Toronto City Council
The full agenda, as filed
All 86 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
Items 1 to 50 of 86Show 2550100all
BL45.1adopted
Introduction and Enactment of General Bills and Confirming Bills
City Council will introduce and enact General Bills and Confirming Bills.
City Council on June 15 and 16, 2022 enacted By-laws 528-2022 to 603-2022.
CC45.1adopted
Review of Codes of Conduct for Members of Council, Local Boards and Adjudicative Boards
The Integrity Commissioner provides advice to Council on policies dealing with ethics and integrity under the City of Toronto Act, 2006 and Chapter 3 of the Toronto Municipal Code. As requested by Council, the Integrity Commissioner has reviewed the City's existing Codes of Conduct and recommends some substantive and housekeeping changes to ensure they are up to date and continue to reflect the highest ethical standards. The Integrity Commissioner also recommends that Council adopt a process to permit the Integrity Commissioner to regularly review the Codes of Conduct and report directly to Council with any recommended changes.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council repeal the current Codes of Conduct effective August 1, 2022 and replace them with the updated Codes of Conduct attached as Appendices 1, 2 and 3 to the report (June 8, 2022) from the Integrity Commissioner. 2. City Council amend City of Toronto Municipal Code Chapter 3, Accountability Officers, to permit the Integrity Commissioner to report directly to City Council with any recommended updates to the City's Codes of Conduct once per Council term.
Staff recommendation as filed
The Integrity Commissioner recommends that: 1. City Council repeal the current Codes of Conduct effective August 1, 2022 and replace them with the updated Codes of Conduct attached as Appendix 1, 2 and 3 to this report. 2. City Council amend City of Toronto Municipal Code Chapter 3, Accountability Officers, to permit the Integrity Commissioner to report directly to City Council with any recommended updates to the City's Codes of Conduct once per Council term.
DM45.1adopted
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 June 15 and 16, 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. 2. City Council authorize the public release of he confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2 and 3 to the to the report (May 4, 2022) from 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. The confidential instructions to staff in Confidential Attachment 1 to the report (May 4, 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 26, 2022 for the lands municipally known as 41-75 Four Winds Drive and as generally shown on the Revised Plans dated April 26, 2022 inclusive, respectively set out in Confidential Attachments 2 and 3 to the report (May 4, 2022) from the City Solicitor, subject to Part 2 below. 2. City Council direct the City Solicitor and appropriate staff and/or outside consultants to attend the Ontario Land Tribunal hearing to support approval of the revised proposal described in the Settlement Offer and the Revised Plans in Confidential Attachments 2 and 3 to the report (May 4, 2022) from the City Solicitor, subject to the following requirements: a. the Zoning By-law(s) are finalized to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, subject to a Holding Symbol in accordance with Confidential Attachment 2 to the report (May 4, 2022) from the City Solicitor; b. the Owner has provided a revised Tree Preservation Plan and a revised Landscape Concept to the satisfaction of the General Manger, Parks, Forestry and Recreation; c. the owner shall enter into an agreement pursuant to Section 37 of the Planning Act to secure a cash contribution of two million, forty thousand dollars ($2,040,000.00), in a form and content to the satisfaction of the City Solicitor, and such agreement shall be registered on title to the subject lands; d. the cash contribution referred to in Part 2.c. 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 Agreement to the date of payment; e. in the event the cash contribution referred to in Part 2.c. above has not been used for the determined purpose within three (3) years of the amending Zoning By-law(s) coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands; and f. the Section 37 Agreement will also secure the following matters as a legal convenience to support the development: i. a revised Functional Servicing Report, a revised Stormwater Management Report, a revised Geotechnical Report, all provided by the owner are submitted and reviewed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; ii. a revised Transportation Impact Study, provided by the owner is submitted and reviewed to the satisfaction of the General Manager, Transportation Services; iii. a revised Pedestrian Wind Study, provided by the owner is submitted, such report to be reviewed with recommendations implemented prior to the site plan approval; iv. the owner is to implement the recommendations of the Compatibility and Mitigation Study by SLR, dated April 2021 with a response dated October 20, 2021, and the peer review of Hemmera dated January 11, 2022 to the satisfaction of the Chief Planner and Executive Director, City Planning, prior to site plan approval; v. the owner shall enter into access easements related to the east-west and north-south pedestrian connections as shown on the plans in Confidential Appendix B to Confidential Attachment 2 to the report (May 4, 2022) from the City Solicitor, with specific configuration and design to be determined in the context of the site plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; vi. the owner has made satisfactory arrangements with the City and has entered into 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, Stormwater Management Report, Geotechnical Report, and Transportation Impact Study accepted by the appropriate City officials in Parts 2.f.i. and ii above; vii. the owner shall construct and maintain the development in accordance with Tier 1 performance standards of the Toronto Green Standard, as adopted by Toronto City Council, at its meeting of October 26 and 27, 2009 through the adoption of Item 2009. PG32.3 of the Planning and Growth Management Committee, as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017, through the adoption of Item 2017.PG23.9 of the Planning and Growth Management Committee, and as may be further amended by City Council from time to time; vii. the owner shall satisfy the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues; and viii. such other items set out in the Settlement Offer, dated April 26, 2022, attached as Confidential Attachments 2 and 3 to the report (May 4, 2022) from the City Solicitor. Confidential Attachments 2 and 3 to the report (May 4, 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 4, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the 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.
MM45.1adopted
This Motion will give the City Solicitor authority, along with appropriate City Staff, to attend the Toronto Local Appeal Body in order to support the Committee of Adjustment's decision to refuse the consent and minor variance applications (the "Applications") in respect of 59 R Hepbourne Street (Applications B0094/21TEY, A1227/21TEY and A1228/21TEY). The Applications propose to sever the lot into two undersized residential lots and to construct two new three-storey detached dwellings with rear integral garages on each of the severed lots. With respect to the two minor variance applications specifically, variances from City-wide Zoning By-law 569-2013 are sought with respect to: 1. minimum required building setbacks for a terrace and porch; 2. minimum required lot area (for both minor variance applications, or "Both"); 3. minimum required lot frontage (Both); 4. minimum rear lot line abutting a lane (Both); 5. minimum side exterior main wall height (Both); 6. maximum floor space index (Both); 7. minimum side yard setback (Both); 8. maximum canopy encroachment (Both); 9. minimum architectural feature encroachment (Both); 10. a use on land that does not abut an existing street (Both); 11. a use on land that does not have service connections to a lot line (Both); and 12. a dwelling to be located on land that does not abut an existing street (Both). Engineering and Construction Services staff recommended that the Committee of Adjustment refuse the Applications. Engineering and Construction Services staff were of the opinion that there is no municipal infrastructure in the public lane on which the proposed severed lots will front and none will be permitted to be installed to service the proposed severed lots (see the Engineering and Construction Services supplementary memorandum attached to this Motion). Community Planning Staff also recommended that the Committee of Adjustment refuse the Applications. Community Planning Staff were of the opinion that the requested consent and minor variances fail to satisfy the relevant statutory criteria (see the Planning Staff Report attached to this Motion). On March 2, 2022, the Committee refused the requested consent and minor variances (see the Committee of Adjustment's Notice of Decision attached to this Motion). The Applicant has appealed the refusal to the Toronto Local Appeal Body (the "Appeal"). The hearing of the Appeal has been scheduled for August 11, 2022 (see the Toronto Local Appeal Body's Notice of Hearing attached to this Motion).
City Council on June 15 and 16, 2022, adopted the following: 1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body, with appropriate City staff, in order to oppose the appeal of the Committee of Adjustment's decision to refuse the consent and minor variance applications in respect of 59 R Hepbourne Street (Applications B0094/21TEY, A1227/21TEY and A1228/21TEY). 2. City Council authorize the City Solicitor to retain such outside consultants as may be necessary to oppose said appeal. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding said appeal and City Council authorize the City Solicitor to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor and with the Director, Community Planning, Toronto and East York District.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Paula Fletcher, recommends that: 1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body, with appropriate City staff, in order to oppose the appeal of the Committee of Adjustment's decision to refuse the consent and minor variance applications in respect of 59 R Hepbourne Street (Applications B0094/21TEY, A1227/21TEY and A1228/21TEY). 2. City Council authorize the City Solicitor to retain such outside consultants as may be necessary to oppose said appeal. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding said appeal and City Council authorize the City Solicitor to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor and with the Director, Community Planning, Toronto and East York District.
RM45.1adopted
- O Canada - Moment of Silence
CALL TO ORDER: 9:38 a.m. Speaker Nunziata took the Chair and called the Members to order. The meeting opened with O Canada. June 15, 2022 Members of Council observed a moment of silence and remembered: Alex Eisen Lynette Sue-Kam-Ling 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. June 16, 2022 Members of Council observed a moment of silence and remembered: Bruce Bingham Alexander Andrew Simon
CC45.2adopted
Declaration of Vacancy in the Office of Councillor, Ward 1, Etobicoke North
Michael Ford was elected to the Legislative Assembly on June 2, 2022. City Council needs to officially declare the Ward 1, Etobicoke North seat vacant.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council declare a vacancy in the office of Councillor, Ward 1, Etobicoke North.
Staff recommendation as filed
The City Clerk recommends that: 1. City Council declare a vacancy in the office of Councillor, Ward 1, Etobicoke North.
MM45.2adopted
Since the summer of 2021, the parking lot property at 20 Polson Street is being used as an outdoor concert venue called City View. City View is located immediately across the street from Rebel Nightclub and the Cabana Pool Bar located at 11 Polson Street. There is a long history of noise disturbances from the licenced premises at 11 Polson Street on the residents around the Toronto harbour and other residents living in Ward 14. City View does not possess a liquor licence, but liquor has been sold at events at City View through the use of caterer's endorsements authorized by Sections 59 and 60 of Liquor Licence and Control Act Regulation 746/21. It is intended that a caterer's endorsement be used to permit the sale of liquor at special events only and the licensee in which the endorsement is granted must be a different entity then the sponsor of the events. A caterer's endorsement should not be used to operate a licenced premises on a regular basis as if it had its own liquor licence. To determine if City View is overusing the use of caterer's endorsements, City Council should direct the City Solicitor to write to the Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019, to review the previous Alcohol and Gaming Commission of Ontario approvals for caterer's endorsements given to licensees for events at City View. Urgent consideration is being requested as residents continue to be disturbed by noise from City View and more events are scheduled for the upcoming summer.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council direct the City Solicitor to write the Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019, to determine if City View is overusing the use of caterer's endorsements in order to operate on a regular basis as if it were a licenced premises, and to report back to City Council on the Registrar's response to the letter.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Joe Mihevc, recommends that: 1. City Council direct the City Solicitor to write the Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019, to determine if City View is overusing the use of caterer's endorsements in order to operate on a regular basis as if it were a licenced premises, and to report back to City Council on the Registrar's response to the letter.
RM45.2adopted
City Council will confirm the Minutes from the regular meeting held on May 11 and 12, 2022 and the special meeting held on June 1, 2022.
City Council confirmed the Minutes of Council from the regular meeting on May 11 and 12, 2022 and the special meeting on June 1, 2022.
CC45.3adopted
Appointment of Public Members to the Waterfront Toronto Board
At its meeting on May 19, 2022, the Corporations Nominating Panel considered Item NC21.1, Appointment of Public Members to the Waterfront Toronto Board and made recommendations to City Council.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council appoint the following candidates to the Waterfront Toronto Board, at pleasure of Council, for a term of office ending June 16, 2025, and until successors are appointed. Wende Cartwright Laurie Payne Jack Winberg 2. City Council direct that Confidential Attachments 1 to 4 to the report (May 10, 2022) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Waterfront Toronto Board. Confidential Attachments 1 to 4 to the report (May 10, 2022) from the City Clerk remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they relate to personal matters about identifiable individuals being considered for appointment to the Waterfront Toronto Board.
Staff recommendation as filed
The City Clerk transmits the Decision Letter from the Corporations Nominating Panel. The Corporations Nominating Panel recommends that: 1. City Council appoint the following candidates to the Waterfront Toronto Board, at pleasure of Council, for a term of office ending June 16, 2025, and until successors are appointed. Wende Cartwright Laurie Payne Jack Winberg 2. City Council direct that Confidential Attachments 1 to 4 to the report (May 10, 2022) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Waterfront Toronto Board. Candidates' biographies: Wende Cartwright Wende Cartwright is President of Savira Cultural + Capital Projects. She has an extensive background in capital project planning, community development, and creative place-making for clients across North America. In 2019, she was appointed by the City of Toronto to the Waterfront Toronto Board of Directors, and recognized by the Urban Land Institute as a Women's Leadership Initiative Champion. She is currently planning mixed-use development projects in Toronto, Nunavut, Halifax and Boston. Laurie Payne Laurie manages operations and project execution at Osmington Gerofsky Development Corp. Laurie oversees land development strategy, site acquisition, approvals and delivery to the market. With 18 years in the industry, including 5 years with Toronto Community Housing, she has secured approval for over 30 million square feet of development across all asset classes. In 2016, Laurie was named the Urban Land Institute's "40Under40" and is a founder of the Women's Leadership Initiative. Jack Winberg I am educated in business and law and have worked in the land and land development industry for my entire career as both a lawyer and a developer. I am a native Torontonian who is passionate about putting forth an effort to contributing to the success of this City and responding to its ever growing opportunities to continue as wonderful place for its residents to live, work and play. I am married to Judy Winberg and we have 3 children.
