to settle the complaint made pursuant to section 20 of the Development Charges Act, 1997 by Islington Chauncey Residences Corp., dated December 24, 2019, and its subsequent appeal to the Ontario Land Tribunal on the following terms: a. the City refund to Islington Chauncey Residences Corporation the amount of $86,622.00 in respect of development charges paid by the applicant, plus interest from the date the development charge was paid to the City until the date that such refund is issued, in accordance with the prescribed rate under the Development Charges Act, 1997;and b. upon receipt of such refund, the applicant will withdraw its appeal to the Ontario Land Tribunal of its section 20 complaint, and will inform the Tribunal that the matter has been resolved. 2. City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in support of such settlement, and to take such other action as may be necessary to give effect to such settlement. The balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. City Council authorize the public release of the recommendations set out in Confidential Attachment 1, once adopted by City Council, and that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.
MM43.11adopted
This Motion seeks to contribute $150,000 of Section 37 funds to assist General Brock Public School with the construction of a new playground. General Brock and the Community require a park that is Accessible for all and follows the Accessibility for Ontarians with Disabilities Act. The design will ensure student safety from Kindergarten to Grade 8 students. It will ensure that the public has outdoor activity and gathering spaces. It will include play structures, soccer, basketball, seating areas and pathways, shaded areas for outdoor learning and an enclosed Kindergarten outdoor learning area. The pathways will ensure accessibility to all areas of the school yard which previously have not been accessible due to the topography of the field. The funds will be forwarded to the Toronto District School Board once the Toronto District School Board has entered into a Community Access Agreement with the City governing the purpose of the funds, the financial reporting requirements and addressing community access to the improved facilities, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor, prepared in consultation with the Ward Councillor.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council increase the 2022 Approved Operating Budget for Non-Program by $150,000.00 gross, $0 net, (Cost Centre: NP2161) fully funded by Section 37 funds obtained in the development at 743 Warden Avenue, secured for community facilities in the Warden Wood Community (Source Account: XR3026-3700830), for the purpose of providing one time capital funding to the Toronto District School Board for playground improvements at General Brock Public School, subject to the Toronto District School Board entering into an acceptable Community Access Agreement with the City. 2. City Council request City staff from the Management Services Branch of Parks, Forestry and Recreation to participate in the preparation of the Community Access Agreement and City Council request the City Solicitor to draw up the Agreement, in consultation with the Ward Councillor and Community Planning staff, provided acceptable terms can be agreed upon. 3. City Council authorize the execution of a Community Access Agreement with the Toronto District School Board for the capital improvements to the playgrounds at General Brock Public School, for a term of 25 years and on such other terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor. 4. City Council direct that the funds be forwarded to the Toronto District School Board once the Toronto District School Board has signed an acceptable Community Access Agreement with the City governing the purpose of the funds, the financial reporting requirements and addressing community access to the playground facilities. 5. City Council direct that if a mutually acceptable Community Access Agreement cannot be agreed upon that the funds will not be transferred to the Toronto District School Board and shall be made available for other community facilities in the Warden Wood Community.
Staff recommendation as filed
Councillor Gary Crawford, seconded by Councillor Michael Thompson, recomends that: 1. City Council increase the 2022 Approved Operating Budget for Non-Program by $150,000.00 gross, $0 net, (Cost Centre: NP2161) fully funded by Section 37 funds obtained in the development at 743 Warden Avenue, secured for community facilities in the Warden Wood Community (Source Account: XR3026-3700830), for the purpose of providing one time capital funding to the Toronto District School Board for playground improvements at General Brock Public School, subject to the Toronto District School Board entering into an acceptable Community Access Agreement with the City. 2. City Council request City staff from the Management Services Branch of the Parks, Forestry and Recreation Division to participate in the preparation of the Community Access Agreement and City Council request the City Solicitor to draw up the Agreement, in consultation with the Ward Councillor and Community Planning staff, provided acceptable terms can be agreed upon. 3. City Council authorize the execution of a Community Access Agreement with the Toronto District School Board for the capital improvements to the playgrounds at General Brock Public School, for a term of 25 years and on such other terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor. 4. City Council direct that the funds be forwarded to the Toronto District School Board once the Toronto District School Board has signed an acceptable Community Access Agreement with the City governing the purpose of the funds, the financial reporting requirements and addressing community access to the playground facilities. 5. City Council direct that if a mutually acceptable Community Access Agreement cannot be agreed upon that the funds will not be transferred to the Toronto District School Board and shall be made available for other for community facilities in the Warden Wood Community.
CC43.12adopted
2872, 2880 and 2882 Kingston Road - Zoning By-law Amendment Application - Request for Direction
Artlife Developments (the "Applicant") is the owner of the property municipally known as 2872, 2880 and 2882 Kingston Road (the "Subject Site"). The Applicant applied for amendments to Cliffcrest Community By-law 9396 and City of Toronto Zoning By-law 569-2013 (the "Application") in order to facilitate a 10-storey mixed-use building containing 145 dwelling units and 295 square metres of ground floor commercial space with a total gross floor area of 9,437 square metres (the "Original Application"). On March 10, 2021, City Council adopted the recommendations of Community Planning staff to refuse the Applications. The Applicant appealed City Council's decision to the Ontario Land Tribunal (the "OLT"). The appeal was assigned Case No. PL210208. In its decision dated October 6, 2021, the OLT set an 8-day hearing of the appeal to commence on June 28, 2022.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor. 2. City Council authorize the public release of: a. the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor; and b. Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the settlement offer dated April 29, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor, (the "Revised Proposal") subject to Parts 2 to 5 below. 2. City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in support of the Revised Proposal as set out in the settlement offer dated April 29, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor, subject to Parts 3 and 4 below. 3. City Council instruct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal hearing to request that a holding provision (H) be included in the final form of the Zoning By-law, to be lifted at such time that the following conditions have been fulfilled to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water: i. the owner shall submit a revised Functional Servicing Report demonstrating sufficient capacity to accommodate the servicing demand for this development, to the satisfaction of the Executive Director, Engineering and Construction Services; and ii. the owner shall enter agreement(s) for the construction of any improvements to existing municipal infrastructure, as required, to the satisfaction of the Executive Director, Engineering and Construction Services. 4. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until such time as: a. the Ontario Land Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the Director, Community Planning, Scarborough District and the City Solicitor; and b. the City Solicitor confirms that the owner has at its sole expense provided a Stormwater Management Stage 1 Report, a Hydrogeological Report and Summary Forms for each report, acceptable to the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water. 5. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision. Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. If the confidential recommendations in Confidential Attachment 1 are adopted by City Council, City Council authorize the public release of: a. the confidential recommendations in Confidential Attachment 1, but that the remainder of Confidential Attachment 1 remain confidential as it contains advice which is subject to solicitor-client privilege; and b. Confidential Attachment 2.
MM43.12adopted
The prohibition of driveway parking of commercial vehicles in residential neighbourhoods is creating an unforeseen problem for some residents. The zoning restrictions fail to take into account the special needs of residents whose work requires them to be on-call around-the-clock to provide rapid emergency services using a company van or other commercially licensed vehicle. Examples of employers providing 24-hour service include hydro and natural gas utilities, property management firms, fire alarm services and elevator repair companies among others. To facilitate an immediate emergency service response, service workers in these companies are often required to park a company service vehicle at home. These workers need driveway parking for company vehicles that is easily accessible and unblocked by other vehicles at their residence. Current zoning bylaws only permit the parking of commercially-plated vehicles inside of residential garages.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Municipal Licensing and Standards, to review zoning regulations that restrict outdoor parking of commercially licensed vehicles on private property in residential areas, with consideration for the need for vehicle operators to have convenient parking for commercial vehicles available near their residence, and to report to the Planning and Housing Committee on the outcome of the review with any appropriate recommendations for zoning by-law amendments.
Staff recommendation as filed
Councillor Michael Thompson, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Municipal Licensing and Standards, to review zoning regulations that restrict outdoor parking of commercially licensed vehicles on private property in residential areas, with consideration for the need for vehicle operators to have convenient parking for commercial vehicles available near their residence, and to report to the Planning and Housing Committee on the outcome of the review with any appropriate recommendations for zoning by-law amendments.