MM45.3adopted
Under the Smart Growth for Our Communities Act, 2015 (Bill 73) which came into final effect on July 1, 2016, Subsections 45(1.3) and 45 (1.4) of the Planning Act, as amended, prevent the submission of minor variance applications on properties subject to a privately-initiated Zoning By-law amendment within two years of by-law enactment, unless the municipal council has otherwise "declared by resolution that such an application is permitted". City Council adopted Item EY17.2 , Final Report for Zoning By-law Amendment Application, in regard to 150 Eighth Street at its meeting of September 30, October 1 and 2, 2020. The Bills were enacted for site-specific Zoning By-laws 772-2021 and 773-2021 on October 4, 2021 and came into full force and effect on October 15, 2021, implementing the owner-initiated zoning amendments to permit the construction of a 6-storey building containing 90 residential units, 94 vehicular parking spaces and a total gross floor area of 9,964 square metres. Since that time, the property has changed hands, and the new owners are the non-profit organization, the Canadian Helen Keller Centre. The new owners are proposing a 58-unit deeply affordable rental building geared to persons who are both deaf and blind. These new homes will be affordable for at least 40 years, and will have rents geared to tenant incomes meaning no household will pay more than 30 percent of their income on rent. This project is supported by government funding including through the City of Toronto's Open Door Program which waives development charges, and planning and building permit fees. Providing new deeply affordable and supportive homes to persons with physical and developmental disabilities is a priority for all levels of government, and is a key action in the City's HousingTO 2020-2030 Action Plan. In the early stages of planning for this affordable housing development, a few variances to the recently approved and in-force zoning would be required. These variances are largely driven by revisions required to support the change in tenure from condominium ownership to affordable rental, modular construction and the programing for tenants of the development. Once a site plan application is submitted, further variances may also be identified. Under the Planning Act, as amended, however, this owner will not be able to file for a minor variance application for zoning relief on these matters until October 16, 2023, thus delaying site redevelopment. Permitting a minor variance application for the project site will enable the Canadian Helen Keller Centre to more rapidly begin modular construction of urgently needed deeply affordable homes and City Council's authorization for submission of a minor variance application at this time is warranted. While the minor variance process may be the appropriate process, this resolution is not intended to and does not relay City Council's endorsement of the merits of the application.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council authorize, pursuant to Subsection 45 (1.4) of the Planning Act, submission of a minor variance application in regard to 150 Eighth Street to the former City of Etobicoke Zoning Code and City of Toronto Zoning By-law 569-2013, respectively.
Staff recommendation as filed
Councillor Mark Grimes, seconded by Councillor Ana Bailão, recommends that: 1. City Council authorize, pursuant to Subsection 45 (1.4) of the Planning Act, submission of a minor variance application in regard to 150 Eighth Street to the former City of Etobicoke Zoning Code and City of Toronto Zoning By-law 569-2013, respectively.
RM45.3adopted
Introduction of Committee Reports and New Business from City Officials
Deferred Committee Items: Item EY31.7 Item NY31.2 Other Deferred Matter: DM45.1 R eport of the Executive Committee from Meeting 33 on June 8, 2022 Submitted by Mayor John Tory, Chair Report of the Audit Committee from Meeting 12 on June 6, 2022 Submitted by Councillor Stephen Holyday, Chair Report of the Board of Health from Meeting 37 on May 16, 2022 Submitted by the Board of Health Report of the General Government and Licensing Committee from Meeting 31 on June 7, 2022 Submitted by Councillor Paul Ainslie, Chair Report of the Infrastructure and Environment Committee from Meeting 30 on May 25, 2022 Submitted by Councillor Jennifer McKelvie, Chair Report of the Planning and Housing Committee from Meeting 34 on May 31, 2022 Submitted by Councillor Ana Bailão, Chair Item 8 from the Report of the Etobicoke York Community Council from Meeting 31 on April 19, 2022 Submitted by Councillor Mark Grimes, Chair Report of the Etobicoke York Community Council from Meeting 32 on May 27, 2022 Submitted by Councillor Mark Grimes, Chair Report of the North York Community Council from Meeting 32 on May 24, 2022 Submitted by Councillor James Pasternak, Chair Report of the Scarborough Community Council from Meeting 32 on May 27, 2022 Submitted by Councillor Jennifer McKelvie, Chair Report of the Toronto and East York Community Council from Meeting 33 on May 26, 2022 Submitted by Councillor Gord Perks, Chair New Business submitted by City Officials
Committee Reports and New Business were presented to City Council for consideration.
CC45.4adopted
Appointment of Public Members to the Compliance Audit Committee
At its meeting on May 20 and 24, 2022, the Nominating Panel - Compliance Audit Committee considered Item NB2.1, Appointment of Public Members to the Compliance Audit Committee and made recommendations to City Council.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council appoint the following candidates to the Compliance Audit Committee for a term of office coincident with the term of Council that takes place following the 2022 regular municipal election: a. Sara Gelgor, as Chair; b. Lawrence D'Souza; and c. Ramin Faraji. 2. City Council waive the Public Appointments Policy restriction on multiple appointments with regard to the appointment of Lawrence D'Souza in Part 1 above. 3. City Council appoint the following candidates to the Compliance Audit Committee as alternates in the order listed, for a term of office coincident with the term of Council that takes place following the 2022 regular municipal election, such appointments to be effective only in the event that any vacancies on the committee occur: 1. Jane Waechter; and 2. Joe Wong. 4. City Council direct that Confidential Attachments 1 to 5 to the report (May 9, 2022) from the City Clerk remain confidential in their entirety, as they relate to personal matters about identifiable individuals being considered for appointment to the Compliance Audit Committee. Confidential Attachments 1 to 5 to the report (May 9, 2022) from the City Clerk remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they relate to personal matters about identifiable individuals being considered for appointment to the Compliance Audit Committee.
Staff recommendation as filed
The City Clerk transmits the Decision Letter from the Nominating Panel - Compliance Audit Committee. The Nominating Panel - Compliance Audit Committee recommends that: 1. City Council appoint the following candidates to the Compliance Audit Committee for a term of office coincident with the term of Council that takes place following the 2022 regular municipal election: a. Sara Gelgor, as Chair; b. Lawrence D'Souza; and c. Ramin Faraji. 2. City Council waive the Public Appointments Policy restriction on multiple appointments with regard to the appointment of Lawrence D'Souza in Recommendation 1 above. 3. City Council appoint the following candidates to the Compliance Audit Committee as alternates in the order listed, for a term of office coincident with the term of Council that takes place following the 2022 regular municipal election, such appointments to be effective only in the event that any vacancies on the committee occur: 1. Jane Waechter; and 2. Joe Wong. 4. City Council direct that Confidential Attachments 1 to 5 to the report (May 9, 2022) from the City Clerk remain confidential in their entirety, as they relate to personal matters about identifiable individuals being considered for appointment to the Compliance Audit Committee. Candidates' biographies: Sara Gelgor Sara Gelgor is an experienced legal, compliance, ethics, governance and sustainability professional, and has held senior leadership roles in the Canadian financial services sector for over twenty years. She is a Public Director and Audit Committee member of the Financial Advisors Association of Canada and is a past chair of North York General Hospital Foundation's Audit Committee. Sara currently teaches corporate ethics in the Governance Professionals of Canada designation program. She holds a Bachelor of Arts from the University of Toronto, a Bachelor of Laws from Queen's University, a Master of Laws from Cambridge University, an Master of Business Administration from the Rotman School of Management, and the Graduate Diploma in Corporate and Social Responsibility from the University of St. Michael's College in the University of Toronto. Sara earned the Institute of Corporate Directors, Director corporate directors' designation and the Ontario Bar Association Certification in Adjudicative Tribunal Competencies. Lawrence D'Souza Lawrence D'Souza, a Certified Practicing Accountant and a Certified Internal Auditor, brings a diverse set of skills and real-world experience from the private and public sectors in finance, audit, risk management, policy and corporate governance. He holds multiple professional designations and certifications in management, accounting, auditing and risk management. Besides the private sector, he has worked for the Canadian federal and Ontario provincial governments. Ramin Faraji As an experienced and multi-disciplinary professional with extensive financial management experience and in-depth knowledge of the Municipal Election Act, 1996 and its Campaign Finance rules, Ramin Faraji has the technical skills and experience to make sound, and unbiased decisions on applications for compliance audits. Jane Waechter Jane Waechter has over 25 years of litigation and financial services industry experience. She has led in-house litigation teams, has conducted public interest litigation, and is a former partner at a national law firm. Ms. Waechter has appeared as counsel before tribunals and at all levels of court, including the Supreme Court of Canada. She has served on an industry disciplinary tribunal and has extensive experience on not-for-profit boards. She is a certified public accountant, chartered accountant. Joe Wong Joe G. Wong is a lawyer, adjudicator, business executive and long-time resident of the City. He served for 5 years (2008-2013) as a full-time member of the Ontario Municipal Board. He has worked as in-house legal counsel and business executive at leading organizations and major real estate companies. Joe holds a Bachelor of Commerce from the University of British Columbia and a Bachelor of Laws from Osgoode Hall Law School, and was called to the Ontario Bar in 1997.
MM45.4adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence for the premises at 2285 Dundas Street West, operating as The Fry Dundas West (the "Premises"). The application is for an indoor area with a proposed capacity of 20 indoor seats. This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario that the application for a liquor licence at the Premises is not in the public interest having regard to the needs and wishes of the municipality in which the Premises are located, unless certain conditions, addressing the concerns of the community, are attached to the licence. The Premises is located in close proximity to residential units. There are concerns that an establishment with a liquor licence can cause noise and other disturbances to residents in the area. If certain conditions are attached to the licence, these concerns may be mitigated. Under no circumstance should the Premises be granted a liquor sales license without conditions attached. This matter is considered urgent as the deadline for objections is June 10, 2022.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the liquor licence application for The Fry Dundas West, 2285 Dundas Street West (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless certain conditions are placed on the licence and that the Registrar should issue a Proposal to Review the liquor licence application. 2. City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party in any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City Council direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including determining whether the application ought to be refused outright or whether the application can be supported with condition to the liquor licence, all in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Mike Layton, recommends that: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the liquor licence application for The Fry Dundas West, 2285 Dundas Street West (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless certain conditions are placed on the licence and that the Registrar should issue a Proposal to Review the liquor licence application. 2. City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party in any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City Council direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including determining whether the application ought to be refused outright or whether the application can be supported with condition to the liquor licence, all in consultation with the Ward Councillor.
RM45.4received
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.
CC45.5adopted
This report recommends that City Council state its intention to designate the properties at 47-59, 63-65 Huntley Street; 16-18 Linden Street; and 1-3, 7-11 Selby Street under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value. The subject properties comprise part of a broad collection of surviving representative examples, in various Victorian-era architectural styles, of the earliest period of land development on this city block in the Upper Jarvis neighbourhood, which continues to define and maintain remaining portions of late-nineteenth century streetscapes today, including the adjacent heritage properties at 582 Sherbourne Street (1882), 592 Sherbourne Street (1882) and 15 Selby Street (1888). Staff have completed a Research and Evaluation Report for the properties at 47-59, 63-65 Huntley Street; 16-18 Linden Street; and 1-3, 7-11 Selby Street and determined that sixteen properties meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under design/physical, associative/historical, and contextual value. As such, the properties are all significant built heritage resources. On 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. Official Plan Amendment, Plan of Subdivision and Zoning By-law Amendment (21 227527 STE 13 OZ) applications were submitted to the City on October 19, 2021 and a Rental Housing Demolition (21238874 STE 13 RH) was submitted to the City on November 17, 2021 for the subject lands to permit the construction of a new mixed use development which would include 48-storey and 59-storey mixed-use buildings, together containing 1,297 dwelling units, and a 3-storey institutional building planned for a childcare facility. The proposal involves partial retention and alteration of buildings located at 51-59 and 63-65 Huntley Street; 8 and 16-18 Linden Street; and 1-3 and 7-11 Selby Street. A Heritage Impact Assessment (HIA) completed by ERA Architects Inc. and dated October 14, 2021 was submitted to support the application. None of the properties are on the Heritage Register. The City Clerk issued a complete application notice for the planning applications on February 4, 2022.The property owners agreed to extend the 90 day period under the Act until June 30, 2022. This Notice of Intention to Designate report must be considered by City Council before the end of the June 30, 2022 extension period. Designation under the Ontario Heritage Act enables City Council to review proposed alterations for the properties, enforce heritage property standards and maintenance, and refuse demolition.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council state its intention to designate the property at 47 Huntley Street (including the entrance address at 2 Linden Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 47 Huntley Street (2 Linden Street) (Reasons for Designation) attached as Attachment 3 to the report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 2. City Council state its intention to designate the property at 49 Huntley Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 49-59 Huntley Street (Reasons for Designation) attached as Attachment 4 to the report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 3. City Council state its intention to designate the property at 51 Huntley Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 49-59 Huntley Street (Reasons for Designation) attached as Attachment 4 to the report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 4. City Council state its intention to designate the property at 53 Huntley Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 49-59 Huntley Street (Reasons for Designation) attached as Attachment 4 to the report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 5. City Council state its intention to designate the property at 55 Huntley Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 49-59 Huntley Street (Reasons for Designation) attached as Attachment 4 to the report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 6. City Council state its intention to designate the property at 57 Huntley Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 49-59 Huntley Street (Reasons for Designation) attached as Attachment 4 to the report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 7. City Council state its intention to designate the property at 59 Huntley Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 49-59 Huntley Street (Reasons for Designation) attached as Attachment 4 to the report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 8. City Council state its intention to designate the property at 63 Huntley Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 63-65 Huntley Street (1A-1B Selby Street) (Reasons for Designation) attached as Attachment 5 to the Report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 9. City Council state its intention to designate the property at 65 Huntley Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 63-65 Huntley Street (1A-1B Selby Street) (Reasons for Designation) attached as Attachment 5 to the report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 10. City Council state its intention to designate the property at 16 Linden Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 16-18 Linden Street (Reasons for Designation) attached as Attachment 6 to the report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 11. City Council state its intention to designate the property at 18 Linden Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 16-18 Linden Street (Reasons for Designation) attached as Attachment 6 to the report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 12. City Council state its intention to designate the property at 1 Selby Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 1-3 Selby Street (Reasons for Designation) attached as Attachment 7 to the report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 13. City Council state its intention to designate the property at 3 Selby Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 1-3 Selby Street (Reasons for Designation) attached as Attachment 7 to the report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 14. City Council state its intention to designate the property at 7 Selby Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 7-11 Selby Street (Reasons for Designation) attached as Attachment 8 to the report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 15. City Council state its intention to designate the property at 9 Selby Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 7-11 Selby Street (Reasons for Designation) attached as Attachment 8 to the report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 16. City Council state its intention to designate the property at 11 Selby Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 7-11 Selby Street (Reasons for Designation) attached as Attachment 8 to the report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 17. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating these 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 property at 47 Huntley Street (including the entrance address at 2 Linden Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 47 Huntley Street (2 Linden Street) (Reasons for Designation) attached as Attachment 3 to the Report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 2. City Council state its intention to designate the property at 49 Huntley Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 49-59 Huntley Street (Reasons for Designation) attached as Attachment 4 to the Report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 3. City Council state its intention to designate the property at 51 Huntley Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 49-59 Huntley Street (Reasons for Designation) attached as Attachment 4 to the Report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 4. City Council state its intention to designate the property at 53 Huntley Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 49-59 Huntley Street (Reasons for Designation) attached as Attachment 4 to the Report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 5. City Council state its intention to designate the property at 55 Huntley Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 49-59 Huntley Street (Reasons for Designation) attached as Attachment 4 to the Report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 6. City Council state its intention to designate the property at 57 Huntley Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 49-59 Huntley Street (Reasons for Designation) attached as Attachment 4 to the Report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 7. City Council state its intention to designate the property at 59 Huntley Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 49-59 Huntley Street (Reasons for Designation) attached as Attachment 4 to the Report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 8. City Council state its intention to designate the property at 63 Huntley Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 63-65 Huntley Street (1A-1B Selby Street) (Reasons for Designation) attached as Attachment 5 to the Report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 9. City Council state its intention to designate the property at 65 Huntley Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 63-65 Huntley Street (1A-1B Selby Street) (Reasons for Designation) attached as Attachment 5 to the Report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 10. City Council state its intention to designate the property at 16 Linden Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 16-18 Linden Street (Reasons for Designation) attached as Attachment 6 to the Report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 11. City Council state its intention to designate the property at 18 Linden Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 16-18 Linden Street (Reasons for Designation) attached as Attachment 6 to the Report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 12. City Council state its intention to designate the property at 1 Selby Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 1-3 Selby Street (Reasons for Designation) attached as Attachment 7 to the Report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 13. City Council state its intention to designate the property at 3 Selby Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 1-3 Selby Street (Reasons for Designation) attached as Attachment 7 to the Report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 14. City Council state its intention to designate the property at 7 Selby Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 7-11 Selby Street (Reasons for Designation) attached as Attachment 8 to the Report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 15. City Council state its intention to designate the property at 9 Selby Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 7-11 Selby Street (Reasons for Designation) attached as Attachment 8 to the Report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 16. City Council state its intention to designate the property at 11 Selby Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 7-11 Selby Street (Reasons for Designation) attached as Attachment 8 to the Report (June 6, 2022) from the Chief Planner and Executive Director, City Planning. 17. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating these properties under Part IV, Section 29 of the Ontario Heritage Act.
MM45.5adopted
The transit map in Scarborough is changing. The Scarborough Subway Extension, the Bus Rapid Transit, GO expansion and the Eglinton East Light Rail Transit are going to transform Scarborough. But there's one piece missing - the Line 4 Sheppard East Subway Extension to the McCowan/Sheppard Station. The original Line 4 Sheppard Subway from Yonge to Don Mills was constructed in the 1990s and completed in 2002, with a future extension planned to go east toward McCowan Road. Since then, Scarborough residents and businesses have been patiently waiting for the Line 4 extension east to McCowan Road to connect with the Scarborough Subway Extension. While the Province of Ontario has indicated that an extension of the Sheppard Subway east to McCowan Road is in their budget, there is no clear approach or timing to advance the planning for the extension of Line 4.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council request the Executive Director, Transit Expansion and the Chief Planner and Executive Director, City Planning, to request the Province of Ontario and Metrolinx to provide the approach and timing to advance the planning for the Line 4 extension from Don Mills Station to the new McCowan/Sheppard Station on the Scarborough Subway Expansion.
Staff recommendation as filed
Councillor Cynthia Lai, seconded by Councillor Nick Mantas, recommends that: 1. City Council request the Executive Director, Transit Expansion and the Chief Planner and Executive Director, City Planning, to request the Province of Ontario and Metrolinx to provide the approach and timing to advance the planning for the Line 4 extension from Don Mills Station to the new McCowan/Sheppard Station on the Scarborough Subway Expansion.
RM45.5received
Members of Council may file petitions.
No petitions were filed during the Routine Matters portion of the meeting.
CC45.6adopted
The purpose of this report is to seek instruction with respect to an application to alter a property that Council has designated under the Ontario Heritage Act. The designation was originally appealed to the Ontario Land Tribunal ("OLT"), but the owner has since withdrawn the appeal of the designation. The owner has provided a revised development proposal that depicts the retention of the heritage designated buildings. An OLT hearing has been scheduled with respect to the rezoning appeal for April 3-19, 2023.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 27, 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 27, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 27, 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 27, 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 properties at 1354, 1358 and 1360 Queen Street West in accordance with Section 33 of the Ontario Heritage Act to allow for alterations substantially in accordance with the plans and drawings dated April 22, 2022, prepared by Giannone Petricone Associates (GPA), on file with the Senior Manager, Heritage Planning, Urban Design, City Planning and the Heritage Impact Assessment prepared by ERA Architects Inc. dated April 22, 2022, and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, all subject to and in accordance with the 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 properties at 1354, 1358 and 1360 Queen Street West Part IV, Section 33 of the Ontario Heritage is also subject to the following conditions: a. the Ontario Land Tribunal has approved the Official Plan and Zoning By-law Amendment Application for 1358-1360 and 1354-1356 Queen Street West and 8-10, 12 and 14 Brock Avenue (20 200379 STE 04 OZ) substantially in accordance with the plans and drawings dated April 22, 2022, prepared by Giannone Petricone Associates; b. should the Ontario Land Tribunal approve the Zoning By-law Amendment application, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of the final Order on the Zoning By-law Amendment appeal until such time as the owner has done the following: 1. enter into a Heritage Easement Agreement with the City for the property at 1354, 1358 and 1360 Queen Street West in accordance with the plans and drawings dated April 22, 2022, prepared by Giannone Petricone Associates (GPA) and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, the Heritage Impact Assessment prepared by ERA Architects, dated April 22, 2022, and in accordance with the Conservation Plan required in Part 2.b.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 1354, 1358 and 1360 Queen Street West, prepared by ERA Architects Inc., dated April 22, 2022, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning; c. 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.b.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 properties, such Amendment to have come into full force and effect; 3. provide a Heritage Lighting Plan that describes how the exterior of the heritage properties 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; 4. provide an Interpretation Plan for the subject properties, 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 5. submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Planning; d. prior to the issuance of any permit for all or any part of the properties at 1354, 1358 and 1360 Queen Street West 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.b.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; 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 e. prior to the release of the Letter of Credit required in Part 2.d.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 1354, 1358 and 1360 Queen Street West 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 City Council authorizing the entering into of a Heritage Easement Agreement for the properties at 1354, 1358 and 1360 Queen Street West. The balance of Confidential Attachment 1 to the report (May 27, 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 Confidential Attachment 1 to remain confidential as it contains advice which is subject to solicitor-client privilege.
MM45.6amended
As part of the HousingTO 2020-2030 Action Plan ("HousingTO Plan"), the City and Indigenous Housing Organizations co-developed a target to approve and create 5,200 affordable rental and supportive homes for Indigenous communities. Since the adoption of the HousingTO Plan, the City has approved approximately 120 affordable rental and supportive homes. The Planning and Housing Commitee adopted, with amendments, Item PH34.8 , that recommended approval of two Indigenous-led projects with 43 affordable rental homes as part of the 2021 Open Door annual proposal call process.. One of these projects is a proposal by Gabriel Dumont Non-Profit Homes (Metro Toronto) Inc. to develop 19 new affordable rental homes at 4201 and 4203 Kingston Road, a site currently owned and operated by Gabriel Dumont Non-Profit Homes (Metro Toronto) Inc. as affordable housing. Gabriel Dumont Non-Profit Homes (Metro Toronto) Inc. has identified an opportunity to further increase the number of affordable rental homes that can be created, should they be able to access a narrow strip of greenspace between the Maplewood school's parking lot and Gabriel Dumont Non-Profit Homes (Metro Toronto) Inc.'s property. The Toronto District School Board parcel identified for severance is roughly 2,000 square metres, less than 4 percent of the Maplewood site. The Maplewood site includes significant greenspace including a large field to the south of the school building. Should this portion of land be conveyed to Gabriel Dumont Non-Profit Homes (Metro Toronto) Inc., the combined project site could support 60 to 80 new affordable homes (instead of 19 affordable rental homes currently proposed). It is also requested the Province of Ontario and/or the Minister of Education and Training to exempt this property and transaction from Ontario Regulation 444/98, Disposition of Surplus Property so that the land can be conveyed to Gabriel Dumont Non-Profit Homes (Metro Toronto) Inc. at nominal cost. Transferring this land to Gabriel Dumont Non-Profit Homes (Metro Toronto) Inc. would result in creating new deeply affordable, culturally-appropriate housing for the Indigenous community in Scarborough, and has the opportunity make a significant impact and contribute to reconciliation with Indigenous peoples. In addition to this site, it is requested that the Province of Ontario and/or the Minister of Education and Training request the Toronto District School Board and the Toronto Land Corporation to review their real estate holdings and, together with Indigenous organizations, identify surplus land that can be conveyed at nominal cost for the purpose of creating new affordable and supportive homes for Indigenous residents and other place keeping efforts. These actions will support the City's continued work with Miziwe Biik Development Corporation and other Indigenous housing providers to increase affordable housing opportunities for Indigenous residents. Supporting the creation of new permanently affordable and supportive homes by Indigenous organizations are tangible actions that reflect the City's commitment to truth, justice and reconciliation with Indigenous Peoples and as such contribute to meaningful implementation of the City's Reconciliation Action Plan.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council request the Board of Directors, CreateTO to direct the Chief Executive Officer, CreateTO, in consultation with the Executive Director, Housing Secretariat, the General Manager, Senior Services and Long-Term Care and the Director, Indigenous Affairs Office to explore the feasibility of non-profit housing with the Indigenous Community of the City of Toronto, which may include an Indigenous focused long-term care facility at any future City of Toronto led redevelopment of 200 Poplar Road, acknowledging the required financial obligations of the City of Toronto to deliver a future elementary school for the Toronto District School Board. 2. City Council request the Board of Directors, CreateTO to direct the Chief Executive Officer, CreateTO and the Executive Director, Housing Secretariat, to engage with Gabriel Dumont Non-Profit Homes (Metro Toronto) Inc. to understand any interest they may have to partner with the City of Toronto at any future City of Toronto led redevelopment. 3. City Council request the Toronto District School Board and the Toronto Land Corporation to prioritize the review of the request by Gabriel Dumont Non-Profit Homes (Metro Toronto) Inc. to convey a portion of the greenspace between the parking lot of the Maplewood High School and the property at 4201 and 4203 Kingston Road to Gabriel Dumont Non-Profit Homes (Metro Toronto) Inc. and consider conveying these lands at lower than market value or nominal cost, to contribute to truth, justice and reconciliation with Indigenous Peoples. 4. City Council request the Province of Ontario and/or the Minister of Education and Training to request the Toronto District School Board and the Toronto Land Corporation to develop a list of surplus sites, in collaboration with the Housing Secretariat and Miziwe Biik Development Corporation, that can be conveyed to Indigenous housing developers at lower than market or nominal cost for the purpose of building permanently affordable rental housing for Indigenous communities, and exempt such sites and transactions from the requirements of Ontario Regulation 444/98, Disposition of Surplus Property, in order to advance the organizations' commitments to truth, justice and reconciliation with Indigenous Peoples.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Paula Fletcher, recommends that: 1. City Council request the Province of Ontario and/or the Minister of Education and Training to: a. exempt the property and the transaction referred to in Part 2 below from the requirements of Ontario Regulation 444/98, Disposition of Surplus Property; and b. request the Toronto District School Board and the Toronto Land Corporation to convey said property to Gabriel Dumont Non-Profit Homes (Metro Toronto) Inc. at nominal cost for the purpose of building permanently affordable rental housing for Indigenous communities. 2. City Council request the Toronto District School Board and the Toronto Land Corporation to prioritize the review of the request by Gabriel Dumont Non-Profit Homes (Metro Toronto) Inc. to convey a portion of the greenspace between the parking lot of the Maplewood High School and the property at 4201 and 4203 Kingston Road to Gabriel Dumont Non-Profit Homes (Metro Toronto) Inc. 3. City Council request the Province of Ontario and/or the Minister of Education and Training to request the Toronto District School Board and the Toronto Land Corporation to develop a list of surplus sites, in collaboration with the Housing Secretariat and Miziwe Biik Development Corporation, that can be conveyed to Indigenous housing operators at nominal cost for the purpose of building permanently affordable rental housing for Indigenous communities, and exempt such sites and transactions from the requirements of Ontario Regulation 444/98, Disposition of Surplus Property.
RM45.6received
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 June 15 and 16, 2022. June 15, 2022 Speaker Nunziata, during the morning session of the meeting, welcomed the Grade 4 students from Ryerson Community School who were present in the Chamber. Mayor Tory, during the afternoon session of the meeting, welcomed newly appointed Members Councillor Robin Buxton Potts and Councillor Joe Mihevc. Speaker Nunziata also welcomed the new Members to City Council. June 16, 2022 Councillor Thompson, during the morning session of the meeting, advised Members of Council that the City of Toronto had received the 2022 Partnership Award from Drinks Ontario for the CafeTO program. Councillor Thompson remarked that the Award recognized the City's contribution to the hospitality sector and its efforts to help businesses in Toronto. Councillor Thompson, on behalf of Drinks Ontario, presented the Award to Mayor John Tory. Councillor Pasternak, during the morning session of the meeting, advised Members of Council that June 13, 2022 was the 100th Anniversary of the founding the Township of North York.
CC45.7adopted
The purpose of this report is to seek instruction with respect to an application to alter a property that has been designated under Part 4 of the Ontario Heritage Act. Authority is also requested to enter into a Heritage Easement Agreement for the properties at 1134 and 1140 Yonge Street. The owner has provided a revised development proposal that proposes the retention of the heritage designated buildings. The revised development proposal has been considered by City Council, in the form of the owner's settlement offer to the City, which has been accepted by City Council. The outstanding matters to be considered by City Council are with respect to the heritage alteration aspects of the revised development proposal.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 30, 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 30, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 30, 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 30, 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 properties at 1134 and 1140 Yonge Street in accordance with Section 33 of the Ontario Heritage Act to allow for alterations substantially in accordance with the plans and drawings dated April 27, 2022, prepared by Audax Architects Inc., on file with the Senior Manager, Heritage Planning, Urban Design, City Planning and the Heritage Impact Assessment prepared by ERA Architects Inc. dated April 27, 2022, and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning. 2. 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 1134 and 1140 Yonge Street, in a form satisfactory to the City Solicitor and content satisfactory to the Chief Planner and Executive Director, City Planning. 3. City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into of a Heritage Easement Agreement for the properties at 1134 and 1140 Yonge Street. The balance of Confidential Attachment 1 to the report (May 30, 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 Confidential Attachment 1 to remain confidential as it contains advice which is subject to solicitor-client privilege.