CC43.13adopted
1221 Markham Road - Minor Variance and Site Plan Control Appeals - Request for Further Direction
On April 21, 2011 the former Ontario Municipal Board issued a decision approving the Zoning By-law Amendment for the property municipally known as 1221 Markham (the "Site"). Pursuant to the approved Zoning By-law Amendment, the Apartment (A) zoning on the Site continues to be regulated under the former City of Scarborough Woburn Community Zoning By-law No. 9510, as amended. The Zoning By-law Amendment established new development permissions for 733 dwelling units in three apartment towers and 62,165 square metres of overall gross floor area density in return for the owner providing, prior to the first building permit for any phase of the development, $440,000 toward community benefits under Section 37 of the Planning Act. Of this amount $240,000 was allocated toward improvements to Woburn Park, and $200,000.00 allocated toward improvements to the Scarborough Animal Shelter and/or streetscape improvements to public roads in the vicinity of the site. As there was no draft plan of subdivision application involved, the requirement for the owner to construct and convey a new public street along the south and east portions of the Site, as identified through the 2009 Markham-Ellesmere Revitalization Study, was also secured through the Section 37 Agreement as a legal convenience. The original owner did not proceed with the redevelopment on the Site. In July 2020 the new owner submitted a significantly more comprehensive Site Plan Control application (20 171710 ESC 24 SA) (the "Site Plan Control Application") for a similar three tower development. Through the review process it became apparent that zoning relief would be required to accommodate the more detailed site plan and building designs now proposed. The proposed Site Plan includes additional 146 dwelling units (totalling 879 units) and 13,595 square metres of additional density (totalling 75,760 square metres), along with a number of height variances. Additionally the new owner is seeking a revision to the registered Section 37 Agreement to adjust the timing obligations for the construction of the new public street and its conveyance to the City. In October 2021 the owner submitted a minor variance application (Application 21 228990 ESC 24 MV (A0347/21SC)) (the "Minor Variance Application") to secure a total of 28 variances, some by necessity replicating similar variances to development standards specific to each of the three buildings. Planning staff concluded that the matter should be presented to City Council for consideration, having regard for the number of variances, the increase in the unit count and density, as well as the proposed amendments to the registered Section 37 Agreement in order to secure design, construction and conveyance of the new public road. Accordingly, Planning staff recommended that the Committee of Adjustment refuse the Minor Variance Application. At its hearing on December 8, 2021, the Committee of Adjustment refused the Minor Variance Application. On December 13, 2021 the owner appealed the Site Plan Control Application to the Ontario Land Tribunal (the "OLT"), citing the City's failure to approve the Site Plan within 30 days of its submission, as provided in section 114 of the City of Toronto Act, 2006. On December 14, 2021, the owner also appealed the Committee of Adjustment's decision on the Minor Variance Application to the OLT, requesting that the two appeals be consolidated for a joint hearing. On April 28, 2022 the OLT held the first Case Management Conference in these appeals. The second Case Management Conference is currently scheduled to take place on June 21, 2022. The purpose of this report is to request further instructions in advance of the second Case Management Conference. City Planning has been involved in the preparation of this report.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council authorize the City to enter into an amending Section 37 Agreement for the lands known as 1221 Markham Road to secure the following matters, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor: a. a total cash contribution of $1,420,000, in lieu of the originally secured $440,000, to be allocated towards community facilities in the Woburn Community at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; b. the cash contribution referred to in Part 1.a. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the amending Section 37 Agreement to the date of payment; c. in the event the cash contributions referred to in Part 1.a. above have not been used for the determined purpose within three (3) years of the date of the amending Section 37 Agreement, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands; and d. the design, construction and conveyance of the public roads, subject to the requirement that prior to the issuance of any above-grade building permit for the proposed redevelopment of the Site: i. the roads be substantially completed to base asphalt; ii. the roads be conveyed to the City; and iii. services be accepted by the City, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. 2. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. The balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor if the confidential recommendations in Confidential Attachment 1 are adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM43.13adopted
Residents deserve to have a say in how our communities change. There is an established planning process that involves the review of development applications by City staff, which is followed by a community consultation meeting, before a final report is presented to City Council. Recent changes to the Ontario Planning Act have placed more pressure on the City of Toronto to review development applications faster. Recently, there have been situations where some developers have appealed their applications to the Ontario Land Tribunal before a community meeting has been held. Once a development application has been appealed to the Ontario Land Tribunal, there is no longer a legislated requirement for a community meeting. Resident input provides a crucial perspective on the impacts that these developments will have on the established local community. By immediately appealing their application at the first chance, developers are taking away the opportunity for residents to have their concerns about height, density, traffic, parking, affordable housing, infrastructure, shadowing, parks, etc., communicated directly to the developer through the community meeting. These actions signal that some developers are not interested in listening to resident feedback and are treating our community as nothing more than red tape. By circumventing the community meeting, these developers are cutting our community out of the development process. This Motion seeks to protect community input in the planning process by continuing to require a community meeting when a development application has been appealed for non-decision. This will help keep our communities informed of the details of a development application and would give them the information they need to decide if they want to participate in the appeal process.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council request the Province of Ontario to amend the Planning Act or Ontario Land Tribunal Act to require any applicant who appeals a planning application for lack of decision to hold a community consultation meeting with City Planning and the local City Councillor, at the applicant's expense prior to the first Case Management Conference at the Ontario Land Tribunal, to ensure that members of the public are aware of the details of the development in order to consider whether they wish to participate in the Ontario Land Tribunal proceedings.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Councillor Anthony Perruzza, recommends that: 1. City Council request the Province of Ontario to amend the Planning Act or Ontario Land Tribunal Act to require any applicant who appeals a planning application for lack of decision to hold a community consultation meeting with City Planning and the local City Councillor, at the applicant's expense prior to the first Case Management Conference at the Ontario Land Tribunal, to ensure that members of the public are aware of the details of the development in order to consider whether they wish to participate in the Ontario Land Tribunal proceedings.
CC43.14amended
King-Spadina Secondary Plan - City-initiated Official Plan Amendment - Request for Directions
On January 29, 2020, City Council adopted Official Plan Amendment 486, which amended the existing Chapter 6, Section 16, King-Spadina Secondary Plan of the Official Plan. The Secondary Plan was subsequently appealed to the Ontario Land Tribunal (the "OLT") by 46 appellants. On December 15-17, 2021, City Council provided directions to the City Solicitor regarding the appeals of OPA 486. The purpose of this report is to request further instructions in this matter which is the subject of an appeal to the OLT.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (May 10, 2022) from the City Solicitor. 2. City Council direct that Confidential Attachment 1 and Confidential Appendix A to the supplementary report (May 10, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor. 3. City Council direct that Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor. Confidential Attachment 1 and Confidential Appendix A to the supplementary report (May 10, 2022) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contains advice that are subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendix A to the supplementary report (May 10, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council direct that all information contained in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM43.14adopted
City Council has previously authorized a parkland dedication from the development at 840-860 Dupont Street and as the site proceeds to the next stage, City Council has the opportunity to accept a portion of these lands. The parkland dedication is approximately 700 square metres and being built as part of a residential development project in just north of Christie Pits. The City is planning to engage local residents and community members to help determine the park design in the months ahead. Parks Development and Capital Projects has additionally suggested approving a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the new park and will contribute to seeing this park being made available to the public, and future tenants as quickly as possible.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council approve the acceptance of on-site parkland dedication as previously authorized in Item 2016.CC17.1 adopted by City Council on March 31 and April 1, 2016 for the lands municipally known as 840-860 Dupont Street, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks and such other encumbrances, if any, where such encumbrances are deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such encumbrances will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management. 2. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the new park to be dedicated on the southwest corner of the site at 840-860 Dupont Street, all to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of the Development Charges payable for the development in accordance with the City's Development Charges By-law, may be amended from time to time.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Ana Bailão, recommends that: 1. City Council approve the acceptance of on-site parkland dedication as previously authorized in Item 2016.CC17.1 adopted by City Council on March 31 and April 1, 2016 for the lands municipally known as 840-860 Dupont Street, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks and such other encumbrances, if any, where such encumbrances are deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such encumbrances will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management. 2. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the new park to be dedicated on the southwest corner of the site at 840-860 Dupont Street, all to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of the Development Charges payable for the development in accordance with the City's Development Charges By-law, may be amended from time to time.
CC43.15adopted
On September 22, 2011, City Council adopted Official Plan Amendment 144 (through By-law 1168-2011) ("OPA 144"). OPA 144 was the result of the St. Clair West Avenue Study for the segment west of Keele Street/Weston Road to Scarlett Road, which was undertaken by City staff between 2009 and 2011. The effect of OPA 144 was to redesignate the lands on both the north and south sides of St. Clair Avenue to Mixed Use Areas. At the same meeting, City Council also passed corresponding Zoning By-law 1169-2011 and 1170-2011, which made amendments to parent Zoning By-law 438-86 to implement the direction of the OPA 144. OPA 144 and the implementing by-laws were appealed to the then-Ontario Municipal Board (now, the Ontario Land Tribunal) (the "Tribunal") by four landowners. On July 15, 2016, the Tribunal issued an Order bringing By-law 1169-2011, and portions of OPA 144 into force for the lands west of Runnymede Road, without prejudice to the continuation of the appeals of OPA 144 east of Runnymede Road. A copy of OPA 144 (By-law 1168-2011) can be found at the following link: http://www.toronto.ca/legdocs/bylaws/2011/law1168.pdf A copy of Zoning By-law 1169-2011 can be found at the following link: http://www.toronto.ca/legdocs/bylaws/2011/law1169.pdf A copy of Zoning By-law 1170-2011 can be found at the following link: https://www.toronto.ca/legdocs/bylaws/2011/law1170.pdf The purpose of this report is to provide an update to City Council on the status of the Tribunal proceeding and request further instructions. City Planning has been involved in the preparation of this report.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments A and B to the report (May 2, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor. The confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council authorize the City Solicitor to request the Ontario Land Tribunal to allow the appeals in part, and modify and approve Official Plan Amendment 144, substantially in accordance with Confidential Attachment B to the report (May 2, 2022) from the City Solicitor. 2. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Attachments A and B to the report (May 2, 2022) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that is subject to solicitor-client privilege and information regarding potential litigation. The balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 and Confidential Attachments A and B, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 are to remain confidential at the discretion of the City Solicitor.
MM43.15adopted
Blackhurst Cultural Centre will be a purpose-built cultural centre led by A Different Booklist Cultural Centre, in partnership with the City of Toronto. Blackhurst Cultural Centre will provide permanent, affordable, accessible space for Black artistic and cultural production in Toronto. Blackhurst Cultural Centre will provide opportunities to experience the rich culture and history of Canadians of African and Caribbean ancestry, as a bookstore, non-profit hub and destination. The City is committed to supporting the future of this important Black cultural centre. Economic Development and Culture is leading an inter-divisional team to assist A Different Booklist Cultural Centre with navigating City planning, heritage, building, funding and legal processes. In December 2021, City Council authorized the Executive Director, Corporate Real Estate Management to negotiate and enter into a 49-year below-market rent lease agreement between the City and Blackhurst Cultural Centre, in respect of 756 Bathurst Street. The scope of capital improvements has been substantially adjusted since the inception of the project. The project scope will now include the complete demolition of the existing building, and removal of the heritage facade through panelization, preservation and reincorporation into the final building design as part of an entirely new building. Providing additional fee relief for the Blackhurst Cultural Centre supports goals of the Toronto Action Plan to Confront Anti-Black Racism, including supporting Black arts and culture, and leveraging City spaces to create a Black community hub in partnership with Black service providers.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council waive site plan fees in connection with the development and construction of the new cultural centre at 756 Bathurst Street, and authorize the waiver of any other City fees and charges set out in the tariff of fees in the Municipal Code Chapter 441 that may be waived by authority of City Council, and that would otherwise be payable by Blackhurst Cultural Centre to the City.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Gord Perks, recommends that: 1. City Council waive site plan fees in connection with the development and construction of the new cultural centre at 756 Bathurst Street, and authorize the waiver of any other City fees and charges set out in the tariff of fees in the Municipal Code Chapter 441 that may be waived by authority of City Council, and that would otherwise be payable by Blackhurst Cultural Centre to the City.
CC43.16adopted
2498703 Ontario Inc., 2498704 Ontario Inc., 60 Eglinton West Limited, and 90 Eglinton Avenue West Limited (the "Applicant" or "Madison") are the owner of the properties municipally known as 50, 60 and 90 Eglinton Avenue West and 17 to 19 Henning Avenue (the "Subject Site"), occupying the block between Duplex Avenue and Henning Avenue and fronting onto Eglinton Avenue West. The Subject Site is one block west of the intersection of Yonge Street and Eglinton Avenue. The Subject Site is currently occupied by a former-Toronto Hydro heritage building at 50 Eglinton Avenue West, a vacant 3-storey hydro depot building at 60 Eglinton Avenue West, a 6-storey office building with one level of underground parking at 90 Eglinton Avenue West, and two 2-storey semi-detached dwellings at 17 and 19 Henning Avenue. North of the Subject Site are predominantly residential Neighbourhoods designated lands. East of the site is the Yonge-Eglinton Centre and the Yonge Street and Eglinton Avenue intersection. South of the Subject Property is a 4-storey building housing the Toronto Police Services headquarters for 53 Division. Finally, west of the Subject Site along Eglinton Avenue West are various office buildings and residential apartment buildings ranging from 4-storeys to 13-storeys and Eglinton Park. The Subject Site is a consolidation of two previously separate development sites: 90 Eglinton Avenue West and 17 and 19 Henning Avenue ("90 Eglinton") and 50 and 60 Eglinton Avenue West ("50-60 Eglinton"). Both 90 Eglinton and 50-60 Eglington have existing development approvals. In 2017, City Council approved official plan and zoning by-law amendment applications for 90 Eglinton to permit the development of a 24-storey mixed-use building. As part of the 90 Eglinton approval, an indexed Section 37 contribution of $1,000,000 was required to be provided by the owner to the City for the purpose of improvements to Eglinton Park. In addition, the developer agreed to provide an off-site parkland dedication at 61 Montgomery Avenue to satisfy its parkland contribution requirements. The 90 Eglinton approvals are in-force as site-specific by-laws 824-2017, 825-2017, and 826-2017. In 2019, the Local Planning Appeal Tribunal (the "LPAT", now continuing as the Ontario Land Tribunal "OLT") approved a settlement regarding a zoning by-law amendment application for 50-60 Eglinton to permit the development of a 32-storey mixed-use building with a 2-3 storey base podium element. The 50-60 Eglinton settlement included a conservation strategy for the Toronto Hydro heritage building at 50 Eglinton Avenue West that included the provision of a minimum 3 metre wide double height walkway/colonnade within the existing building along Eglinton Avenue West and Duplex Avenue. As part of the 50-60 Eglinton approval, an indexed Section 37 contribution of $2,500,000 was required to be provided by the owner to the City. The Section 37 contribution was intended to be allocated as follows: $1,500,000 to public realm improvements in the previous Ward 16 (now Ward 8) and $1,000,000 to local park improvements in Ward 16 (now Ward 8), including Eglinton Park. In addition, the developer agreed to provide an off-site parkland dedication at 58 Helendale Avenue and an indexed cash-in-lieu contribution of $900,000 to satisfy its parkland contribution requirements. The LPAT withheld its final order pending the completion of certain pre-approval conditions to the satisfaction of the City. The conditions have not been completed at this time. The Applicant has now consolidated 90 Eglinton and 50-60 Eglinton under single ownership. On December 15, 2020 the Applicant submitted a revised zoning by-law amendment application (the "Application") for the entire consolidated Subject Site. The new development proposes two residential towers of 34 storeys (west tower at 90 Eglinton) and 39 storeys (east tower at 50-60 Eglinton) (the "Development"). The towers are joined by a combined 4-storey podium building containing retail and office uses. The Development includes 688 residential units and a total gross floor area ("GFA") of 54,806 square metres, comprised of 47,809 square metre or residential uses, 2,919 square metres of retail uses, and 4,078 square metres of office uses. The proposed FSI is 13.73 times the area of the lot. A total of 292 parking spaces would be provided within the new proposal, consisting of 204 residential spaces and 88 shared visitor/office/retail spaces. A total of 727 bicycle parking spaces are also proposed. Vehicular access to the Subject Site is proposed from Henning Avenue and Duplex Avenue by way of an east-west private lane running along the north end of the site. The lane will provide access to the vehicular entrance to the below grade parking levels and the loading spaces. One Type 'B', two Type 'C', and one Type 'G' loading space would be provided. A total of 2,786 square metres (4.05 square metres per unit) of amenity space is being proposed. A total of 1,502 square metres (2.18 square metres per unit) of indoor amenity space is included in the Development, of which 1,343 square metres would be located on the fourth storey adjacent to the outdoor amenity area and 132 square metres would be located on the fifth storey. A total of 1,284 square metres (1.87 square metres per unit) of outdoor amenity space is proposed on the fourth storey adjacent to the indoor amenity space. The Consolidated Application proposes to remove the pedestrian colonnade along the south and east walls of the designated heritage building at 50 Eglinton Avenue West. The colonnade has been replaced with additional retail GFA. On March 17, 2021, the Applicant appealed the Application to the LPAT, now the OLT, due to the City's failure to make a decision within the prescribed time period set out in the Planning Act. The appeal is known as OLT File PL210193. To date, the OLT has held one case management conference on September 1, 2021. In addition to the City and the Applicant, the Eglinton Park Residents' Association ("EPRA") is also a party to the appeal. The appeal is currently scheduled to be heard by the OLT during a 12-day hearing on August 8 to 23, 2022. The City, Applicant, and EPRA attended formal mediation regarding the OLT appeal on November 3 and December 6, 2022. The purpose of this report is to request further instructions regarding the OLT appeal and upcoming hearing. City Planning has been involved in the preparation of this report.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor. 3. City Council authorize public release of Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor. 4. City Council direct that the balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice Settlement Offer dated April 27, 2022 and as generally shown on the Revised Plans dated March 23, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor, subject to Parts 2 to 8 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised proposal as set out in the without prejudice Settlement Offer dated April 27, 2022 and as generally shown on the Revised Plans dated March 23, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor. 3. City Council accept an off-site parkland dedication of the properties at 61 Montgomery Avenue and 58 Helendale Avenue as well as an indexed cash-in-lieu contribution of $900,000.00 payable upon the issuance of the first above grade building permit in satisfaction of the Applicant's required parkland contribution pursuant to Section 42 of the Planning Act, with the location and configuration of the off-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor; the off-site parkland to be transferred to the City shall be free and clear, above and below grade, of all easements, encumbrances, and encroachments and is to be conveyed to the City prior to the issuance of the first above-grade building permit to the satisfaction of the General Manager, Parks, Forestry, and Recreation and the City Solicitor. 4. City Council approve a development charge credit, if applicable, against the Parks and Recreation component of the development charges for the design and construction by the Applicant of above base park improvements to the satisfaction of the General Manager, Parks, Forestry, and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Applicant of designing and constructing the above base park improvements, as approved by the General Manager, Parks, Forestry, and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 5. City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. an indexed cash contribution of $4,750,000 to be paid by the Application prior to the issuance of the first above-grade building permit for the proposed development, to be allocated as follows, all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor: a. $2,000,000 to be used for improvements to local park improvements in Ward 8, including Eglinton Park; b. $1,500,000 to be used for public realm improvements in Ward 8 in the Yonge Eglinton Secondary Plan area; and c. $1,250,000 to be used for local area improvements in the vicinity of the Subject Site; and ii. in the event that the cash contribution in Part 5.a.i. above has not been used for the intended purpose within two (2) years of the Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor, provided that the purpose is identified in the Toronto Official Plan or the Yonge Eglinton Secondary Plan and will benefit the community in the vicinity of the Subject Site; and b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. the conveyance by the Applicant to the City of the off-site parkland dedication as referenced in Part 3 above, as well as the above-base improvements for such off-site parkland and the related development charge credit referenced in Part 4 above, if applicable, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Parks, Forestry, and Recreation, and the City Solicitor; ii. streetscape improvements by the Applicant on Duplex Avenue, including a sidewalk widening of approximately 3 metres at the intersection of Eglinton Avenue West and Duplex Avenue, and additional above-base streetscape and landscaping treatments adjacent and in the vicinity of the Subject Site to be provided at the Applicant's sole cost, all to the satisfaction of the Chief Planner and Executive Director, City Planning; iii. the conservation of the designated heritage former Toronto Hydro building at 50 Eglinton Avenue West, substantially in accordance with the description in the without prejudice Settlement Offer dated April 27, 2022 and as generally shown on the Revised Plans dated March 23, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor, to be provided by the Applicant at the Applicant's sole cost, and the provision of a minimum 3 metres wide double height publicly accessible walkway/colonnade along Duplex Avenue, to the satisfaction of the Senior Manager, Heritage Planning, and that the Applicant enter into any required agreements securing these features, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and iv. the Applicant shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a public access easements over the east-west driveway connection running along the northern boundary of the Subject Site and connecting Duplex Avenue and Henning Avenue as generally shown on the Revised Plans dated March 23, 2022, in Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor and having a minimum depth of not less than 7 metres wide for the driveway connection; the specific size, location, configuration, and design of the public access connection shall be determined through the Site Plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, North York District; the Applicant shall own, operate, maintain, and repair the area of the public access easement, all at the Applicant's own expense. 6. City Council authorize the City Solicitor to request the Ontario Land Tribunal to issue an Order containing the following: a. the final form and content of the draft Zoning By-law Amendment to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and b. direction that the applicable community benefits and other matters in support of the development identified in Part 5 above, are to be secured in a Section 37 Agreement executed by the Applicant and the City and registered on title to the Subject Site, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 7. City Council require the Applicant to complete the following matters prior to the Ontario Land Tribunal hearing and, in the event that one or more of these matters has not been completed by the Applicant, City Council authorize the City Solicitor to request at the City Solicitor's discretion that the Ontario Land Tribunal withhold its final Order until such time as the Tribunal has been advised by the City Solicitor that the outstanding matters have been completed or to request that the Tribunal impose as part of the Zoning By-law Amendment a Holding (H) Symbol be placed on the Subject Site until such time as the outstanding matters have been completed, all to the satisfaction of the City Solicitor: a. the Applicant has provided a revised Functional Servicing Report, Storm Water Management Report, and Hydrogeological Report addressing the outstanding issues in the Engineering and Construction Services' Memorandum dated March 18, 2021, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; b. the Applicant has submitted a revised Transportation Impact Study, Parking and Loading Study, and Waste Management Study, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services; and c. the Applicant has made satisfactory arrangements with the City and has entered into the appropriate agreements for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report, Storm Water Management Report, and the Transportation Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water, and the General Manager, Transportation Services. 8. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Attachment 2 to the report (May 2, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council authorize public release of Confidential Attachment 2 to this report, if the confidential recommendations contained in Confidential Attachment 1 are adopted by City Council. 4. City Council direct that all other information contained in Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor, as it contains advice subject to solicitor-client privilege.
MM43.16adopted
This Motion seeks authorization to release $4,250 in Section 37 funds to Heritage Toronto for the creation and installation of a heritage plaque to recognize Donald Willard Moore. Donald Willard Moore (1891-1994) was a leader in Toronto's Black community and a civil rights activist who fought to change Canada's exclusionary immigration laws. Born in Barbados, Donald Moore came to Toronto via New York City and Montreal. He worked for the Canadian Pacific Railway as a sleeping car porter, which brought him to Toronto. Travel across Canada by train could take up to four days and three nights. Sleeping car porters, based in downtown Toronto, prepared passenger cars for travel and served passengers during the journey. Black men were preferred for sleeping car porter jobs because of their long history in domestic service to whites. Porters working for Canadian railways came from Black communities in Canada, but were also recruited directly from the United States and the Caribbean. After leaving the sleeping car porters, Donald Moore became a tailor and the owner of Occidental Cleaners and Dyers, located at 318 Spadina Avenue. The store became an important meeting place for the Caribbean community. The Toronto branch of Marcus Garvey's Universal Negro Improvement Association was established there, as well as the West Indian and Progressive Association and the West Indian Trading Association. The Universal Negro Improvement Association later found a permanent home at 355 College Street. In 1951, Donald Moore founded what became known as the Negro Citizenship Association. The group challenged systemic racism in Canada's immigration laws that limited Black Caribbean migrants legally entering the country. In 1954, Donald Moore and members of the Negro Citizenship Association led a delegation to Ottawa to propose reforms to the government. The delegation brought attention to the unjust law and resulted in a historic relaxation of immigration rules, allowing Black Caribbean workers to work in Canada and apply for permanent residency. Later in life, Donald Moore established the Donavalon Centre at 20 Cecil Street. Recognizing his lifetime of work, Moore received many awards, including the City of Toronto Award of Merit in 1982, the Order of Ontario in 1988, and the Order of Canada in 1990. This plaque will replace a previous plaque for Donald Willard Moore erected by the City of Toronto's Culture Division that was recently stolen from its location at 20 Cecil Street.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council increase the 2022 Approved Operating Budget for Heritage Toronto on a one-time basis by $4,250.00 gross, $0 net, fully funded by Section 37 community benefits obtained from the development at 297 College Street, secured for streetscape improvements (Source Account: XR3026- 3700586), for the production and installation of a heritage plaque to recognize Donald Willard Moore (Cost Centre: HG0001).