MM45.7adopted
This Motion seeks approval to release Section 37 funds in the amount of $350,000 to the York Eglinton Business Improvement Area for retrofits and improvements to Reggae Lane. The Business Improvement Area will maintain all improved elements once constructed. These funds have been received from the development and are eligible for these purposes. The local Councillor, City of Toronto Staff and the York-Eglinton Business Improvement Area are working in partnership to make Reggae Lane a vibrant and safe public space. The improvements initiated for Reggae Lane are holistic, and involve a multi-divisional approach. On this project in particular, a consultant and contractor will be engaged to identify and address opportunities to retrofit/rebuild the existing retaining wall and fence, and other noted concerns raised by the local community. These improvements will enhance the pedestrian experience and further animate this iconic space that was originally meant to celebrate our city's reggae musicians and cultural heritage of Little Jamaica.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council increase the 2022-2031 Approved Capital Budget and Plan for Economic Development and Culture by $350,000 gross and $0 debt in project costs with cash flow funding of $50,000 in 2022 and cash flow commitments of $250,000 in 2023 and $50,000 in 2024 , fully funded by Section 37 funds obtained from the development at 859, 861 and 875 Eglinton Avenue West and 2020 Bathurst Street (Source Account: XR3026-3701174), for the laneway improvements to Reggae Lane, in the York Eglington Business Improvement Area (WBS element: CED104-28 - Planning Act Revenue York Eglinton).
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Colle, recommends that: 1. City Council increase the 2022-2031 Approved Capital Budget and Plan for Economic Development and Culture by $350,000 gross and $0 debt in project costs with cash flow funding of $50,000 in 2022 and cash flow commitments of $250,000 in 2023 and $50,000 in 2024 , fully funded by Section 37 funds obtained from the development at 859, 861 and 875 Eglinton Avenue West and 2020 Bathurst Street (Source Account: XR3026-3701174), for the laneway improvements to Reggae Lane, in the York Eglington Business Improvement Area (WBS element: CED104-28 - Planning Act Revenue York Eglinton).
RM45.7amended
City Council will review the Order Paper.
June 15, 2022: City Council adopted the June 15, 2022 Order Paper, as amended and all other Items not held on consent. June 16, 2022: City Council adopted the June 16, 2022 Order Paper.
CC45.8adopted
On July 27, 2018, City Council enacted By-law 1207-2018, adopting a Community Improvement Plan for Brownfield Remediation and Development of Prescribed Employment Uses ("By-law 1207-2018"). By-law 1207-2018 was appealed to the Ontario Land Tribunal ("OLT" or "Tribunal") by Brookfield Properties (Canada) Inc. ("Brookfield") and by Oxford Properties Group ("Oxford"). The Brookfield appeal has since been withdrawn. The purpose of this report is to seek instructions in respect of the outstanding Oxford appeal of By-law 1207-2018. City Planning Division and Economic Development and Culture Division have been involved in the preparation of this report.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 6, 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 (June 6, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 6, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains information that pertains to litigation and is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (June 6, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council endorse the Proposed Modifications to Schedule 1 to By-law 1207-2018, being the Toronto Community Improvement Plan for Brownfield Remediation and Development of Prescribed Employment Uses, as set out in Confidential Appendix A to the report (June 6, 2022) from the City Solicitor. 2. City Council authorize the City Solicitor and any other City staff to support the Proposed Modifications at the Ontario Land Tribunal. 3. City Council authorize the City Solicitor to make such technical and stylistic changes to Schedule 1 to By-law 1207-2018 and take such further actions, along with other City staff, as necessary to give effect to City Council's decision. Confidential Appendix A to the report (June 6, 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 (June 6, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation and it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (June 6, 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 pertaining to litigation and subject to solicitor-client privilege.
MM45.8adopted
Pickleball is the fastest growing sports in the world and Toronto is no exception. A recent Ipsos survey reports more than 900,000 households are now playing pickleball, compared to 350,000 pre-pandemic. The City of Toronto recognized the growth of pickleball in its 2017 Parks and Recreation Facilities Master Plan. It is a game for all ages but is especially popular among seniors because it affords a great opportunity for exercise as well as the health benefits derived from remaining active. The number of facilities currently available do not come close to serving the demand and the number of players. Though the Infrastructure and Environment Committee has requested a report in the first quarter of 2023 on expanding pickleball facilities in Toronto, there are interim steps that can be taken to meet the quickly growing needs of Torontonians for access to pickleball facilities and the health benefits ensuing from physical recreation. The Toronto Pickleball Alliance is a volunteer group of pickleball leaders acting on behalf of more than a dozen grassroots pickleball associations, clubs and sports groups across Toronto. They are reporting that their members are told when seeking permits to play scheduled outdoor pickleball on various underutilized flat surfaces that Parks and Recreation "does not permit pickleball".
City Council on June 15 and 16, 2022, adopted the following: 1. City Council request the General Manager, Parks, Forestry and Recreation to develop a mechanism for permitting playing outdoor pickleball this summer on various underutilized flat surfaces in City parks and City Council request the General Manager Parks, Forestry and Recreation to include an update on this information in the report on pickleball requested by the Infrastructure and Environment Committee at its meeting on April 26, 2022. 2. City Council request the General Manager, Parks, Forestry and Recreation to consider adding, where feasible, pickleball court lines to be painted on underutilized flat surfaces and facilities this summer - such as outdoor hockey rinks, various flat dry pad locations, and underutilized tennis courts.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Brad Bradford, recommends that: 1. City Council request the General Manager, Parks, Forestry and Recreation to develop a mechanism for permitting playing outdoor pickleball this summer on various underutilized flat surfaces in City parks and City Council request the General Manager Parks, Forestry and Recreation to include an update on this information in the report on pickleball requested by the Infrastructure and Environment Committee at its meeting on April 26, 2022. 2. City Council request the General Manager, Parks, Forestry and Recreation to consider adding, where feasible, pickleball court lines to be painted on underutilized flat surfaces and facilities this summer - such as outdoor hockey rinks, various flat dry pad locations, and underutilized tennis courts.
CC45.9adopted
Downtown Priority Retail Streets - City-initiated Zoning By-law Amendment - Request for Directions
On November 26 and 27, 2019, City Council enacted Zoning By-laws 1681-2019 and 1682-2019, which amended former City of Toronto Zoning By-law 438-86 and City-wide Zoning By-law 569-2013 for the Downtown Urban Growth Centre regarding zoning requirements for streets designated as Priority Retail Streets in the Downtown Secondary Plan. The Zoning By-laws were subsequently appealed to the Ontario Land Tribunal ("OLT") by 7 appellants. Six of the Seven Appellants remain and their appeals are site-specific in nature. The purpose of this report is to request further instructions for an ongoing matter before the OLT.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 6, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff Confidential Attachment 1 and Confidential Appendix A to the report (June 6, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 6, 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 (June 6, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the settlement offer as generally described in Confidential Appendix A to the report (June 6, 2022) from the City Solicitor. 2. City Council instruct the City Solicitor and other appropriate staff to attend the Ontario Land Tribunal in support of the proposed modifications to the Priority Retail Streets Zoning By-laws to implement the Settlement Offer as it relates to the lands identified in Confidential Appendix A to the report (June 6, 2022) from the City Solicitor. 3. City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning to take any such steps to give effect to implement Council's Decision. Confidential Appendix A to the report (June 6, 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 (June 6, 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 (June 6, 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 (June 6, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 and Confidential Appendix "A" to the report (June 6, 2022) from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report (June 6, 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.
MM45.9adopted
The Chinese Cultural Centre of Greater Toronto, located at 5183 Shepard Avenue East, is a vibrant multicultural, community-focused hub that has served the diverse community in Ward 23 (Scarborough) for over 30 years. The organization has been working with Parks, Forestry and Recreation on a project to install an Asian Garden in Rosebank Park, located at 1050 Progress Avenue, situated adjacent to the Chinese Cultural Centre of Greater Toronto building. The proposed Asian Garden will be donated to the City of Toronto, subject to the Donations to the City of Toronto for Community Benefits Policy, and will be fully funded by a grant awarded to the Chinese Cultural Centre of Greater Toronto through the Investing in Canada Infrastructure Program, in addition to private fundraising efforts being undertaken by the organization. While garden elements are still yet to be determined, Parks, Forestry and Recreation staff are working with the Chinese Cultural Centre of Greater Toronto on a design that is suitable for the space in Rosebank Park, and will work in partnership to develop a long-term maintenance plan, also funded by the Chinese Cultural Centre of Greater Toronto, that will support the new asset, including new infrastructure and landscaping features. This Motion will give the Chinese Cultural Centre of Greater Toronto the support it needs to continue to fundraise privately for the project, in compliance with the Donations to the City of Toronto for Community Benefits Policy, and will allow Parks, Forestry and Recreation to continue to work with the organization to approve a design that meets operational and maintenance requirements. The Motion will also authorize Parks, Forestry and Recreation to develop a community consultation plan to inform residents of the project once the design has been determined. The General Manager, Parks, Forestry and Recreation will report back to the Infrastructure and Environment when all parties have agreed on the design and maintenance plan, and once all funds have been raised by the Chinese Cultural Centre of Greater Toronto for the project, to seek authority to enter into the appropriate agreements with the Chinese Cultural Centre of Greater Toronto.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council endorse in principle the use of the parkland at 1051 Progress Avenue (Rosebank Park) by the Chinese Cultural Centre for the implementation of an Asian Garden Project, subject to approval of design by Parks, Forestry and Recreation staff, and provided that the project shall be fully funded by the Chinese Cultural Centre of Greater Toronto and at no cost to the City, 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 engage the community on the proposed design through a comprehensive engagement process, including the collection of basic personal information of participants such as emails and postal codes, necessary to the proper administration of this initiative in order to better understand who is being engaged and keep participants informed of project progress. 3. City Council direct the General Manager, Parks, Forestry and Recreation to report back to the Infrastructure and Environment Committee on the results of the community consultations and negotiations with the Chinese Cultural Centre of Greater Toronto, and City Council direct the General Manager, Parks, Forestry and Recreation to seek authority for any future agreements with the Chinese Cultural Centre of Greater Toronto to implement the project.
Staff recommendation as filed
Councillor Cynthia Lai, seconded by Mayor John Tory, recommends that: 1. City Council endorse in principle the use of the parkland at 1051 Progress Avenue (Rosebank Park) by the Chinese Cultural Centre for the implementation of an Asian Garden Project, subject to approval of design by Parks, Forestry and Recreation staff, and provided that the project shall be fully funded by the Chinese Cultural Centre of Greater Toronto and at no cost to the City, 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 engage the community on the proposed design through a comprehensive engagement process, including the collection of basic personal information of participants such as emails and postal codes, necessary to the proper administration of this initiative in order to better understand who is being engaged and keep participants informed of project progress. 3. City Council direct the General Manager, Parks, Forestry and Recreation to report back to the Infrastructure and Environment Committee on the results of the community consultations and negotiations with the Chinese Cultural Centre of Greater Toronto, and City Council direct the General Manager, Parks, Forestry and Recreation to seek authority for any future agreements with the Chinese Cultural Centre of Greater Toronto to implement the project.
CC45.10adopted
The purpose of this report is to seek instruction for a matter before the Ontario Land Tribunal (OLT).
City Council on June 15 and 16, 2022, adopted the following: 1. Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 6, 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 (June 6, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 6, 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 (June 6, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the Further Revised Settlement Offer set out in Confidential Appendix A to the report (June 6, 2022) from the City Solicitor and City Council authorize the City Solicitor to take all necessary steps to give effect to a revised settlement. 2. City Council authorize the City Solicitor and appropriate City Staff to advise the Ontario Land Tribunal that the City supports the revisions to the development proposal as set out in Confidential Appendix A to the report (June 6, 2022) from the City Solicitor, provided that a draft Zoning By-law is in a form satisfactory to the City Solicitor. Confidential Appendix A to the report (June 6, 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 (June 6, 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. Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. The recommendations contained in the Confidential Attachment 1 to this report and Appendix A be made public at such time as Council adopts the recommendations. All other information contained in the Confidential Attachment 1 is to remain confidential.
MM45.10not adopted
This Motion seeks information regarding the operation of City water fountains and bathrooms. It should go without saying that hydrating and the use of bathroom facilities are basic human requirements. Yet, according to City of Toronto communications, 30 percent of water fountains and bathrooms were still closed as of June 6, 2022. The lack of access to water and bathrooms in public parks limits all Torontonians' enjoyment of our parks and beaches but has a disproportionate effect on seniors, children, people experiencing homelessness, and those with certain health issues. For many, the lack of a bathroom equates to a lack of access. It is unfair and unacceptable that our public spaces are essentially not available for far too many residents. This Motion requests the General Manager, Parks, Forestry and Recreation to report to the July 7, 2022 meeting of the Infrastructure and Environment Committee with answers as to why these basic facilities are not yet open. Although it is already late in the season, this information is necessary to act on so that this is never repeated.
City Council on June 15 and 16, 2022, did not adopt Motion MM45.10.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Layton, recommends that: 1. City Council request the General Manager, Parks, Forestry and Recreation, to report to the July 7, 2022 meeting of the Infrastructure and Environment Committee with answers to the following questions: a. is there a Service Standard, or target date, for when all City water fountains and bathrooms (excluding those under major capital repair) are scheduled to be open; b. what is the average date by which all City water fountains and bathrooms have been opened in the last 10 years; c. what is the cost, per water fountain and bathroom, to decommission in the winter and bring back online in the spring; d. what is the total City Budget for '3'; and e. how many Staff are dedicated to performing '3'?
CC45.11adopted
The applicant appealed its request to amend the City of Toronto Official Plan and Zoning By-law Amendment application to the Ontario Land Tribunal (the "Tribunal") on November 23, 2017 and February 2, 2018. City Council adopted recommendations of a report from the City Solicitor (July 17, 2018) at its meeting of July 23, 24, 25, 26, 27, and 30 2018 (Item CC44.39) in respect of that appeal. Further direction from City Council is required on this matter.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 6, 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, C, and D to the report (June 6, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 6, 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 (June 6, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council endorse the proposed development as described in the draft Official Plan Amendment attached as Confidential Appendix B, the draft zoning by-law amendment attached as Confidential Appendix C, and as shown on the plans and drawings attached as Confidential Appendix D to the report (June 6, 2022) from the City Solicitor (collectively, the "Revised Proposal"). 2. City Council authorize and direct the City Solicitor and appropriate City staff to appear before the Ontario Land Tribunal in support of the Revised Proposal for the lands municipally known as 572 Church Street. 3. City Council direct the City Solicitor and the Chief Planner and Executive Director, City Planning or designate to not accept any further modifications from the appellant to the Revised Proposal that are not proposed through the submission of new development applications in accordance with the Planning Act for the lands municipally known as 572 Church Street. Confidential Appendices A, B, C and D to the report (June 6, 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 (June 6, 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 (June 6, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the Report (June 6, 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", Confidential Appendix "C", and Confidential Appendix "D" to the Report (June 6, 2022) from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the Report (June 6, 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.