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Gord Perks, recommends that: 1. City Council increase the 2022 Approved Operating Budget for Heritage Toronto on a one-time basis by $4,250.00 gross, $0 net, fully funded by Section 37 community benefits obtained from the development at 297 College Street, secured for streetscape improvements (Source Account: XR3026- 3700586), for the production and installation of a heritage plaque to recognize Donald Willard Moore (Cost Centre: HG0001).
CC43.17adopted
On November 17, 2017 TAS Tecumseth Niagara GP Inc. (the "Applicant") submitted Official Plan and Zoning By-law amendment applications (Application 17 264041 STE 19 OZ) (the "Applications") for the lands at 2 Tecumseth Street and 125 - 133 Niagara Street (the "Site"). The Applications proposed a 4-building mixed use development on the Site. The Applicant appealed the Applications to the Ontario Land Tribunal (the "Tribunal"), citing City Council's failure to make a decision within the time prescribed by the Planning Act. On July 5, 2019, the Applicant submitted a with prejudice offer to the City, attached to the City Solicitor's Report (May 2, 2022) as Public Attachment 1 (the "Original Settlement Offer"). On October 2, 2019 City Council approved the revised plans and authorized the City Solicitor and City staff to attend the Ontario Land Tribunal (the "Tribunal") in support of the revised proposal. On January 16, 2020 the City and the Applicant provided uncontested evidence to the Tribunal in support of the revised proposal. On February 21, 2020 the Tribunal issued an interim order approving the revised proposal in principle, pending the fulfilment of several conditions, including preparing the final form of the Zoning By-law amendment and entering into a Section 37 Agreement to secure community benefits and matters of legal convenience. On April 26, 2022 the Applicant submitted to the City a with prejudice letter, attached hereto as Public Attachment 2, proposing further revisions and refinements to the Original Settlement Offer accepted by Council and conditionally approved by the Tribunal (the "Revised Settlement Offer"). The purpose of this report is to request further instructions with respect of the Zoning By-law Amendment and the Revised Settlement Offer.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor. 3. City Council authorize the public release of the Financial Impact section in Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor. 4. City Council direct that the balance of Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the with prejudice revised settlement offer, attached to the report (May 3, 2022) from the City Solicitor as Public Attachment 2 (the "Revised Settlement Offer"), in respect of the appeal of the Zoning By-law Amendment application (Application 264041 STE 19 OZ). 2. City Council direct the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to request the Ontario Land Tribunal to revise the conditionally approved Zoning By-law amendment by including the following permissions, subject to Part 3 below: a. increase the permitted gross floor area from 89,671 square metres to 92,600 square metres; and b. permit the use of a District Energy Facility. 3. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) for the development until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the owner has entered into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, securing as a matter of legal convenience the design and construction of a District Energy Facility on the subject site, with the precise location and other details to be secured through an application for Site Plan Control approval; b. the owner has entered into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning, the Executive Director, Housing Secretariat, and the City Solicitor, securing 26 affordable rental housing units as a community benefit in accordance with the terms of the with prejudice letter, including: i. no more than 18 one-bedroom units with an average unit size of 500 square metres; ii. at least six two-bedroom units with an average unit size of 725 square metres; iii. at least two three-bedroom units with an average unit size of 875 square metres; iv. maximum rents based on 80 percent of average market rent; and v. an affordability period of 40 years. 4. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision, including, but not limited to, requesting the Ontario Land Tribunal to modify its decision and conditions for the issuance of the final order in accordance with City Council's decision and, where appropriate, to request the issuance of any Order(s) for the development prior to the owner entering into any agreements referenced in Part 3 above. 5. City Council authorize 26 affordable rental units to be eligible for waivers of fees for planning application, building permit, parkland dedication and development charges exemptions on the lands known as 2 Tecumseth Street and 125-133 Niagara Street through the Open Door Affordable Rental Housing Program. 6. City Council authorize an exemption from taxation for municipal and school purposes for 40 years, for the 26 affordable rental units to be located on the lands known as 2 Tecumseth Street and 125-133 Niagara Street through the Open Door Affordable Rental Housing Program. 7. City Council authorize the Executive Director, Housing Secretariat to negotiate and enter into, on behalf of the City, a municipal housing project facility agreement (the "Contribution Agreement") with the owner for the development of the affordable housing to be constructed on the lands known as 2 Tecumseth Street and 125-133 Niagara Street, to secure the financial assistance being provided and to set out the terms of the operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat and in a form approved by the City Solicitor. 8. City Council authorize City staff to cancel or refund any taxes paid after the effective date of the exemption from taxation for municipal and school purposes as set out in the Contribution Agreement. 9. City Council authorize the Executive Director, Housing Secretariat to execute, on behalf of the City, any security or financing documents required by the owner to secure construction and conventional financing and subsequent refinancing, including any postponement, tripartite, confirmation of status, discharge or consent documents of any City security documents where and when required during the term of the municipal housing facility agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by City Council. 10. City Council direct that in all other respects the City Council decision of October 2, 2019 in Item TE8.17 and the accepted terms of the original settlement offer, dated July 5, 2019, attached to the report (May 3, 2022) from the City Solicitor as Public Attachment 1 (the "Original Settlement Offer"), shall mutatis mutandis apply to the Revised Settlement Offer. The Financial Impact Section in Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor if the confidential recommendations in Confidential Attachment 1 are adopted by City Council. 3. City Council authorize the public release of the Financial Impact section contained in the Confidential Attachment 1 to the report from the City Solicitor (May 3, 2022) if the confidential recommendations in Confidential Attachment 1 are adopted by City Council. 4. City Council direct that all other information contained in Confidential Attachment 1 to the report from the City Solicitor (May 3, 2022) is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM43.17adopted
This Motion seeks authorization to release $7,500 in Section 37 funds to Heritage Toronto for the creation and installation of a heritage plaque to recognize Dr. Anderson Abbott. Anderson Ruffin Abbott (1837-1913) was the first Canadian-born Black doctor. He was also an educator, journalist, hospital administrator, coroner and poet. Born in Toronto, Abbott was the son of free Black property owners Wilson Ruffin and Ellen Abbott, who left Alabama after their store was ransacked in 1834. In Toronto, Wilson began to acquire land and buildings, and by 1871 he owned 48 properties and became active in politics. Anderson Abbott studied at University College in Toronto in 1858 and 1859 and apprenticed under Dr. Alexander Augusta, the first Black person licensed to practice medicine in Canada. Abbott attended the School of Medicine in Toronto and received his medical license in 1862. In 1863, Dr. Anderson Abbott attempted to enlist as a surgeon in the Union army in the American Civil War. At first rejected, he reapplied to be a medical cadet in an all-Black regiment and was accepted. Between 1863 and 1865, he served in Washington, DC. He received numerous commendations for his service and became popular in Washington society. He and Dr. Augusta were two of eight Black physicians to serve in the Union army during the American Civil War. The pair were close friends from their time together in Toronto and they caused a stir when they attended a public event together at the White House in February 1864. At the time, Black people were an extremely rare - and still controversial - sight in the White House. The pair were briefly introduced to President Abraham Lincoln and First Lady Mary Todd Lincoln and attended a small reception. Dr. Abbott would later recall feeling that they couldn't have "created more surprise if we had been dropped down upon [the guests] through the skylight." Following the end of the Civil War in 1865, Abbott left the military and returned to Canada where he was admitted to the College of Physicians and Surgeons of Ontario in 1869. He married Mary Ann Casey in 1871, the daughter of a successful Black barber. They moved to Chatham, where he was appointed Kent County Coroner in 1874, the first Black person to hold that position. As president of the Wilberforce Educational Institute from 1873 to 1880, he fought against racially segregated schools in Canada. Dr. Abbott was a contributor to various journals and in 1878 he was made president of the Chatham Literary and Debating Society and the Chatham Medical Society. In 1894, he returned to the US, where he became Surgeon-in-Chief at Provident Hospital in Chicago, Illinois, which had been established in 1892 as the first Black-owned hospital in the country and a training school for Black nurses. He returned to Toronto, where he resumed private practice and increasingly dedicated himself to writing editorials and articles for newspapers and magazines. His subjects included Black history, the Civil War, Darwinism, biology, poetry and medicine. Anderson Abbott died in 1913, having broken barriers in the medical field and advocated for racial equality in education. He was an active community leader and prominent member of Toronto's and Ontario's Black community. His achievements are all the more impressive considering they happened in a time when opportunities for social, political and economic advancement were denied to many Black Canadians. He is buried in the Toronto Necropolis.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council increase the 2022 Approved Operating Budget for Heritage Toronto on a one-time basis by $7,500.00 gross, $0 net, fully funded by Section 37 community benefits obtained from the development at 297 College Street, secured for streetscape improvements (Source Account: XR3026-3700586), for the production and installation of a heritage plaque to recognize Dr. Anderson Abbott (Cost Centre: HG0001).
Staff recommendation as filed
Councillor Mike Layton seconded by Councillor Gord Perks, recommends that: 1. City Council increase the 2022 Approved Operating Budget for Heritage Toronto on a one-time basis by $7,500.00 gross, $0 net, fully funded by Section 37 community benefits obtained from the development at 297 College Street, secured for streetscape improvements (Source Account: XR3026-3700586), for the production and installation of a heritage plaque to recognize Dr. Anderson Abbott (Cost Centre: HG0001).
CC43.18amended
This application proposes to amend the Official Plan and former City of North York Zoning By-law 7625 for the property at 51 Drewry Avenue and 8 to 28 Inez Court (the Site) to permit a 10 storey (32.15 metre) and 32 storey (97.65 metre) residential building connected via a 2 storey podium (the Development), a new north/south 26 metre wide public road parallel to Yonge Street (the Beecroft Road Extension), and a new 7,534 square metre public park (collectively, the 2014 Settlement Proposal). The application and related appeals are subject to a lengthy history, dating back to 2008. In November, 2011, Yolanda Flanders Developments Inc. and 2242148 Ontario Limited (the Owner) filed appeals to the Ontario Municipal Board, now known as the Ontario Land Tribunal (OLT or Tribunal). On April 1, 2014, City Council by its adoption of Item CC50.5, endorsed the 2014 Settlement Proposal in principle and required the Owner to submit a revised rezoning application to the City in order to implement the proposed settlement. The application then went dormant for a number of years. On August 27, 2021, the Owner filed revised plans for City staff to review, generally consistent with the 2014 Settlement Proposal. The City Solicitor requires further direction in respect of the implementation of the settlement of the appeals. This report recommends that the City Solicitor, together with City Planning and other appropriate staff, attend the OLT hearing generally in support of the 2014 Settlement Proposal, subject to further implementation details as set out herein. City Planning, Engineering and Construction Services, Transportation Services, and Parks, Forestry and Recreation staff have been involved in the preparation of this report.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council confirm its endorsement of the Development as contemplated in the 2014 Settlement Proposal, as generally shown on the Plans dated April 21, 2022 in Attachments 2 (West Elevation) and 3 (Site Plan) to the report (May 3, 2022) from the City Solicitor, subject to Parts 2 to 13 below. 2. City Council authorize the City Solicitor and appropriate City Staff to support the 2014 Settlement Proposal at the Ontario Land Tribunal. 3. City Council direct the City Solicitor to secure the capital facilities referred to below in an Agreement pursuant to Section 37 of the Planning Act, which agreement or agreements shall be registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; the Owner, at the Owner's expense and in accordance with, and subject to the agreements referred to above shall provide for or fund the following facilities on terms satisfactory to the City of Toronto in exchange for the increased density hereinafter set out: a. the community benefits and density incentives recommended to be secured in the Section 37 Agreement are as follows: i. upon Ontario Land Tribunal approval of the Zoning By-law Amendment or as soon as possible thereafter, and in any event, prior to or concurrent with the sale of part of Inez Court shown as Part 10 on Plan 66R-32549 (the Inez Court Bulb Lands), the Owner shall convey to the City, the lands identified as Parts 3, 4, 5, 15, 16 and 17 on Plan 66R-32549 (the Parkland Dedication Lands, all parts shown on Attachment 4 to the report (May 3, 2022) from the City Solicitor), comprising an area of 7,534.00 square metres for parks purposes, of which 5,374.49 square metres shall be over-contribution, additional to the statutorily required parkland dedication of 2,159.51 square metres required by Section 42(3) of the Planning Act; the Parkland Dedication Lands shall be free and clear, above and below grade, of all easements and encumbrances, in an environmental and base park condition acceptable to the General Manager, Parks, Forestry and Recreation; ii. concurrent with the conveyance of the Parkland Dedication Lands to the City, the Owner shall provide to the City funding for the design and construction of park improvements in the sum of $250,000.00, indexed upwardly in accordance with Statistics Canada's Construction Price Index (being the Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01 or its successor) calculated from the date of final approval of the Zoning By-law Amendment to the date of payment; iii. upon Ontario Land Tribunal approval of the Zoning By-law Amendment or as soon as possible thereafter, and in any event, prior to or concurrent with the sale of the Inez Court Bulb Lands (Part 10), the Owner shall convey, at no cost to the City, the lands identified as Parts 1, 2, 6, 8, 9, 13, 14, 18, 19 and 21 on Plan 66R-32549 (the Beecroft Extension Lands), comprising an area of 3,590.4 square metres, for future service road purposes; all Parts shown on Attachment 4 to the report (May 3, 2022) from the City Solicitor; the Beecroft Extension Lands shall be free and clear of all encumbrances both above and below grade (unless such encumbrances are agreed to by Transportation Services) and shall meet the environmental requirements of the City Council approved Engineering and Construction Services Directive titled "Environmental Site Assessment for Land conveyances"; and in the event that Part 20 on Plan 66R-32549 is stopped up and closed prior to the dedication of the Beecroft Extension Lands as public highway, the conveyance of the Beecroft Extension Lands shall be subject to a temporary access easement in favour of the adjacent development lands, to expire upon dedication of the Beecroft Extension Lands as public highway on terms and conditions satisfactory to the General Manager, Transportation Services and in a form satisfactory to the City Solicitor; iv. prior to issuance of the first above grade building permit for the development, the Owner shall provide to the City a monetary contribution toward the cost of acquiring lands for the North York Centre Service Road and associated road network and buffer areas, acquiring or improving parkland serving the North York Centre area, or constructing and furnishing a public recreational centre or social facility serving the North York Centre area, in an amount equal to $1,506.95 per square metre for up to 3,854.47 square metres of additional gross floor area, for a total amount of up to $5,808,494.00, indexed upwardly in accordance with Statistics Canada's Construction Price Index (being the Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01 or its successor) calculated from the date of final approval of the Zoning By-law Amendment to the date of payment; v. two bicycle rooms located on the ground floor with direct access from the outside, collectively containing a minimum of 55 bicycle parking spaces; and vi. a minimum of 1.5 square metres per dwelling unit of private indoor recreational amenity area; and b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. prior to the issuance of the first above grade building permit, the Owner shall make a cash contribution to the Toronto Transit Commission, in the amount of $35,000.00, for the installation of signal priority in the vicinity of the Site, indexed upwardly in accordance with Statistics Canada's Construction Price Index (being the Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01 or its successor) calculated from the date of final approval of the zoning by-law amendment to the date of payment; ii. prior to condominium registration, the Owner shall provide a pre-loaded PRESTO card with funds in the amount of $50 to each unit as part of the Transportation Demand Management strategy/information package; iii. the Owner shall design and provide financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, and Geohydrology Report to support the development prior to the issuance of the Notice of Approval Conditions, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development, according to the Functional Servicing and Stormwater Management Report, and Geohydrology Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and iv. provisions for the extension to the window for the Development Charges reduction addressed in Parts 5 and 6 below; provisions to waive the right-of-way occupancy fees for construction staging from the Beecroft Extension Lands addressed in Part 7 below, and provisions for the Owner to construct the Beecroft Extension and related requirements addressed in Part 8 below may also be included in the Section 37 Agreement as a legal convenience at the discretion of the parties. 4. City Council authorize the City Solicitor to request the Ontario Land Tribunal to issue an Order containing the following: a. the final form and content of the draft Official Plan and Zoning By-law Amendments to the satisfaction of the Owner, the City Solicitor and the Chief Planner and Executive Director, City Planning; and b. direction that the applicable community benefits and other matters in support of the development identified in Part 3 above are to be secured in a Section 37 Agreement executed by the Owner and the City and registered on title to the Site, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 5. City Council direct that in connection with the early conveyance of the Parkland Dedication Lands and the Beecroft Extension Lands to the City, relief be provided from the 60 month time limit set out in Article 415-7C(1) of the City's Municipal Code (Development Charge By-law) in order to facilitate the early demolition of the twenty-one (21) single detached dwellings on the lands and the associated early conveyance of the Parkland Dedication Lands and the Beecroft Extension Lands to the City; such relief shall be contingent on the Parkland Dedication Lands and the Beecroft Extension Lands having been conveyed to the City as soon as possible after the approval of the Zoning By-law Amendment, and shall expire upon the later of fifteen (15) years from the issuance of the demolition permits for the twenty-one (21) dwelling units, or ten (10) years from completion and dedication of the Beecroft Road Extension service road adjacent to the Development lands. 6. City Council authorize the City Solicitor to enter into an Agreement(s) with the Owner that the Development Charges payable for the ultimate development on the subject property will be reduced by an amount calculated by multiplying twenty one (21) single detached dwellings (being the number of dwelling units required to be demolished to facilitate the redevelopment) by the Development Charge rate in effect for single detached dwellings at the time of building permit issuance for the redevelopment, and subject to the conditions set out in Part 5 above. 7. City Council direct that in consideration for and contingent on the early conveyance of the Beecroft Extension Lands to the City, the Owner be permitted to occupy the easternmost northbound lane and adjacent boulevard of the Beecroft Extension Lands in order to facilitate the staging of construction of the Development, and that any right-of-way occupancy fees that would otherwise be payable under Chapter 441 of the City's Municipal Code be waived for a maximum of three (3) years, commencing at any time within a ten (10) year period following the completion and dedication of the Beecroft Extension Lands; any such occupancy will be subject to the requirements of Chapter 743 of the City's Municipal Code, including the requirement to submit an application and obtain a right-of-way occupancy permit, a traffic management plan (including provision for maintained pedestrian and cycling access), and any other requirements such as insurance, security, indemnification, to the satisfaction of the General Manager, Transportation Services; and in the event the Owner wishes to occupy the Beecroft Extension Lands to facilitate the staging of construction of the Development prior to their dedication as public highway, the requirements of Chapter 743 will not apply, but the Owner shall enter into a license agreement with the City to occupy the lands for nominal consideration for a maximum of three (3) years, on terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor. 8. City Council direct that, in the event the Owner wishes to construct the Beecroft Road Extension within the Site (from Drewry to the south limit of its property) prior to the awarding of a contract by the City for construction of the Beecroft Road Extension, that the Owner be permitted to construct the Beecroft Road Extension within the Site, provided that they have first made satisfactory arrangements with Engineering and Construction Services and have entered into the appropriate agreement(s) with the City for the design and construction of the Beecroft Road Extension, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, including the necessary municipal infrastructure to service the site from Drewry Avenue to the south limit of the Site, which may include any necessary upgrades to existing servicing within Drewry Avenue. 9. City Council direct that the parkland dedication required pursuant to Section 42 of the Planning Act in connection with the Development shall be fulfilled by virtue of the conveyance of the Parkland Dedication Lands to the City as secured in the Part 3.a.i. above; in the event that the Owner submits a new application seeking additional density and/or unit permissions for the net development site in the future, the parkland dedication requirement will be determined in accordance with the applicable parkland dedication rates at that time, as applied to that net site; and if this occurs, the statutorily required Parkland Dedication Lands outlined in Part 3.a.i. above that have already been conveyed to the City (but none of the over-contribution) may be counted towards the fulfillment, in whole or in part, of the future parkland dedication requirements for the net development site at that time. 10. City Council direct that, prior to undertaking the base park conditioning, which must be completed prior to conveyance of the Parkland Dedication Lands, the Owner shall submit a cost estimate and any necessary plans including working drawings, specifications, and landscape plans showing the scope and detail of the work for the base park conditioning, for review and approval by the General Manager, Parks, Forestry and Recreation; the Owner shall post an irrevocable Letter of Credit in the amount of 120 percent of the value of the base park conditioning to the satisfaction of the General Manager, Parks, Forestry and Recreation; and no credit shall be given towards the Parks and Recreation component of the Development Charges for costs associated with base park conditioning. 11. City Council request the General Manager, Parks, Forestry and Recreation to include within the 10-Year Capital Plan the timely development of new parkland located at 51 Drewry Avenue and 8 to 28 Inez Court, in the 2023 budget submission for Parks, Forestry and Recreation, with growth related funding, including Development Charges and Section 42 First 5 percent cash-in-lieu monies, received. 12. City Council Council direct that Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor remain confidential as it contains advice that is subject to solicitor client privilege. 13. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision. Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council confirm its endorsement of the Development as contemplated in the 2014 Settlement Proposal, as generally shown on the Plans dated April 21, 2022 in Attachments 2 (West Elevation) and 3 (Site Plan) to the May 3, 2022 report from the City Solicitor, subject to the recommendations set out below. 2. City Council authorize the City Solicitor and appropriate City Staff to support the 2014 Settlement Proposal at the Ontario Land Tribunal. 3. City Council direct the City Solicitor to secure the capital facilities referred to below in an agreement pursuant to Section 37 of the Planning Act, which agreement or agreements shall be registered on title to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor. The Owner, at the Owner's expense and in accordance with, and subject to, the agreements referred to above, shall provide for or fund the following facilities on terms satisfactory to the City of Toronto in exchange for the increased density hereinafter set out: a. the community benefits and density incentives recommended to be secured in the Section 37 Agreement are as follows: (i) Upon Tribunal approval of the zoning by-law amendment or as soon as possible thereafter, and in any event, prior to or concurrent with the sale of part of Inez Court shown as Part 10 on Plan 66R-32549 (the Inez Court Bulb Lands), the Owner shall convey to the City, the lands identified as Parts 3, 4, 5, 15, 16 and 17 on Plan 66R-32549 (the Parkland Dedication Lands, all parts shown on Attachment 4), comprising an area of 7,534.00 square metres for parks purposes, of which 5,374.49 square metres shall be over-contribution, additional to the statutorily required parkland dedication of 2,159.51 square metres required by Section 42(3) of the Planning Act. The Parkland Dedication Lands shall be free and clear, above and below grade, of all easements and encumbrances, in an environmental and base park condition acceptable to the General Manager, Parks, Forestry & Recreation; (ii) Concurrent with the conveyance of the Parkland Dedication Lands to the City, the Owner shall provide to the City funding for the design and construction of park improvements in the sum of $250,000.00, indexed upwardly in accordance with Statistics Canada's Construction Price Index (being the Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01 or its successor) calculated from the date of final approval of the zoning by-law amendment to the date of payment; (iii) Upon Tribunal approval of the zoning by-law amendment or as soon as possible thereafter, and in any event, prior to or concurrent with the sale of the Inez Court Bulb Lands (Part 10), the Owner shall convey, at no cost to the City, the lands identified as Parts 1, 2, 6, 8, 9, 13, 14, 18, 19 and 21 on Plan 66R-32549 (the Beecroft Extension Lands), comprising an area of 3,590.4 square metres, for future service road purposes. All Parts shown on Attachment 4. The Beecroft Extension Lands shall be free and clear of all encumbrances both above and below grade (unless such encumbrances are agreed to by Transportation Services) and shall meet the environmental requirements of the Council approved ECS Directive titled "Environmental Site Assessment for Land conveyances". In the event that Part 20 on Plan 66R-32549 is stopped up and closed prior to the dedication of the Beercroft Extension Lands as public highway, the conveyance of the Beecroft Extension Lands shall be subject to a temporary access easement in favour of the adjacent development lands, to expire upon dedication of the Beecroft Extension Lands as public highway on terms and conditions satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor; (iv) Prior to issuance of the first above grade building permit for the development, the Owner shall provide to the City a monetary contribution toward the cost of acquiring lands for the North York Centre Service Road and associated road network and buffer areas, acquiring or improving parkland serving the North York Centre area, or constructing and furnishing a public recreational centre or social facility serving the North York Centre area, in an amount equal to $1,506.95 per square metre for up to 3,854.47 square metres of additional gross floor area, for a total amount of up to $5,808,494.00, indexed upwardly in accordance with Statistics Canada's Construction Price Index (being the Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01 or its successor) calculated from the date of final approval of the zoning by-law amendment to the date of payment; (v) two bicycle rooms located on the ground floor with direct access from the outside, collectively containing a minimum of 55 bicycle parking spaces; (vi) a minimum of 1.5 square metres per dwelling unit of private indoor recreational amenity area. b. The following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: (i) prior to the issuance of the first above grade building permit, the Owner shall make a cash contribution to the Toronto Transit Commission (TTC), in the amount of $35,000.00, for the installation of signal priority in the vicinity of the Site, indexed upwardly in accordance with Statistics Canada's Construction Price Index (being the Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01 or its successor) calculated from the date of final approval of the zoning by-law amendment to the date of payment; (ii) prior to condominium registration, the Owner shall provide a pre-loaded PRESTO card with funds in the amount of $50 to each unit as part of the Transportation Demand Management strategy/information package; (iii) the Owner shall design and provide financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, and Geohydrology Report to support the development prior to the issuance of the Notice of Approval Conditions, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development, according to the Functional Servicing and Stormwater Management Report, and Geohydrology Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and (iv) provisions for the extension to the window for the Development Charges reduction addressed below in Recommendations 5 and 6; provisions to waive the right-of-way occupancy fees for construction staging from the Beecroft Extension Lands addressed below in Recommendation 7, and provisions for the Owner to construct the Beecroft Extension and related requirements addressed below in Recommendation 8 of the Request for Direction Report from the City Solicitor, dated, May 3, 2022 may also be included in the Section 37 Agreement as a legal convenience at the discretion of the parties. 4. City Council authorize the City Solicitor to request that the Ontario Land Tribunal issue an Order containing the following: a. the final form and content of the draft Official Plan and Zoning By-law Amendments to the satisfaction of the Owner, the City Solicitor and the Chief Planner and Executive Director, City Planning; and b. direction that the applicable community benefits and other matters in support of the development identified above in Recommendation 3 of the Request for Direction Report from the City Solicitor, dated, May 3, 2022, are to be secured in a Section 37 Agreement executed by the Owner and the City and registered on title to the Site, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 5. City Council direct that in connection with the early conveyance of the Parkland Dedication Lands and the Beecroft Extension Lands to the City, relief be provided from the 60 month time limit set out in Article 415-7C(1) of the City's Municipal Code (Development Charge By-law) in order to facilitate the early demolition of the twenty-one (21) single detached dwellings on the lands and the associated early conveyance of the Parkland Dedication Lands and the Beecroft Extension Lands to the City. Such relief shall be contingent on the Parkland Dedication Lands and the Beecroft Extension Lands having been conveyed to the City as soon as possible after the approval of the zoning by-law amendment, and shall expire upon the later of fifteen (15) years from the issuance of the demolition permits for the twenty-one (21) dwelling units, or ten (10) years from completion and dedication of the Beecroft Road Extension service road adjacent to the Development lands. 6. City Council authorize the City Solicitor to enter into an agreement(s) with the Owner that the Development Charges payable for the ultimate development on the subject property will be reduced by an amount calculated by multiplying twenty one (21) single detached dwellings (being the number of dwelling units required to be demolished to facilitate the redevelopment) by the Development Charge rate in effect for single detached dwellings at the time of building permit issuance for the redevelopment, and subject to the conditions set out above in Recommendation 5 of the Request for Direction Report from the City Solicitor, dated, May 3, 2022. 7. City Council direct that in consideration for and contingent on the early conveyance of the Beecroft Extension Lands to the City, the Owner be permitted to occupy the easternmost northbound lane and adjacent boulevard of the Beecroft Extension Lands in order to facilitate the staging of construction of the Development, and that any right-of-way occupancy fees that would otherwise be payable under Chapter 441 of the City's Municipal Code be waived for a maximum of three (3) years, commencing at any time within a ten (10) year period following the completion and dedication of the Beecroft Extension Lands. Any such occupancy will be subject to the requirements of Chapter 743 of the City's Municipal Code, including the requirement to submit an application and obtain a right-of-way occupancy permit, a traffic management plan (including provision for maintained pedestrian and cycling access), and any other requirements such as insurance, security, indemnification, to the satisfaction of the General Manager, Transportation Services. In the event the Owner wishes to occupy the Beecroft Extension Lands to facilitate the staging of construction of the Development prior to their dedication as public highway, the requirements of Chapter 743 will not apply, but the Owner shall enter into a license agreement with the City to occupy the lands for nominal consideration for a maximum of three (3) years, on terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor. 8. City Council direct that, in the event the Owner wishes to construct the Beecroft Road Extension within the Site (from Drewry to the south limit of its property) prior to the awarding of a contract by the City for construction of the Beecroft Road Extension, that the Owner be permitted to construct the Beecroft Road Extension within the Site, provided that they have first made satisfactory arrangements with Engineering and Construction Services and have entered into the appropriate agreement(s) with the City for the design and construction of the Beecroft Road Extension, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, including the necessary municipal infrastructure to service the site from Drewry Avenue to the south limit of the Site, which may include any necessary upgrades to existing servicing within Drewry Avenue. 9. City Council direct that the parkland dedication required pursuant to Section 42 of the Planning Act in connection with the Development shall be fulfilled by virtue of the conveyance of the Parkland Dedication Lands to the City as secured in the above Recommendation 3. a. (i) of the Request for Direction Report from the City Solicitor dated May 3, 2022. In the event that the Owner submits a new application seeking additional density and/or unit permissions for the net development site in the future, the parkland dedication requirement will be determined in accordance with the applicable parkland dedication rates at that time, as applied to that net site. If this occurs, the statutorily required Parkland Dedication Lands outlined above in Recommendation 3.a.(i) that have already been conveyed to the City (but none of the over-contribution) may be counted towards the fulfillment, in whole or in part, of the future parkland dedication requirements for the net development site at that time. 10. City Council direct that, prior to undertaking the base park conditioning, which must be completed prior to conveyance of the Parkland Dedication Lands, the Owner shall submit a cost estimate and any necessary plans including working drawings, specifications, and landscape plans showing the scope and detail of the work for the base park conditioning, for review and approval by the General Manager, PFR. The Owner shall post an irrevocable Letter of Credit in the amount of 120 percent of the value of the base park conditioning to the satisfaction of the General Manager, PFR. No credit shall be given towards the Parks and Recreation component of the Development Charges for costs associated with base park conditioning. 11. City Council Council direct that Confidential Attachment 1 remain confidential as it contains advice that is subject to solicitor client privilege. 12. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.
MM43.18adopted
Actions to Prevent Auto Theft - by Councillor Mark Grimes, seconded by Councillor Mike Colle
There has been an exponential increase in auto thefts in Toronto, and across Ontario and Quebec, in 2022. City Council has previously requested the Federal and Provincial Governments to provide resources to the Toronto Police Service to combat this crime and requested the Province to establish a Provincial/Municipal Auto Theft Task Force. http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2021.MM38.25 However, according to Toronto Police Service data, incidents of auto theft are on trend to exceed 2021's rate by over 50 percent. The Toronto Police Chief has dedicated $2.1 million to a centralized unit targeting organized crime rings profiting from these thefts. Recent multi-jurisdictional auto theft targeted projects, including Project Tyga and Project Taurus, have resulted in some arrests and recovery of vehicles, but most stolen vehicles end up damaged or shipped overseas for resale. Devices to clone key fobs can be purchased relatively inexpensively online, and GPS and other tracking devices are quickly and easily disabled, which makes it an attractive opportunity for new thieves. These recent police projects have also revealed that thefts often involve violence towards the victims. Toronto Police provide information and resources for vehicle owners to help prevent thefts, yet every day dozens of people fall victim to this crime. Data on the most frequently stolen vehicle makes and models are readily available. Many insurance companies increase their rates for those vehicles. Anti-theft modifications on vehicles could be implemented by auto manufacturers; however, there has yet to be a concerted effort to do so.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council request the Federal and Provincial Governments to work with the automotive industry and the insurance industry on additional measures to prevent auto thefts, including at time of manufacture.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Councillor Mike Colle, recommends that: 1. City Council request the Federal and Provincial Governments to work with the automotive industry and the insurance industry on additional measures to prevent auto thefts, including at time of manufacture.