MM45.11adopted
Vicky Mantis has been the operator and Sidewalk Vending Permit holder of a hotdog cart on the south side of Bremner Boulevard, 15.3 metres west of York Street for many years. This business has been the main source of their family income. Sadly, Vicky, mother of three, recently passed away and her family has been grieving the loss. Since her passing, her children's caregivers are seeking to have the permit transferred to them to allow them 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-19 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. 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 June 15 and 16, 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 R53-2103272 from Vicky Mantis to 2847858 Ontario Ltd. 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. 2847858 Ontario Ltd. has provided the City with the following to the satisfaction of the Executive Director, Municipal Licensing and Standards: i. a transfer application including such information as required by the Executive Director, Municipal Licensing and Standards; 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 Joe Mihevc, seconded by Councillor Mike Layton, 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 R53-2103272 from Vicky Mantis to 2847858 Ontario Ltd. 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. 2847858 Ontario Ltd. has provided the City with the following to the satisfaction of the Executive Director, Municipal Licensing and Standards: i. a transfer application including such information as required by the Executive Director, Municipal Licensing and Standards; 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.
CC45.12adopted
In August 2014, City Council adopted Official Plan Amendment 246, called Bathurst Street - Queen Street West to Dupont Street ("OPA 246"). The OPA was appealed by two parties, Torgan Management Inc. ("Torgan") in respect of its property at 844 Bathurst Street and University Health Network ("UHN") in respect of the Toronto Western Hospital property, located at 399 Bathurst Street. In December 2016, City Council adopted OPA 349, which came out of the Bathurst - Bloor Four Corners Study. The OPA modified section 9 of OPA 246 insofar as it applies to the four corners of the Bathurst Bloor intersection. OPA 349 was also appealed by Torgan, in respect of its property at 844 Bathurst Street. The appeal by UHN was settled and an order issued by the OLT on May 28, 2021. At that time, OPA 246 (and OPA 349, nested within it) were brought into force on all the subject lands, save and except those owned by the second appellant, Torgan. The purpose of this report is to seek instruction for the two outstanding OLT appeals by Torgan. No OLT hearing has been scheduled yet.
City Council on June 15 and 16, 2022, adopted the following: 1. Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 6, 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 (June 6, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 6, 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 (June 6, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer set out in Confidential Appendix A to the report (June 6, 2022) from the City Solicitor and City Council authorize the City Solicitor to take all necessary steps to give effect to a settlement. 2. City Council authorize the City Solicitor and appropriate City Staff to attend at the Ontario Land Tribunal hearing into this matter in support of the settlement. Confidential Appendix A to the report (June 6, 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 (June 6, 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. Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. The recommendations contained in the Confidential Attachment 1 to this report and Confidential Appendix "A" be made public at such time as Council adopts the recommendations. All other information contained in the Confidential Attachment 1 is to remain confidential.
MM45.12adopted
The City of Toronto has a history of providing community space to not-for-profit corporations at below-market rent rates. The tenants of such spaces are important partners for the City of Toronto to achieve its strategic directions and objectives, however the arts and culture sector is facing significant challenges to accessing affordable space to ensure that Toronto's cultural scene can continue to flourish. The cultural space at 32 Lisgar Street (the Property) was negotiated through Section 37 benefits for the benefit of the local residential community and Toronto's media arts sector for the purposes of providing a first-class venue for the development and enjoyment of media arts and associated creative digital cultural uses. The Property comprises of approximately 30,284 square feet (2,813 square metres) of space and is located in the West Queen West neighbourhood. The City of Toronto will maintain the direction of the original Section 37 agreement to identify a media arts organization that can successfully operate the Property. Economic Development and Culture will be issuing a Request for Expressions of Interest to identify a long term tenant for the Property. The Request for Expressions of Interest will be issued in spring 2022 with the intention of confirming a tenant by the end of the year. While that process is underway, this Motion requests authority for Corporate Real Estate Management to issue licences for short term temporary uses of the Property for non-profit arts and culture organizations, artists and/or artist collectives and to animate the Property prior to a long-term tenant is determined, with temporary uses such as programming, workshop, office and studio spaces. Licences would be issued for a nominal fee to ensure accessibility for non-profit organizations while also covering the Property's operating costs, where possible.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council authorize the Executive Director, Corporate Real Estate Management to enter into and execute, on behalf of the City, short-term licences with not for profit arts and culture organizations, artists, and/or artist collectives for use of 32 Lisgar Street for arts and culture programming on such terms as may be satisfactory to the General Manager, Economic Development and Culture and the Executive Director, Corporate Real Estate Management, and in a form acceptable to the City Solicitor.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Paula Fletcher, recommends that: 1. City Council authorize the Executive Director, Corporate Real Estate Management to enter into and execute, on behalf of the City, short-term licences with not for profit arts and culture organizations, artists, and/or artist collectives for use of 32 Lisgar Street for arts and culture programming on such terms as may be satisfactory to the General Manager, Economic Development and Culture and the Executive Director, Corporate Real Estate Management, and in a form acceptable to the City Solicitor.
CC45.13deferred
87 Ethel Avenue Holdings Ltd. (the "Appellant") is a party to an appeal to Official Plan Amendment 231 ("OPA 231") to the Ontario Land Tribunal ("OLT") regarding the property municipally known as 87 Ethel Avenue (the "Lands"). City Council adopted OPA 231 in 2013 following the Five-Year Official Plan and Municipal Comprehensive Reviews regarding employment lands. OPA 231 re-designates the Lands as Core Employment Areas and the Appellant seeks the Mixed Use Areas designation. The City Solicitor requires further directions.
City Council on June 15 and 16, 2022, deferred consideration of Item CC45.13 to the July 19 and 20, 2022 meeting of City Council.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of the recommendations contained in the Confidential Attachment 1, with the remainder of Confidential Attachment 1 and Confidential Attachment 2 to remain confidential as it contains advice subject to solicitor-client privilege.
MM45.13adopted
At its meeting on May 11 and 12, 2022, City Council adopted, as amended, Item IE29.3 on 2022 Local Road Sidewalk Installations. City Council requested the General Manager, Transportation Services to continue with the planned delivery of sidewalks on Blaydon Avenue (north side from Denbigh Crescent to Whitburn Crescent). City Council also referred the planned service delivery of sidewalks on Denbigh Crescent (south side from Whitburn Crescent to Blaydon Avenue) back to the General Manager, Transportation Services, with a request to reconsider it at a later time after consultation has taken place among staff, the affected residents, and the local Councillor. At the request of the residents of Denbigh Crescent and Blaydon Avenue, this Motion asks City Council to re-open Item IE29.3 adopted by City Council at its meeting on May 11 and 12, 2022, and adopt the recommendation above. REQUIRES RE-OPENING Item IE29.3 (May 11 and 12, 2022 City Council meeting) only as it pertains to Part 1b of City Council's decision.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council refer Part 1.b. of its decision on Item IE29.3 regarding the planned delivery of sidewalks on Blaydon Avenue (north side from Denbigh Crescent to Whitburn Crescent) back to the General Manager, Transportation Services, with a request to reconsider it at a later time after consultation has taken place between staff and the affected residents.
Staff recommendation as filed
Councillor James Pasternak, seconded by Councillor Mike Colle, recommends that: 1. City Council refer Part 1b of its decision on Item IE29.3 regarding the planned delivery of sidewalks on Blaydon Avenue (north side from Denbigh Crescent to Whitburn Crescent) back to the General Manager, Transportation Services, with a request to reconsider it at a later time after consultation has taken place between staff and the affected residents.
CC45.14adopted
1377 Sheppard Avenue West - Site Plan Control Application - Proposed Encroachments
Her Majesty the Queen in Right of Canada is the owner of lands known municipally as 1377 Sheppard Avenue West (the "Subject Site"). Parc Downsview Park and Canada Lands Company (the "Applicant"), respectively a previous owner of the Subject Site and a federal Crown corporation specializing in real estate, submitted an application for Site Plan Control for the Subject Site in 2019. Authority is required to enter into an encroachment agreement for the installation and maintenance of various encroachments related to the proposed future redevelopment on the Subject Site. The encroachments would be located on the City's adjacent rights of way on Sheppard Avenue West. Similar encroachments are proposed within the Allan Road frontage of the Subject Site which is under ownership of Park Downsview Park Inc. and leased by the City. City consent for the encroachments under the terms of the lease is also contemplated. Transportation Services has been involved in preparation of this report and have indicated that there are no objections with the proposed subject encroachments, the details of which are to be determined through the site plan approval process to ensure that there are no negative impacts to the public rights of way.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 7, 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 (June 7, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 7, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains information explicitly supplied in confidence to the City of Toronto by Canada or a crown agency of Canada and advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (June 7, 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 agreement with Her Majesty the Queen in Right of Canada, and any other relevant representative parties, permitting encroachments in the public right of way along Sheppard Avenue adjacent to lands municipally known as 1377 Sheppard Avenue West as are deemed appropriate in the context of the site plan review by the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning for improvement to the public realm and having regard to the requirements of the project as well as municipal infrastructure, transportation, and utility requirements, on terms and conditions as set out in Confidential Attachment 1 to the report (June 7, 2022) from the City Solicitor and on other or amended terms and conditions as deemed appropriate by the General Manager, Transportation Services and in a form acceptable to the City Solicitor. 2. City Council authorize and direct the Director, Property Management Services, Real Estate Services to provide appropriate consent, or such other form of acknowledgement(s) as may be reasonably requested, relating to the existing lease dated November 1, 1978 between the Municipality of Metropolitan Toronto and Her Majesty the Queen in Right of Canada, and any other relevant representative parties, to permit encroachments in the public right of way along Allan Road adjacent to the lands municipally known as 1377 Sheppard Avenue, in consultation with the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, for improvement to the public realm and having regard to the requirements of the project as well as municipal infrastructure, transportation and utility requirements, on such terms and conditions as are also deemed appropriate by the General Manager, Transportation Services and in a form acceptable to the City Solicitor. The balance of Confidential Attachment 1 to the report (June 7, 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 explicitly supplied in confidence to the City of Toronto by Canada or a crown agency of Canada and advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (June 7, 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 recommendations contained in the Confidential Attachment 1 to this report if adopted. 3. City Council direct that all other information contained in Confidential Attachment 1 remain confidential in its entirety, at the discretion of the City Solicitor, as it contains information explicitly supplied in confidence to the City of Toronto by Canada or a crown agency of Canada and advice subject to solicitor-client privilege.
MM45.14adopted
This Motion will amend the previous Council authority which authorized the City Solicitor to appeal, to the Toronto Local Appeal Body, the Committee of Adjustment's decision approving the minor variances contained in Application A0027/22SC respecting 7 Ferncroft Drive. This Motion will delete City Council's authorization, in Part 1 of Item MM43.32 adopted by City Council on May 11 and 12, 2022, directing the City Solicitor to appeal the Committee of Adjustment's Decision by replacing that previous authorization with a new authorization. This new direction will authorize the City Solicitor to attend the Toronto Local Appeal Body as a party in order to oppose the Committee of Adjustment's Decision approving the minor variances contained in Application A0027/22SC respecting 7 Ferncroft Drive. The Committee of Adjustment's Decision has already been appealed by a third party. Therefore, there is no need for the City to also appeal the Committee of Adjustment's Decision. Parts 2 and 3 of Item MM43.32 adopted by City Council on May 11 and 12, 2022 remain. REQUIRES RE-OPENING Item MM43.32 (May 11 and 12, 2022 City Council meeting.) only as it pertains to Part 1 of City Council's decision.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council delete Part 1 of its decision on Item MM43.32 adopted by City Council on May 11 and 12, 2022, and adopt instead the following new Part 1: 1. City Council authorize the City Solicitor to attend the Toronto Local Appeal Body as a party in order to oppose the Committee of Adjustment's Decision regarding Application A0027/22SC respecting 7 Ferncroft Drive.
Staff recommendation as filed
Councillor Gary Crawford, seconded by Councillor Paul Ainslie, recommends that: 1. City Council delete Part 1 of its decision on Item MM43.32 adopted by City Council on May 11 and 12, 2022, and adopt instead the following new Part 1: City Council authorize the City Solicitor to attend the Toronto Local Appeal Body as a party in order to oppose the Committee of Adjustment's Decision regarding Application A0027/22SC respecting 7 Ferncroft Drive.