CC43.19adopted
On November 19, 2019, the applicant submitted an Official Plan Amendment to add a Site and Area Specific Policy (SASP) to permit a primarily residential development including a new public street and open space for the property at 860 Pharmacy Avenue, 9-40 Craigton Drive and 1 Rannock Street (the "Subject Lands"). The Subject Lands are located within the Golden Mile Secondary Plan area and are designated Apartment Neighbourhoods. On November 3, 2020, the applicant appealed their proposed SASP to the Ontario Land Tribunal (the "OLT") due to Council's failure to make a decision within the statutory timeframe. The purpose of this report is to request further instructions regarding a matter appealed to the OLT.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B and C to the report (May 3, 2022) from the City Solicitor, at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendices A, B and C to the report (May 3, 2022) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice and information that is subject to solicitor-client privilege. The confidential instructions to staff adopted by City Council and Confidential Appendices A, B and C to the report (May 3, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor. August 30, 2022 The confidential instructions to staff in Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor were adopted by City Council, and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public: 1. City Council accept the settlement offer attached as Confidential Appendix A to the report (May 3, 2022) from the City Solicitor (the "Settlement Offer"), substantially in the form and content of Confidential Appendix B to the report (May 3, 2022) from the City Solicitor and endorse the Context Plan in Confidential Appendix C to the report (May 3, 2022) from the City Solicitor (together, the "Revised Proposal") for the lands municipally known as 860 Pharmacy Avenue, 9-23 and 32-40 Craigton Drive, and 1 Rannock Street (the "Development Site") and City Council direct the City Solicitor to attend the Ontario Land Tribunal to support the Revised Proposal, subject to Parts 2 to 5 below. 2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) on the Official Plan Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final content and form of the Official Plan Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including any revisions to the maps and schedules to the Official Plan Amendment as may be necessary to implement the Settlement Offer; b. the Owner has agreed to resolve its appeal of Official Plan Amendment 499, including the Golden Mile Secondary Plan and not seek any party or participant status on the appeals, and that Official Plan Amendment 499 as adopted by City Council is brought into force as it applies to the Site, subject to any authorized changes as may be required as determined by the Chief Planner and Executive Director, City Planning and the City Solicitor to implement this Settlement Offer for this Site, including, but not limited to, minimizing duplicative/repetitive policies, maps or references and, if deemed appropriate, incorporating the proposed Site and Area-Specific Policy into Section 14 of the Golden Mile Secondary Plan, instead of Chapter 7, Site and Area Specific Policies of the Official Plan; and c. the Owner has, at its sole cost and expense: i. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; ii. has secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; and iii. submitted a revised Multi-Modal Transportation Impact Study satisfactory to the General Manager, Transportation Services and thereafter secured the implementation of such requirements satisfactory to the General Manager, Transportation Services in consultation with the City Solicitor. 3. Prior to attending the Ontario Land Tribunal on this matter, City Council direct that the Owner submit to the City a complete resubmission on the Official Plan Amendment application including updated reports, plans, drawings and materials satisfactory to the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the appropriate divisions. 4. City Council direct that acceptance of this Settlement Offer is contingent upon the Owner providing satisfactory materials to address servicing capacity matters and infrastructure improvements, either through a Master Servicing Study for the Golden Mile Area or through a Functional Servicing and Stormwater Management Report for the Property in coordination with the Master Servicing Study to support the proposed density in this Settlement Offer satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services. 5. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendices A, B and C to the report (May 3, 2022) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and they can be accessed under Background Information (City Council).
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the Report (May 3, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, Confidential Appendix "A", Confidential Appendix "B", and Confidential Appendix "C" to the Report (May 3, 2022) from the City Solicitor, if adopted by City Council, at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1 to the Report (May 3, 2022) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice and information, which is subject to solicitor-client privilege.
MM43.19adopted
Toronto Island Park is one our City's most treasured destinations, attracting 1.4 million visitors annually. Although it is most heavily used during the summer season, it is also increasingly being enjoyed during the wintertime. The opportunity to expand the use of this park during all seasons has been identified throughout the ongoing Toronto Island Master Plan process. A winter visit to the Island offers a special kind of experience for regular users and international tourists. Currently, there are challenges with supporting the best experience for users during the off-season, due to more limited amenities, and unpredictable changes to ferry schedules or complete diversions caused by winter conditions such as ice in the harbour. An alternative bus service operates during these times and is not currently serviced with fully accessible vehicles. While the Master Plan will provide direction on infrastructure improvements to enhance the winter experience, there is also an opportunity to review improvements in advance of this coming winter related to communications on winter services, service disruptions, the provision of accessible alternative bus service and the planning for winter mitigation measures at the Wards dock. A focused working group of stakeholders and City staff can provide recommendations for action in these areas, in order to enhance the visitor experience of all users for this coming winter season.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council request the General Manager, Parks Forestry and Recreation to convene a Winter Island Access Working Group, in consultation with the Ward 10 Councillor Office and including Technology Services and other appropriate divisions to provide recommendations for implementation prior to the 2022-2023 Island winter season including: a. improvements to communication for visitor experience in the off-season with respect to available amenities, shelter, and ferry service; b. improvements to alternative bus transport when ferry service is diverted, including coordination with the Toronto Transit Commission on provision of fully accessible service; and c. a review of winter conditions at Wards Island dock and planning of mitigation measures to address disruptions due to ice accumulation.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council request the General Manager, Parks Forestry and Recreation to convene a Winter Island Access Working Group, in consultation with the Ward 10 Councillor Office and including Technology Services and other appropriate divisions to provide recommendations for implementation prior to the 2022-2023 Island winter season including: a. improvements to communication for visitor experience in the off-season with respect to available amenities, shelter, and ferry service; b. improvements to alternative bus transport when ferry service is diverted, including coordination with the Toronto Transit Commission on provision of fully accessible service; and c. a review of winter conditions at Wards Island dock and planning of mitigation measures to address disruptions due to ice accumulation.
CC43.20adopted
Queenlaw Development Limited (the "Applicant") is the owner of the property municipally known as 1045-1049 The Queensway (the "Subject Site"), located on the south side of The Queensway, between St. Lawrence Avenue and Dorchester Avenue. The Subject Site was previously occupied by two 1-storey commercial buildings. To the south of the subject site are industrial buildings located with a Core Employment Areas designation and the Class 1 Industrial Zone. On January 18, 2018, the Applicant submitted a Zoning By-law Amendment application to amend the former City of Etobicoke Zoning Code (Site Specific Zoning By-law No. 514-2003) (the "Application") to permit the redevelopment of the Subject Site with a 14-storey (46 metres, plus an additional 6 metres for the mechanical penthouse) mixed-use building (the "Development"). The base building has a height of 6-storeys (21 metres). The building would have a U-shape configuration and would have an approximate separation distance between the interior building faces of 27.6 metres with balconies facing the interior. The Development is proposed to have a Gross Floor Area ("GFA") of 26,114 square metres (of which 613 square metres would be commercial space) for a total Floor Space Index ("FSI") of 6.67 times the area of the lot. The Development includes 325 residential dwelling units consisting of 186 one-bedroom units (57 percent), 106 two-bedroom units (33 percent) and 33 three-bedroom units (10 percent). A total of approximately 628 square metres of indoor amenity space would be located on the second and third floors and 675 square metres of outdoor amenity space would be located on the 3rd floor. A total of 330 parking spaces are proposed in three levels of underground parking. On January 7, 2020, the Applicant appealed the Application to the Local Planning Appeal Tribunal (the "LPAT"), now the Ontario Land Tribunal (the "OLT") due to the City's failure to make a decision within the prescribed time period set out in the Planning Act. The appeal is known as OLT File PL210053. To date, the OLT has held one case management conference on June 23, 2021. The appeal is currently scheduled to be heard by the OLT during a 10-day hearing on July 25 to August 5, 2022. The purpose of this report is to request further instructions regarding the OLT appeal and upcoming hearing. City Planning has been involved in the preparation of this report.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor. 3. City Council authorize public release of Confidential Attachments 2 and 3 to the report (May 3, 2022) from the City Solicitor. 4. City Council direct that the balance of Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice Settlement Offer dated April 30, 2022, in Confidential Attachment 2 to the report (May 3, 2022) from the City Solicitor and as generally shown on the Revised Plans dated April 29, 2022, in Confidential Attachment 3 to the report (May 3, 2022) from the City Solicitor, subject to Parts 2 to 7 set out below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the revised proposal as set out in the without prejudice Settlement Offer dated April 30, 2022, in Confidential Attachment 2 to the report (May 3, 2022) from the City Solicitor and as generally shown on the Revised Plans dated April 29, 2022, in Confidential Attachment 3 to the report (May 3, 2022) from the City Solicitor. 3. City Council approve the use of the over-dedication credit of 669.84 square metres of off-site parkland (the "Over-Dedication Credit"), which is related to the on-site parkland dedication for the rezoning approval for the property municipally known as 30 and 44 Zorra Avenue and that was secured in Section 4 of the Section 37 Agreement dated July 14, 2020 between Zorra Street Developments Inc. and the City (Instrument AT5503632) (the "30 and 44 Zorra Section 37 Agreement"), with such Over-Dedication Credit to be applied to the Applicant's parkland dedication requirements pursuant to Section 42 of the Planning Act for the proposed redevelopment of the Subject Site, which is identified as a Benefiting Future Development pursuant to the terms of that Agreement; City Council require that any parkland dedication remaining after the application of the Over-Dedication Credit shall be satisfied by the Applicant through payment of cash-in-lieu or off-site parkland dedication, to the satisfaction of the General Manager, Parks, Forestry and Recreation; and City Council require, pursuant to section 4.3 of the 30 and 44 Zorra Section 37 Agreement, that as a condition of the application of the Over-Dedication Credit the Applicant must complete the following prior to any final approval of the Applicant's Zoning By-law Amendment for the Site, all to the satisfaction of the City Solicitor: a. the Applicant shall: i. if the Applicant is not Zorra Street Developments Inc., provide a solicitor's corporate opinion confirming that it is a Zorra Street Developments Inc. entity, authorized to benefit from the Over-Dedication Credit by Zorra Street Developments Inc., to the satisfaction of the City Solicitor; ii. provide a sworn acknowledgement to the General Manager, Parks, Forestry, and Recreation confirming the amount of the Over-Dedication Credit that has been used; and iii. acknowledge in a development agreement (with the appropriate agreement to be determined by the City Solicitor) for the Zoning By-law Amendment application for the Subject Site the extent to which the Applicant has drawn on the Over-Dedication Credit. 4. City Council authorize the City Solicitor to enter into an Agreement pursuant to Section 37 of the Planning Act as follows: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. an indexed cash contribution of $1,200,000 to be paid by the Application prior to the issuance of the first above-grade building permit for the proposed development, to be allocated to the following to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor: a. streetscape improvements along The Queensway through the Shop the Queensway Business Improvement Area; b. traffic control and street improvement measures for The Queensway, including but not limited to road safety and local traffic calming and future bicycle lanes; c. improvements to local parks and trails located in Ward 3, including but not limited to The Queensway Park and Mimico Park Trail; d. the provision of not-for-profit daycares in Ward 3; and e. affordable housing units; ii. in the event that the cash contribution in Part 4.a.i. above has not been used for the intended purpose within two (2) years of the Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor; and b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. the conveyance by the Applicant to the City of a road widening of 0.4 metres along the St. Lawrence Avenue frontage of the Subject Site; ii. the Applicant shall shall construct and maintain the development of the site in accordance with Tier 1, Toronto Green Standard (Version 3), and the Applicant will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where applicable, consistent with the performance standards of Toronto Green Standards applicable at the time of the Site Plan Application for the building on the Subject Site; iii. the Applicant shall satisfy the requirements of the Toronto District School Board regarding warning clauses and signage with respect to school accommodation issues; iv. the Applicant shall provide a minimum of 10 percent of the dwelling units on the lands must be three-bedroom units and a minimum of 20 percent of the dwelling units on the lands must be two-bedroom units; v. the Applicant shall secure any required noise mitigation measures identified in the peer review of the Environmental Noise Assessment and Odour Review - Letter of Opinion and the Applicant shall construct and maintain any such required noise mitigation measures, with such design to be secured through the Site Plan Application review process, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and vi. the Applicant shall secure any required wind mitigation measures identified in the peer review of the wind tunnel test and statistical wind analysis and the Applicant shall construct and maintain any such required wind mitigation measures, with such design to be secured through the Site Plan Application review process, all to the satisfaction of the Chief Planner and Executive Director, City Planning. 5. City Council authorize the City Solicitor to request the Ontario Land Tribunal to issue an Order containing the following: a. the final form and content of the draft Official Plan and Zoning By-law Amendments to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, and containing the following provisions: i. a minimum of 10 percent of the dwelling units on the lands must be three-bedroom units and a minimum of 20 percent of the dwelling units on the lands must be two-bedrooms unit; ii. the residential use of the four (4) live/work units shall be restricted to the second storey of the live/work units and the work portion with the commercial/retail use shall be located in the ground floor of the live/work unit fronting The Queensway; and iii. any mitigation and/or restrictions on the proposed built form to address the accepted and peer reviewed Environmental Noise Assessment and Odour Review - Letter of Opinion, and wind tunnel test, and statistical wind analysis satisfactory to the Chief Planner and Executive Director, City Planning; and b. direction that the applicable community benefits and other matters in support of the development identified in Part 4 above, are to be secured in a Section 37 Agreement executed by the Applicant and the City and registered on title to the Subject Site, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning. 6. City Council require the Applicant to complete the following matters prior to the Ontario Land Tribunal hearing and, in the event that one or more of these matters has not been completed by the Applicant, City Council authorize the City Solicitor to request, at the City Solicitor's discretion, the Ontario Land Tribunal to withhold its final Order until such time as the Ontario Land Tribunal has been advised by the City Solicitor that the outstanding matters have been completed or to request that the Ontario Land Tribunal impose as part of the Zoning By-law Amendment a Holding (H) Symbol be placed on the Subject Site until such time as the outstanding matters have been completed, all to the satisfaction of the City Solicitor: a. the Applicant has provided a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary, and storm water capacity, and Storm Water Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; b. the Applicant has submitted a revised Transportation Impact Study and Parking Utilization Justification Study to the satisfaction of the General Manager, Transportation Services; c. the Applicant has made satisfactory arrangements with the City and has entered into the appropriate agreements for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development, according to the accepted Functional Servicing Report, Storm Water Management Report, Transportation Impact Study and Parking Utilization Justification Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water and the General Manager, Transportation Services; d. the Applicant has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers Chapter 681-10 of the Municipal Code, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; e. the Applicant has submitted a revised Landscape Concept Plan, Soil Volume Plan and Tree Preservation Plan, and all tree preservation matters are resolved, all to the satisfaction of the General Manager, Parks, Forestry, and Recreation; f. both the submitted Environmental Noise Assessment and the Odour Review - Letter of Opinion have been peer reviewed by third-party consultants retained by the City of Toronto at the Applicant's expense and the Applicant has secured any mitigation measures and recommendations of the peer review, including obtaining City Council's approval to identify the Subject Site as a Class 4 Property, and with the design of any required mitigation measures to be secured through the site plan application review process, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and g. the Applicant has submitted updated Wind Studies, including a wind tunnel test complete with a statistical wind analysis to determine the impacts and efficacy of the recommended wind mitigation measures, with the design and construction of any required mitigation measures to be secured through the site plan application review process, all to the satisfaction of the Chief Planner and Executive Director, City Planning. 7. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Attachments 2 and 3 to the report (May 3, 2022) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (May 3, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council authorize public release of Confidential Attachments 2 and 3 to this report, if the confidential recommendations contained in Confidential Attachment 1 are adopted by City Council. 4. City Council direct that all other information contained in Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor, as it contains advice subject to solicitor-client privilege.
MM43.20adopted
Etobicoke-Lakeshore experiences a significant amount of litter washing up along the shoreline. Several areas along the Toronto waterfront have identified opportunities for the use of Seabin trash collecting devices to aid in capturing litter along the waterfront. Seabins are attached to seawalls or floating docks and use a pump to pull water and trash into a collection basket, which must be emptied daily. Etobicoke-Lakeshore has a long shoreline with locations that may be suitable for the use of Seabins. There are a number of factors that need to be taken into consideration including access to power, funding opportunities, maintenance arrangements, partnership opportunities and environmental considerations. This Motion is requesting a feasibility assessment for the installation of Seabins along the Etobicoke-Lakeshore waterfront.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council request PortsToronto to assess the feasibility of expanding their PortsToronto Seabin Program to install Seabin trash collecting devices along the waterfront between the Humber River and Etobicoke Creek and work with the City, the Toronto and Region Conservation Authority, and any other relevant authorities on this assessment. 2. City Council request the General Manager, Parks, Forestry, and Recreation to report back to the Infrastructure and Environment Committee on the feasibility of expanding the PortsToronto Seabin Program including identification of appropriate sites, funding opportunities, installation, operation and maintenance costs along the Etobicoke-Lakeshore waterfront.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council request PortsToronto to assess the feasibility of expanding their PortsToronto Seabin Program to install Seabin trash collecting devices along the waterfront between the Humber River and Etobicoke Creek and work with the City, the Toronto and Region Conservation Authority, and any other relevant authorities on this assessment. 2. City Council request the General Manager, Parks, Forestry, and Recreation to report back to the Infrastructure and Environment Committee on the feasibility of expanding the PortsToronto Seabin Program including identification of appropriate sites, funding opportunities, installation, operation and maintenance costs along the Etobicoke-Lakeshore waterfront.
CC43.21amended
5205 Yonge Inc. (the "Owner") owns the lands municipally known as 5203, 5205, 5211, 5213, and 5215 Yonge Street and 11 Parkview Avenue (the "Site"). The Site comprises two lots that are separated by a public laneway and Green P parking lot. One lot is a corner lot, generally rectangular in shape, with frontage on Yonge Street and Parkview Avenue (the "Yonge Street Portion"). The second lot is a rectangular lot with frontage onto Parkview Avenue (the "Parkview Avenue Portion"). The Yonge Street Portion of the Site is currently occupied by various one-storey retail buildings, including restaurants, and one two-storey building with ground floor retail and second floor offices. The Parkview Avenue Portion of the Site is currently occupied by a two-storey residential dwelling. On December 8, 2020, the Owner applied to amend the North York Centre Secondary Plan (the "NYCSP") and Zoning By-law No. 7625 to permit a 32-storey (105.1 metres) mixed-use building on the Site (the "Original Proposal"). The Original Proposal featured 329 dwelling units and a two-storey base building that contained retail uses along Yonge Street and a residential lobby along Parkview Avenue. The Original Proposal also proposed to provide the Parkview Avenue Portion of the Site to the City as a parkland dedication of 564.3 square metres. On May 14, 2021, the Owner filed an appeal to the Local Planning Appeal Tribunal, now Ontario Land Tribunal (the "OLT" or "Tribunal") citing Council's failure to make a decision on the application within the prescribed timelines in the Planning Act (the "Appeal"). Case management conferences were held on October 8, 2021 and January 26, 2022. A further case management conference is scheduled for May 30, 2022. An eight day hearing is scheduled from January 16, 2023 to January 25, 2023. On April 29, 2022, the Owner's counsel, Stikeman Elliot LLP, submitted to the City Solicitor a with prejudice settlement offer (the "Settlement Offer") based on revised architectural plans also dated April 29, 2022 and prepared by IBI Group (the "Revised Plans"). As a result, the City Solicitor requires further directions for the case management conference scheduled for May 30, 2022 and, subsequently, the hearing commencing January 16, 2023. The Settlement Offer is attached to this report as Public Attachment 1 and the Revised Plans are attached as Public Attachment 2. The Settlement Offer and Revised Plans are described further in the "Comments" section below. City Planning has been involved in the preparation of this report.
City Council on May 11 and 12, 2022, adopted the following: 1. City Council reject the with prejudice Settlement Offer dated April 29, 2022 in Public Attachment 1 to the report (May 4, 2022) from the City Solicitor. 2. City Council direct the City Solicitor to attend the Ontario Land Tribunal hearing in opposition to the development proposal as set out in Public Attachment 2 to the report (May 4, 2022) from the City Solicitor and City Council authorize the City Solicitor to retain outside consultants as may be necessary. 3. City Council direct the City Solicitor to work with the proponent to reduce the density of the proposed development so that it is in keeping with recent approvals within the North York Centre, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the local Ward Councillor. 4. In the event the density of the proposal is reduced in accordance with Part 3 above, City Council direct the City Solicitor to support the revised proposal at the Ontario Land Tribunal, subject to securing an acceptable Section 37 contribution to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the local Ward Councillor. 5. City Council direct that Confidential Attachment 1 to the report (May 4, 2022) from the City Solicitor remain confidential in its entirety as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (May 4, 2022) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.
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.
MM43.43not adopted
The media is sharing news today that the City has issued a request for proposals for contracted security to keep watch of its parks. The role of these private security guards will include advising the City immediately if any illegal tent or structure is erected in a park. The City understands that living outdoors for extended periods is not a path to good health. The City has a duty to ensure that everyone has access to safe shelter and permanent supportive housing.
City Council on May 11 and 12, 2022, did not adopt Motion MM43.43.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Mike Layton, recommends that: 1. City Council direct that spending on security guards at 6 City parks be deferred until City Council has been fully briefed on a variety of options including options of spending on connecting people with spaces where they have the health supports and amenities.