CC45.15amended
On August 20, 2019, the applicant submitted an Official Plan Amendment for the lands municipally known as 1900 Eglinton Avenue East (the "Subject Lands") to permit a mixed-use development including new public streets and parkland. On April 13, 2021, the applicant submitted a Zoning By-law Amendment for the southwest portion of the lands at 1900 Eglinton Avenue East ("Phase 1"). The Phase 1 development would consist of two (2) mixed-use buildings that would include commercial uses at grade and residential uses above with maximum building heights of 38 and 40 storeys. The Subject Lands are located within the Golden Mile Secondary Plan area. On April 23, 2020, the applicant appealed their proposed Official Plan Amendment to the Ontario Land Tribunal (the "OLT") due to Council's failure to make a decision within the statutory timeframe. The applicant appealed their proposed Zoning By-law Amendment 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 the matters appealed to the OLT.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (June 14, 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 supplementary report (June 14, 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 supplementary report (June 14, 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. 4. City Council direct that Confidential Attachment 1 to the report (June 7, 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. July 27, 2022 The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (June 14, 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 (the "Settlement Offer") and substantially in accordance with Confidential Appendix B and Confidential Appendix C to the supplementary report (June 14, 2022) from the City Solicitor (together, the "Revised Proposal") for the lands municipally known as 1900 Eglinton Avenue East (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 10 below. Parkland Dedication for Phase 1 Zoning Lands 2. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 1,755 square metres, generally as shown on Confidential Appendix C to the supplementary report (June 14, 2022) from the City Solicitor as Block 4, satisfying a part of the owner's Parkland dedication requirement under Section 42 of the Planning Act for the Development Site with the exact size, location, configuration and timing of conveyance 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. 3. 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. Community Benefits for Phase 1 Zoning Lands 4. City Council authorize the City Solicitor to enter into and register on title to the lands, one or more agreements pursuant to Section 37, at the owner's expense, to secure the following matters, on such terms and conditions as may be required, all satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor: a. the provision of a minimum of 60 affordable housing units, based on 100 percent Average Market Rent and an affordability period of 15 years with these affordable housing units being provided on Block 1, including the following: i. the affordable housing units will be made available for residential occupancy concurrent with the market dwelling units on Block D; ii. the affordable housing units must be grouped in no less than 6 contiguous units; and iii. the unit types and sizes as follows: a. at least 10 percent three-bedroom units, with all affordable three-bedroom units; b. at least 25 percent two-bedroom units; and c. no more than 65 percent one-bedroom units with such unit sizes be to the satisfaction of the Chief Planner and Executive Director, City Planning. Matters Required to Support the Development 5. City Council also direct that the following matters required to support development be secured in the Section 37 Agreement, Zoning By-law Amendment and/or Conditions of Site Plan Approval, where deemed appropriate by the Chief Planner and Executive Director, City Planning and the City Solicitor, as a legal convenience: a. the owner shall prepare, at its expense, a Public Art plan (the "Public Art Plan") for the provision of Public Art, up to a maximum value of One Million Dollars ($1,000,000.00), upon the Site or adjacent City-owned land and shall submit the Public Art Plan to the City, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Toronto Public Art Commission, and to City Council for approval, in accordance with the terms and conditions satisfactory to the Chief Planner and the Executive Director, City Planning and the City Solicitor; the Public Art Plan may include design strategies to incorporate indigenous culture/history throughout the Development Site; b. prior to the issuance of the first above grade building permit for Block 1, the owner shall provide financial security in the form of a Letter of Credit for public art, identified in the approved Public Art Plan to secure the commission and installation of public art in accordance with the approved Public Art Plan in Part 5.a. above; c. the required transportation improvements and transportation demand management measures identified in the Multi-Modal Transportation Impact Study accepted and satisfactory to the General Manager, Transportation Services and secured to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning in the Zoning By-law Amendment in addition to the following identified matters: i. the owner shall pay to the City, by certified cheque, the sum of Fifty Thousand Dollars ($50,000.00) in Canadian funds, indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, calculated from the date of the execution of this Agreement to the date of payment, for the future implementation of a minimum of one (1) bike-share stations, at locations that may be determined by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; ii. prior to the issuance of any above grade building permit, the owner shall provide a letter of credit for $1,500 for the bike repair station thereafter provide evidence of installation in a form satisfactory to the General Manager, Transportation Services for such financial security to be returned; iii. prior to the issuance of any above grade building permit, the owner shall provide a letter of credit for $5,000.00 for the provision of one (1) real-time transportation information screen and thereafter provide evidence of installation, such as in a form satisfactory to the General Manager, Transportation Services for such financial security to be returned; iv. a financial contribution of $50,000 for the future Victoria Park Avenue or Warden Avenue Transit Study; v. prior to the issuance of the first above grade building permit on the lands, the owner shall provide a financial contribution to the City in the amount of $40,000 for a future Golden Mile Transportation Monitoring Study; vi. the owner shall provide a PRESTO pass to each of the affordable housing units, each pre-loaded with the value of one yearly PRESTO fare to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; and vii. the owner shall provide bike share annual memberships to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, of which, there shall be bike share memberships provided to each of the 60 affordable housing units; d. the owner shall provide, at their sole cost and expense, a wind tunnel testing for the development as part of a site plan control application, and thereafter secure and implement mitigation measures identified in any accepted Wind Tunnel Study/Report satisfactory to the Chief Planner and Executive Director, City Planning; e. a privately owned publicly accessible open spaces on Block 1, with a minimum size of 373 square metres, whereby as a pre-approval condition to Site Plan Approval for Block 1, the owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the privately owned publicly accessible open spaces and any required public access easements to connect the privately owned publicly accessible open spaces to adjacent privately owned publicly accessible open spaces and/or public rights-of-way, where necessary; and the owner shall own, operate, maintain and repair the privately owned publicly accessible open spaces and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately owned publicly accessible open spaces at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the privately owned publicly accessible open spaces shall be determined in the context of a site plan approval for each building and/or block pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City; f. the provision of public access easements to provide access to and through development block mid-block connection and private street to the satisfaction of the Chief Planner and Executive Director, City Planning, with the exact location, design and timing of delivery of the vehicular and pedestrian easement to be determined in the context of a Site Plan Approval; the owner shall own, operate, maintain and repair the public easement area and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the public easement at certain times of the day and night, and the owner may restrict other uses of this space, so long as they do not unreasonably obstruct pedestrian movement of persons of all ages and abilities with such matters determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City; g. prior to the issuance of Site Plan Approval for any part of the Development Site, the owner shall provide a Design Brief, to the satisfaction of the Chief Planner and Executive Director, City Planning; h. the owner will construct and maintain the Development Site in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the Development Site; i. the requirements for a construction management plan to be provided at site plan approval, including but not limited to, noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, coordination with adjacent on-going development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, any required coordination with Metrolinx regarding the Eglinton Crosstown LRT, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; j. implementation of, and/or mitigation measures listed, in any the reports, studies and plans accepted by the City submitted by the owner and any such implementation measures secured in the appropriate agreements; k. the conditions and matters as identified in memorandums provided to the City on behalf of Metrolinx as it relates to the Eglinton LRT, utility companies, the Toronto District School Board, the Toronto District Catholic School Board, and the Toronto and Region Conservation Authority based on their review of the development applications, all of which are identified satisfactory to the Chief Planner and Executive Director, City Planning and secured in the appropriate agreement(s), the Zoning By-law Amendment and conditions of Site Plan Approval (where appropriate), satisfactory to the City Solicitor; l. as part of the first site plan application and prior to any site plan approval on any part of the site, the owner shall provide a revised landscape plan and soil volume plan for the entire Development Site, including streetscape cross-sections, all satisfactory to the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Director, Urban Forestry, Parks, Forestry and Recreation; and m. as part of the first site plan application and prior to any site plan approval on any part of the Development Site, the owner shall provide a Public Utilities Plan for the entire Development Site to ensure, among other matters, that above ground and underground utilities and streetscape elements, such as street trees, sidewalk locations are located at appropriate locations for all new and existing streets and such plan should be submitted as a separate grayed out underlay and underlay on the Landscape Plan required above, for the entire Development Site, all satisfactory to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Director, Urban Forestry, Parks, Forestry and Recreation. Conditions to Ontario Land Tribunal Order 6. 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; and 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 SASP into Section 14 of the Secondary Plan, instead of Chapter 7, Site and Area Specific Policies of the Official Plan. 7. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until the earlier of August 12, 2022, or the Ontario Land Tribunal having been advised by the City Solicitor that: a. the proposed Zoning By-law Amendment(s) are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. 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; iii. submitted a revised Multi-Modal Transportation Impact Study satisfactory to the General Manger, Transportation Services and thereafter implement any such requirements as part of the Site Plan Control application; and iv. a Section 37 Agreement has been entered into satisfactory to the Chief Planner and Executive Director, City Planning and has been executed and registered on title to the subject lands to the satisfaction of the City Solicitor, securing community benefits in Part 4 above and securing the matters required to support the development outlined in Part 5 above. 8. Provided that the matters listed in Part 7.b. above have not been completed to the satisfaction of the appropriate City Official by August 12, 2022, City Council instruct the City Solicitor: a. to request that the final form of the Zoning By-law Amendment(s) to be issued by the Ontario Land Tribual contain a Holding ('H') provision (as required) which may include that 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; and 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/or b. ensure that the matters listed in Part 7.b. above are otherwise secured to the satisfaction of the Chief Planner and Executive Director, City Planning, Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor. 9. If the Ontario Land Tribunal cannot issue its final Order on the Zoning By-law Amendment on or before August 12, 2022, City Council instruct the City Solicitor to request the Ontario Land Tribunal to render its Order on the Zoning By-law Amendment effective as of no later than August 12, 2022. 10. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendices A, B and C to the supplementary report (June 14, 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). Confidential Attachment 1 to the report (June 7, 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 (June 7, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor. The balance of Confidential Attachment 1 to the supplementary report (June 14, 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 supplementary report (June 14, 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 (June 7, 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.
MM45.15adopted
In 2020, the Committee of Adjustment, Scarborough Panel granted consent to sever the property located at 94 Danforth Road into three new lots and minor variances permitting the construction of a dwelling on each lot (B0020/19SC, the Decision on "Consent" is attached to this Motion). In 2021, the applicant applied to the Committee of Adjustment seeking additional variances permitting the construction of a three-storey dwelling on each lot, now known by the municipal addresses 86, 88 and 90 Danforth Road, under the Zoning By-law 569-2013 (A0396/21SC, A0393/21SC and A0397/21SC) (collectively, the "Applications"). The Applications for 86 and 88 Danforth sought seven (7) variances from maximum height, maximum number of storeys, maximum exterior wall height, minimum lot frontage, minimum lot area, minimum building setback, minimum lot frontage and minimum eaves projection. The Application for 90 Danforth sought nine (9) variances in total: the same 7 variances as the adjacent properties, as well as variances for minimum rear yard setback and minimum soft landscaping. City Planning staff submitted reports recommending refusal of the Applications in part (the reports are attached to this Motion). Staff concluded that the Applications do not reinforce the physical character of the neighbourhood, among other concerns. Staff expressed particular concern with the height of the proposed dwellings. In its decision of March 28, 2022, the Committee of Adjustment refused three (3) height-related variances for each property and granted the remaining variances (the "Decisions" included). The Decisions have been appealed to the Toronto Local Appeal Body by the applicant (the "Appeal"). This Motion will authorize and direct the City Solicitor to attend the Toronto Local Appeal Body, along with appropriate staff, in order to oppose the Appeal.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body, with appropriate City staff in order to oppose the Appeal regarding the proposed development (Applications A0396/21SC, A0393/21SC and A0397/21SC) for 86, 88 and 90 Danforth Road. 2. City Council authorize the City Solicitor to attempt to negotiate a resolution of the Appeal and, if a resolution is reached, to settle the Appeal at the City Solicitor's discretion, in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
Staff recommendation as filed
Councillor Gary Crawford, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body, with appropriate City staff in order to oppose the Appeal regarding the proposed development (Applications A0396/21SC, A0393/21SC and A0397/21SC) for 86, 88 and 90 Danforth Road. 2. City Council authorize the City Solicitor to attempt to negotiate a resolution of the Appeal and, if a resolution is reached, to settle the Appeal at the City Solicitor's discretion, in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
CC45.16adopted
Sarick (the "Appellant") has appealed Official Plan Amendment 231 ("OPA 231") to the Ontario Land Tribunal ("OLT") regarding the property known as 1911 and 1921 Eglinton Avenue East (the "Lands"). City Council adopted OPA 231 in 2013 following the Five-Year Official Plan and Municipal Comprehensive Reviews regarding employment lands. OPA 231 re-designates the Lands as General Employment Areas and the Appellant seeks the Mixed Use Areas designation. The City Solicitor requires further directions.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 7, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report (June 7, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 7, 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 (June 7, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle site specific Appeal 155 to Official Plan Amendment 231 dated June 7, 2022 and attached as Confidential Attachment 2 to the report (June 7, 2022) from the City Solicitor and City Council direct the City Solicitor, City Planning and other staff to attend at the Ontario Land Tribunal in support of the settlement. Confidential Attachment 2 to the report (June 7, 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 (June 7, 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. If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of the recommendations contained in the Confidential Attachment 1 and all of Confidential Attachment 2, with the remainder of Confidential Attachment 1to remain confidential as it contains advice subject to solicitor-client privilege.
MM45.16adopted
Cutting down on idling in Toronto - by Councillor Jaye Robinson, seconded by Councillor Mike Colle
Last December, City Council accelerated our TransformTO commitments, setting a new target of net-zero emissions by 2040. Tackling vehicular emissions, which comprise roughly 36 percent of Toronto's total emissions profile, is a critical step toward reducing our city's climate impact and achieving our TransformTO goals. Reducing idling has been a key component of the City's efforts to reduce vehicle emissions and improve air quality since 1996, when the City of Toronto introduced Canada's first stand-alone idling control by-law. The impacts of idling on local air quality and individual health are well-documented, but the practice also has broader implications. Natural Resources Canada estimates that if Canadian drivers limited their idling time to three minutes per day, our annual CO2 emissions could be reduced by 1.4 million tonnes - the equivalent of taking 320,000 cars of the road for an entire year. Despite the long-standing by-laws in place, many Torontonians are unaware of the restrictions on idling in our City - even the within City's own fleet. Increasing awareness of and compliance with our idling by-laws is a small but impactful way we can advance toward our emissions reductions targets in the City of Toronto.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council direct the General Manager, Fleet Services to enhance in-service training for drivers employed by the City of Toronto on emissions reductions initiatives and idling by-laws, with updates to be informed by the City's TransformTO strategy. 2. City Council direct the Executive Director, Environment and Energy, in consultation with the General Manager, Transportation Services, to report back to City Council with options to increase public awareness of, and compliance with, Toronto's idling by-laws, including posting of signage on public buildings, and an education campaign.
Staff recommendation as filed
Councillor Jaye Robinson, seconded by Councillor Mike Colle, recommends that: 1. City Council direct the General Manager, Fleet Services to enhance in-service training for drivers employed by the City of Toronto on emissions reductions initiatives and idling by-laws, with updates to be informed by the City's TransformTO strategy. 2. City Council direct the Executive Director, Environment and Energy, in consultation with the General Manager, Transportation Services, to report back to City Council with options to increase public awareness of, and compliance with, Toronto's idling by-laws, including posting of signage on public buildings, and an education campaign.
CC45.17amended
On April 5, 2016, the applicant submitted an Official Plan Amendment for the lands municipally known as 1966-2050 Eglinton Avenue East and 50 Thermos Road (the "Subject Lands") to permit a mixed-use development including new public streets and parkland. On September 7, 2021, the applicant submitted a Zoning By-law Amendment for the western portion of the lands at 1966-1980 Eglinton Avenue East. The Subject Lands are located within the Golden Mile Secondary Plan area. On November 24, 2017, the applicant appealed their proposed Official Plan Amendment to the Ontario Land Tribunal (the "OLT") due to Council's failure to make a decision within the statutory timeframe. The applicant appealed their proposed Zoning By-law Amendment 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 the matters appealed to the OLT. A hearing is scheduled to commence on October 18, 2022 for 15 days.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (June 13, 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 supplementary report (June 13, 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 supplementary report (June 13, 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. 4. City Council direct that Confidential Attachment 1 to the report (June 7, 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 (June 7, 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 (June 7, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor. The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (June 13, 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 (the "Settlement Offer") and substantially in accordance with Confidential Appendices B and C to the supplementary report (June 13, 2022) from the City Solicitor (together, the "Revised Proposal") for the lands municipally known as 1966-2050 Eglinton Avenue East and 50 Thermos Road (the "Development Site") and direct the City Solicitor to attend the Ontario Land Tribunal to support the Revised Proposal, subject to Parts 2 to 18 below. 2. City Council endorse the draft phasing set out in the Revised Proposal in Confidential Appendix C to the supplementary report (June 13, 2022) from the City Solicitor and City Council require that: a. the final form of a Phasing Plan on the Development Site be provided to the City in a form and content acceptable to the Chief Planner and Executive Director, City Planning; and b. the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the General Manager, Transportation Services, the General Manager, Parks, Forestry and Recreation, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Children's Services and the Executive Director, Corporate Real Estate Management are authorized to ensure that such phasing matters are secured in appropriate agreement(s), the Zoning By-law Amendment and/or Draft Plan of Subdivision all satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor. Parkland Dedication 3. City Council accept an on-site parkland dedication pursuant to Section 42 of the Planning Act having a minimum size of 16,659 square metres, generally as shown on Confidential Appendix C to the supplementary report (June 13, 2022) from the City Solicitor, satisfying the Owner's Parkland dedication requirement under Section 42 of the Planning Act for the entire Development Site, and a dedication of on-site parkland dedication of 2,709 square metres, comprising a total of 19,368 square metres of on-site parkland dedication 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 City Council also direct that any over dedication amount be addressed in the Section 37 Agreement on such terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor. 4. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for: a. the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; and b. the design and construction by the Owner of the Community Recreation Centre to the satisfaction of the General Manager, Parks, Forestry and Recreation. 5. City Council direct that 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 and/or the Community Recreation Centre, 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. Community Benefits for 1966-1980 Rezoning Application 6. City Council authorize the City Solicitor to enter into and register on title to the lands, in one or more Agreements pursuant to Section 37 of the Planning Act, at the Owner's expense, to secure the following matters, on such terms and conditions as may be required, all satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor: a. the Owner shall design, construct, finish and convey in fee simple to the City, in an acceptable environmental condition, with the funding contributions provided by the City for approximately 68,000 square feet (6,317 square metres) of Community Recreation Centre, located on Block 2 which may be connected to Building B2 or be a free standing centre, inclusive of aquatic centre/pool, gymnasium, a multi-purpose space, dance and fitness rooms, and subject to the following: i. the Community Recreation Centre shall be finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the General Manager, Parks, Forestry and Recreation, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor; ii. prior to the issuance of the first above grade building permit for Block 2, the Owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and handover of the Community Recreation Centre, complying with the specifications and requirements of the Section 37 Agreement, with such value of the letter of credit augmented by the funding contributions provided by the City, to the satisfaction of the General Manager, Parks, Forestry and Recreation, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor; iii. the Section 37 Agreement will address, among other matters related to the Community Recreation Centre, including service activities (loading, delivers and maintenance), parking (including number of spaces, pick up and drop off), matters pertaining to accessibility and design; iv. the design and construction of the Community Recreation Centre will be encouraged to achieve the highest performance standards of the Toronto Green Standards; and v. concurrent with or prior to, the conveyance of the Community Recreation Centre to the City, if determined to be required by the General Manager, Parks, Forestry and Recreation, the Owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement, at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the Owner as they pertain to the Community Recreation Centre; and b. the provision of 67 affordable housing units, based on 100 percent Average Market Rent and an affordability period of 40 years with these affordable housing units being provided as follows: i. 50 percent of the affordable housing units on Block A; ii. 50 percent of the affordable housing units on Block B, with an option to consolidate additional housing in an earlier phase; iii. the unit types and sizes shall be determined in each Site Plan Control application, and shall reflect the unit mix and average size of market units within each building, to the satisfaction of the Chief Planner and Executive Director, City Planning; and iv. subject to Parts 8 to 13 below. Matters Required to Support the Development 7. City Council also direct that the following matters required to support development be secured in the Section 37 Agreement, Zoning By-law Amendment and/or Conditions of Subdivision Approval for the Subdivision Agreement, where deemed appropriate by the Chief Planner and Executive Director, City Planning and the City Solicitor, as a legal convenience: a. the Owner shall prepare, at its expense, a Public Art plan (the "Public Art Plan") for the provision of Public Art, up to a maximum value of $700,000.00, and shall submit the Public Art Plan to the City, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Toronto Public Art Commission, and to City Council for approval, in accordance with the terms and conditions satisfactory to the Chief Planner and the Executive Director, City Planning and the City Solicitor; the Public Art Plan may include design strategies to incorporate indigenous culture/history throughout the Development Site; b. prior to the issuance of the first above grade building permit for any residential development on each Block where public art is planned, the Owner shall provide financial security in the form of a Letter of Credit for public art, identified in the approved Public Art Plan to secure the commission and installation of public art in accordance with the approved Public Art Plan in Part 7.a. above; c. the required transportation improvements and Travel Demand Management measures identified in the Multi-Modal Transportation Impact Study accepted and satisfactory to the General Manager, Transportation Services and secured to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning in the Zoning By-law Amendment in addition to the following identified matters: i. the Owner shall pay to the City, by certified cheque, the sum of $350,000.00 in Canadian funds, indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, calculated from the date of the execution of this Agreement to the date of payment, for the future implementation of a minimum of seven (7) bike-share stations, at locations that may be determined by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; ii. prior to the issuance of any above grade building permit on each Block where bike repair stations are planned for and identified in the Site Plan Control Application satisfactory to the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, the Owner shall provide a letter of credit for $1,500 for each bike repair station per building to a minimum of four (4) bike repair stations for each block subject of the zoning application on the Development Site, and thereafter provide evidence of installation in a form satisfactory to the General Manager, Transportation Services for such financial security to be returned; iii. prior to the issuance of any above grade building permit on each block, the Owner shall provide a letter of credit for the provision of each real-time transportation information screen for each building, up to four (4) real-time transportation information screens for the blocks in the zoning and thereafter provide evidence of installation, such as in a form satisfactory to the General Manager, Transportation Services for such financial security to be returned; iv. a financial contribution of a of $200,000 for the future Victoria Park Avenue or Warden Avenue Transit Study; v. prior to the issuance of the first above grade building permit on the lands, the Owner shall provide a financial contribution to the City in the amount of $40,000 for a future Golden Mile Transportation Monitoring Study; vi. the Owner shall provide a PRESTO pass to each of the 67 affordable housing units, each pre-loaded with the value of one yearly PRESTO fare to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; vii. the Owner shall provide for the costs of TDM Marketing Initiatives for each phase (approximately $1000 for each information session); and vii. the Owner shall provide a minimum of 100 bike share annual memberships to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; d. the Owner shall provide, at their sole cost and expense, a wind tunnel testing for the entire Development Site as part of first site plan control application for any part of the Site, and thereafter secure and implement mitigation measures identified in any accepted Wind Tunnel Study/Report satisfactory to the Chief Planner and Executive Director, City Planning; e. the following privately owned publicly-accessible spaces, whereby as a pre-approval condition to Site Plan Approval for each respective Block where the privately owned publicly-accessible spaces is located, the Owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the privately owned publicly-accessible spaces and any required public access easements to connect the privately owned publicly-accessible spaces to adjacent privately owned publicly-accessible spaces and/or public rights-of-way, where necessary; and the Owner shall own, operate, maintain and repair the privately owned publicly-accessible spaces and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the privately owned publicly-accessible spaces at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the privately owned publicly-accessible spaces shall be determined in the context of a Site Plan Approval for each building and/or block pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City, including: i. Block 1 - Eglinton Avenue privately owned publicly-accessible space with a minimum size of 200 square metres; ii. Block 1 - Street #9 privately owned publicly-accessible space with a minimum size of 225 square metres; and iii. Block 2 - Eglinton Avenue privately owned publicly-accessible space with a minimum size of 200 square metres; and iv. Street #10 and south of the Community Recreation Centre adjacent privately owned publicly-accessible space with a minimum size to be determined satisfactory to the Chief Planner and Executive Director, City Planning; f. the provision of public pedestrian access easements to provide access to and through various development block mid-block connections to the satisfaction of the Chief Planner and Executive Director, City Planning, with the exact location, design and timing of delivery of the pedestrian easement to be determined in the context of a Site Plan Approval; the Owner shall own, operate, maintain and repair the public pedestrian easement area and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the public pedestrian easement at certain times of the day and night, and the Owner may restrict other uses of this space, so long as they do not unreasonably obstruct pedestrian movement of persons of all ages and abilities with such matters determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City; g. prior to the issuance of Site Plan Approval for any part of the Development Site, the Owner shall provide a Design Brief, to the satisfaction of the Chief Planner and Executive Director, City Planning; h. the Owner will construct and maintain the Development Site in accordance with Tier 1, Toronto Green Standard and the Owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the site plan application for each building on the Development Site; i. the requirements for a Construction Management Plan to be provided at site plan approval, including but not limited to, noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queuing locations, street closures, coordination with adjacent on-going development construction, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, any required coordination with Metrolinx regarding the Eglinton Crosstown Light Rapid Transit, and a communication strategy with the surrounding community, and any other matters requested by the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; j. implementation of, and/or mitigation measures listed, in any the reports, studies and plans accepted by the City submitted by the Owner and any such implementation measures secured in the appropriate agreements; k. the conditions and matters as identified in memorandums provided to the City on behalf of Metrolinx as it relates to the Eglinton Crosstown Light Rapid Transit, utility companies Toronto District School Board, Toronto District Catholic School Board, and the Toronto and Region Conservation Authority based on their review of the development applications, all of which are identified satisfactory to the Chief Planner and Executive Director, City Planning and secured in the appropriate agreement(s), the Zoning By-law Amendment and Draft Plan of Subdivision conditions (where appropriate), satisfactory to the City Solicitor; l. as part of the Site Plan Control application and prior to any Site Plan approval on any part of the Development Site, the Owner shall provide a revised landscape plan and soil volume plan for the entire Development Site, including streetscape cross-sections, all satisfactory to the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Director, Urban Forestry; m. as part of the first site plan application and prior to any site plan approval on any part of the Development Site, the Owner shall provide a Public Utilities Plan for the entire Development Site to ensure, among other matters, that above ground and underground utilities and streetscape elements, such as street trees, sidewalk locations are located at appropriate locations for all new and existing streets and such plan should be submitted as a separate grayed out underlay and underlay on the Landscape Plan required above, for the entire Development Site, all satisfactory to the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Director, Urban Forestry; and n. prior to the issuance of any building permit, including permits for excavation and shoring, the Owner shall enter into a Municipal Capital Facility Agreement ("Contribution Agreement") with the City to provide Open Door Affordable Housing Program incentives for the affordable rental housing units to be developed on the Development Site; the Owner shall provide such affordable rental housing dwelling units in accordance with agreement(s) to be entered into with the City, all to the satisfaction of the Executive Director, Housing Secretariat, the Chief Planner and Executive Director, City Planning and the City Solicitor. Affordable Housing 8. City Council approve funding for 67 affordable rental housing units through the Open Door Affordable Rental Housing Program. 9. City Council direct that the Owner shall provide and maintain sixty-seven (67) new affordable rental housing dwelling units on the lands at 1966 to 1980 Eglinton Avenue East (the "Affordable Housing Units"), comprised of at least ten (10) percent of the total residential gross floor area of the development, all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat, substantially in accordance with the following terms: a. at least thirty-five (35) percent of the Affordable Housing Units shall be a two-bedroom rental unit and at least ten (10) percent of the Affordable Housing Units shall be a three-bedroom rental units; b. no more than ten (10) percent of the Affordable Housing Units shall be studio rental units; c. the general configuration, location and layouts of the Affordable Housing Units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Executive Director, Housing Secretariat, provided that the Affordable Housing Units will be located in contiguous groupings of at least six rental units and that all the Affordable Housing Units; d. the Owner shall provide and maintain the Affordable Housing Units as rental dwelling units for a minimum period of 40 years beginning from the date that each such unit is first occupied, (the "Affordability Period"); during the Affordability Period, no Affordable Housing Unit shall be registered as a condominium unit or any other form of Ownership housing such as life-lease or co-Ownership which provide a right to exclusive possession of a dwelling unit, and no application shall be made to demolish any Affordable Housing Unit or to convert any Affordable Housing Unit to a non-residential rental purpose; and upon the expiration of the Affordability Period, the Owner shall continue to provide and maintain the Affordable Housing Units as rental dwelling units, unless and until such time as the Owner has applied for, and obtained, all approvals necessary to do otherwise; e. the initial rent (inclusive of utilities) charged to the first tenants of any Affordable Housing Units shall not exceed 100 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; f. if an Affordable Housing Unit becomes vacant and is re-rented to a new tenant during the Affordability Period, the initial rent (inclusive of utilities) charged to the new tenant shall not exceed 100 percent of the average rent for the same bedroom type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report; g. after the first year of occupancy of any Affordable Housing Units, and for the duration of the Affordability Period, the rent (inclusive of utilities) charged to the first tenants or new tenants occupying such unit may be escalated annually by not more than the annual provincial rent guideline, regardless of whether such guideline is applicable to the units under the Residential Tenancies Act or any successor legislation governing residential tenancies in Ontario, until the tenancy ends; h. notwithstanding the annual rent increases permitted in Part 9. g. above, the rent (inclusive of utilities) charged to any first tenants or new tenants occupying an Affordable Housing Unit during the Affordability Period shall not be increased to an amount that exceeds the average rent for the same unit type in the City of Toronto, as reported by Canada Mortgage and Housing Corporation in its most recent annual Rental Market Report or the average rent for the same bedroom type in the City of Toronto; i. the City's Centralized Affordable Housing Access System will be used to advertise and select tenants provided it is in place; in addition, at least six months in advance of any new Affordable Housing Units being made available for rent, the Owner shall develop and implement an Access Plan which will outline how units are rented to eligible households in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat; j. the new Affordable Housing Units to be constructed shall be made ready and available for occupancy no later than the date by which seventy (70) percent of the new dwelling units in the development of the zoning lands are available and ready for occupancy, or to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat; k. the Owner shall provide all tenants of the Affordable Housing Units with access to, and use of, all indoor and outdoor amenities in the new development at no extra charge and on the same terms and conditions as any other resident of the development, without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; and l. the Owner shall provide all tenants of the Affordable Housing Units with access to visitor parking and permanent and visitor bicycle parking/bicycle lockers on the same terms and conditions as any other resident of the building in which the Affordable Housing Units are located, and in accordance with the Zoning By-law. 10. City Council authorize the Executive Director, Housing Secretariat to negotiate and execute a Contribution Agreement with the Owner for 67 affordable rental housing units to be developed on the lands municipally known as 1966 to 1980 Eglinton Avenue East to secure the financial assistance being provided by the City and set out the terms of the operation of the Affordable Housing Units rents at or below 100 percent of average market rents for a period of 40 years, together with any security, financing or other documents required, as well as any amendments thereto required from time to time, on terms and conditions acceptable to the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor. 11. City Council approve the provision of financial incentives pursuant to the City's Open Door Affordable Housing Program in relation to the Affordable Housing Units as follows: a. an exemption for the 67 new Affordable Housing Units at 1966 to 1980 Eglinton Avenue East from taxation for municipal and school purposes for the 40-year Affordability Period; and b. authorize the 67 new Affordable Housing Units at 1966 to 1980 Eglinton Avenue East to be eligible for waivers of fees for planning applications, building permits and payment in lieu of parkland dedication, and for development charges exemptions, unless already paid. 12. City Council authorize the Executive Director, Housing Secretariat, on behalf of the City, to execute any security or financing documents, or any other documents required to facilitate the delivery of the Affordable Housing Units, including any documents required by the Owner to complete pre-development activities, construction and secure conventional financing, where required, including any postponement, confirmation of status, discharge or consent 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. 13. City Council authorize the City 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. Conditions to Ontario Land Tribunal Order 14. 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; and 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 Development 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 SASP into Section 14 of the Secondary Plan, instead of Chapter 7, Site and Area Specific Policies of the Official Plan. 15. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until the earlier of August 12, 2022, or the Ontario Land Tribunal having been advised by the City Solicitor that: a. the proposed Zoning By-law Amendment(s) are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; and b. the proposed Zoning By-law Amendment(s) contain a Holding ('H") provision regarding the following matters, whereby 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 taking into account any existing, approved and proposed developments and any required materials and analysis to address stormwater, sanitary and water capacity matters and infrastructure improvements and/or new municipal infrastructure determined to be required to support the Revised Proposal ("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; iii. submitted a revised Multi-Modal Transportation Impact Study, including a comprehensive Travel Demand Management plan satisfactory to the General Manger, Transportation Services and thereafter implement any such requirements as part of the Draft Plan of Subdivision and/or Site Plan Control application; iv. submitted a Compatibility/Mitigation Study, including a satisfactory peer review, that is acceptable and satisfactory to the Chief Planner and Executive Director, City Planning and thereafter has secured the implementation of any required mitigation measures in a manner satisfactory to the Chief Planner and Executive Director, City Planning; v. submitted a revised Noise and Vibration Study, recommending that the lands be designated as Class 4 area pursuant to NPC-300 Guidelines, which will be peer reviewed at the Owner's sole cost and expense, with such reports being satisfactory and acceptable to the Chief Planner and Executive Director, City Planning, and the Owner shall thereafter implement the mitigation measures, as part of the Zoning By-law Amendment and/or Site Plan Control Application; vi. a Section 37 Agreement has been entered into satisfactory to the Chief Planner and Executive Director, City Planning and has been executed and registered on title to the subject lands to the satisfaction of the City Solicitor, securing community benefits in the recommendations above and securing the matters required to support the development outlined in the recommendations above; and vii. obtained approval of the Draft Plan of Subdivision under subsections 51(31) or 51(56) of the Planning Act. 16. City Council direct the Owner to submit to the City a complete resubmission on the Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision applications including updated reports, plans, drawings and materials to provide alignment between all applications to implement the Settlement Offer 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. 17. If the Ontario Land Tribunal cannot issue its final Order on the Zoning By-law Amendment on or before August 12, 2022, City Council instruct the City Solicitor to request the Ontario Land Tribunal to render its Order on the Zoning By-law Amendment effective as of no later than August 12, 2022. 18. 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 supplementary report (June 13, 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 supplementary report (June 13, 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 supplementary report (June 13, 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 (June 7, 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.
MM45.17adopted
On March 23, 2022, the Committee of Adjustment (the "Committee) refused a Minor Variance application brought by the owners of 36 Macpherson Avenue for the following variances: front yard setback, front porch encroachment from side lot line, front yard soft landscaping, private driveway elevation, and front main wall height for vehicular entrance (the "Application"). A copy of the Committee's decision for the Application is attached. The Application proposes to alter the existing two-storey semi-detached dwelling by constructing a front integral garage and driveway, as well as reconstructing the front porch. In a report from the Director, Community Planning, Toronto and East York District, dated March 16, 2022, Planning opposed all variances. Planning staff opined that the approval of the minor variances would weaken the prevailing physical character of the neighbourhood and would result in vehicular access and parking as the prominent feature of the dwelling. Planning Staff also stated that the proposed minor variances would result in a development that does not maintain the general intent and purpose of the Official Plan or Zoning By-law. On April 12, 2022, the owners appealed the Committee's decision to refuse the Application to the Toronto Local Appeal Body. The Toronto Local Appeal Body has issued a notice of hearing for this file.
City Council on June 15 and 16, 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 application respecting 36 Macpherson Avenue (Application A1465/21TEY; Toronto Local Appeal Body File 21 133607 S45 11). 2. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal of the decision in Application A1465/21TEY, respecting 36 Macpherson Avenue and 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 the Director, Community Planning, Toronto and East York District.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Joe Mihevc, 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 application respecting 36 Macpherson Avenue (Application A1465/21TEY; Toronto Local Appeal Body File 21 133607 S45 11). 2. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal of the decision in Application A1465/21TEY, respecting 36 Macpherson Avenue and 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 the Director, Community Planning, Toronto and East York District.
CC45.18withdrawn
On August 9, 2018, the applicant submitted a Zoning By-law Amendment to amend the City-wide Zoning By-law 569-2013 for the property at 2200 to 2206 Eglinton Avenue East, 1020 to 1030 Birchmount Road and 75 Thermos Road (the "Subject Lands") to permit a mixed-use development including new public streets and parkland. The Subject Lands are located within the Golden Mile Secondary Plan area. On April 23, 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 applicant appealed their proposed Zoning By-law Amendment 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.
Item CC45.183 was withdrawn at City Council on June 15 and 16, 2022.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council direct that all information contained in Confidential Attachment 1 to the report (June 7, 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.
MM45.18adopted
The area that encompasses St. Roberts Catholic School is currently deficient in playground and outdoor equipment. With a growing population and an increasing number of children and young families, Clanton Park is in need of safe and new playgrounds facilities. The Toronto Catholic District School Board has identified a need for capital investments at St. Roberts, in the form of a new playground facility, vertical chalkboards and benches. In directing funds towards such a project, the green space and proposed park improvements can continue to be used by community members to supplement their access to local outdoor play structures outside of school hours. The Section 37 Implementation Guidelines (section 5.7) approved by Council in 2007 state that: "Cash contributions toward the capital improvement of school board playgrounds are eligible S.37 community benefits where the playground serves as a local park, where the public will continue to have reasonable access for the foreseeable future, and where there is no local City-owned parkland performing a similar function in the same community that could otherwise benefit from the cash contribution." The Toronto Catholic District School Board will sign an Undertaking governing the use of the funds and the financial reporting requirements prior to the funds being released from the City.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council increase the 2022 Approved Operating Budget for Non-Program by $70,000.00 gross, $0 net, (Cost Centre: NP2161), fully funded by Section 37 funds obtained in the development for 847-871 Sheppard Avenue West, (Source Account: XR3026-3701110), secured for parks improvements and public realm projects in the Ward, for the purpose of providing one time capital funding to the Toronto Catholic District School Board for playground improvements at St. Roberts Catholic School located at 70 Bainbridge Avenue. 2. City Council direct that the $70,000.00 be forwarded to the Toronto Catholic District School Board upon the signing of an Undertaking by the Toronto Catholic District School Board governing the use of the funds and the financial reporting requirements.
Staff recommendation as filed
Councillor James Pasternak, seconded by Councillor Brad Bradford, recommends that: 1. City Council increase the 2022 Approved Operating Budget for Non-Program by $70,000.00 gross, $0 net, (Cost Centre: NP2161), fully funded by Section 37 funds obtained in the development for 847-871 Sheppard Avenue West, (Source Account: XR3026-3701110), secured for parks improvements and public realm projects in the Ward, for the purpose of providing one time capital funding to the Toronto Catholic District School Board for playground improvements at St. Roberts Catholic School located at 70 Bainbridge Avenue. 2. City Council direct that the $70,000.00 be forwarded to the Toronto Catholic District School Board upon the signing of an Undertaking by the Toronto Catholic District School Board governing the use of the funds and the financial reporting requirements.
CC45.19adopted
3095 Eglinton Avenue East - Zoning By-law Amendment - Request for Directions
On June 22, 2021, the applicant ("11426575 Canada Inc. ") submitted an application for a zoning by-law amendment (Application 21 171081 ESC 20 OZ) (the "Zoning By-law Amendment Application"). The application proposed to amend City-wide Zoning By-law 569-2013 and the Scarborough Village Community Zoning By-law 10010 for the lands municipally known as 3095 Eglinton Avenue East. On November 18, 2021, the applicant appealed the application to the Ontario Land Tribunal (the "Tribunal"). The appeal was made citing Council's failure to make a decision on the application within the timeframe prescribed by the Planning Act. The purpose of this report is to request further instructions in respect of the Zoning By-law Amendment application prior to the Tribunal Case Management Conference which is scheduled to commence on June 29, 2022.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff Confidential Attachment 1 to the report (June 7, 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 (June 7, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 7, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. 4. City Council authorize the public release of Confidential Attachment 2 to the report (June 7, 2022) from the City Solicitor. The confidential instructions to staff in Confidential Attachment 1 to the report (June 7, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice settlement offer, attached to the report (June 7, 2022) from the City Solicitor as Confidential Attachment 2 (the "Settlement Offer"), in respect of the appeal of the Zoning By-law Amendment application (Application 21 171081 ESC 20 OZ) subject to Part 3 below. 2. City Council direct the City Solicitor, together with the appropriate staff, to attend the Ontario Land Tribunal hearing in support of the Settlement Offer subject to Part 3 below. 3. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) for the development until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form of the Zoning By-law Amendment(s) are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has submitted to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance a Site Servicing Review to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and demonstrate how this site can be serviced and whether the existing municipal infrastructure is adequate; c. the owner has submitted a Traffic Impact Study to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Site Servicing Review and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; e. the owner has submitted revised plans/documentation with respect to conditions b and c above, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; f. the owner has submitted a Noise and Vibration Study, the study has been peer reviewed by a third-party Noise and Vibration Consultant retained by the City of Toronto at the owner's expense, and the owner has agreed to implement the noise and vibration control measures and recommendations identified through the peer review, with these measures to be secured through the Site Plan Control process, all to the satisfaction of the Chief Planner and Executive Director, City Planning; g. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; and h. the owner has demonstrated that the proposal complies with all elements of the Toronto Green Standard Version 3 for rezoning, including but not limited to the provision of soil volume in the amount of 479.8 cubic metres, as shown on the Landscape Plan included in the Settlement Offer, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the Chief Planner and Executive Director, City Planning. Confidential Attachment 2 to the report (June 7, 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 (June 7, 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 (June 7, 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 (June 7, 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 (June 7, 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 (June 7, 2022) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege. 4. City Council authorize the public release of the confidential information and documents in Confidential Attachment 2 to the report (June 7, 2022) from the City Solicitor if the confidential recommendations in Confidential Attachment 1 are adopted by City Council.
MM45.19adopted
The area surrounding St. Raphael Catholic School has a growing population and an increasing number of children and young families. New developments approved and proposed along Wilson Avenue and Keele Street will only put additional pressure on the existing park facilities. The school and community require safe and new playgrounds facilities to meet the needs of a neighbourhood which has seen slow and sporadic capital investments on publicly accessible parkland over the past 20 years. The Toronto Catholic District School Board has identified a need for capital investments on the site, in the form of a renewed playground. This facility can continue to be used by community members to supplement their access to local outdoor play space outside of school hours. The Section 37 Implementation Guidelines (section 5.7) approved by Council in 2007 state that: "Cash contributions toward the capital improvement of school board playgrounds are eligible S.37 community benefits where the playground serves as a local park, where the public will continue to have reasonable access for the foreseeable future, and where there is no local City-owned parkland performing a similar function in the same community that could otherwise benefit from the cash contribution." The Toronto Catholic District School Board will sign an Undertaking governing the use of the funds and the financial reporting requirements prior to the funds being released from the City.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council increase the 2022 Approved Operating Budget for Non-Program by $80,000 gross, $0 net, (Cost Centre: NP2161), for the purpose of providing one time capital funding to the Toronto Catholic District School Board for playground improvements at St. Raphael Catholic School located at 3 Gade Drive, fully funded by Section 37 funds obtained from the following developments: a. 2772-2778 Keele Street (Source Account: XR3026-3700050), secured for parkland and streetscape improvements in the vicinity of the development site, in the amount of $64,854.00; and b. 3100 Keele Street (Source Account: XR3026-3701072), secured for capital improvements to parkland in the Ward, in the amount of $15,146.00. 2. City Council direct that the $80,000.00 be forwarded to the Toronto Catholic District School Board upon the signing of an Undertaking by the Toronto Catholic District School Board governing the use of the funds and the financial reporting requirements.
Staff recommendation as filed
Councillor James Pasternak, seconded by Councillor Brad Bradford, recommends that: 1. City Council increase the 2022 Approved Operating Budget for Non-Program by $80,000 gross, $0 net, (Cost Centre: NP2161), for the purpose of providing one time capital funding to the Toronto Catholic District School Board for playground improvements at St. Raphael Catholic School located at 3 Gade Drive, fully funded by Section 37 funds obtained from the following developments: a. 2772-2778 Keele Street (Source Account: XR3026-3700050), secured for parkland and streetscape improvements in the vicinity of the development site, in the amount of $64,854.00; and b. 3100 Keele Street (Source Account: XR3026-3701072), secured for capital improvements to parkland in the Ward, in the amount of $15,146.00. 2. City Council direct that the $80,000.00 be forwarded to the Toronto Catholic District School Board upon the signing of an Undertaking by the Toronto Catholic District School Board governing the use of the funds and the financial reporting requirements.
CC45.20adopted
RioCan (the "Appellant") has appealed Official Plan Amendment No. 231 ("OPA 231") to the Ontario Land Tribunal ("OLT") regarding the property known as the RioCan Stockyards site, generally located south of Gunns Road, west of Weston Road and north of St. Clair Avenue (the "Lands"). City Council adopted OPA 231 in 2013 following the Five-Year Official Plan and Municipal Comprehensive Reviews regarding employment lands. OPA 231 re-designates the Lands as General Employment Areas and the Appellant seeks the Mixed Use Areas designation. RioCan has also made a conversion request for the lands under the City's current Municipal Comprehensive Review. The Lands are located within the Keele-St. Clair Local Area Study Area. The City Solicitor requires further directions.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report to the report (June 7, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachment 2 to the report to the report (June 7, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 7, 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 (June 7, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle site specific Appeal 149 to Official Plan Amendment 231 dated June 3, 2022 attached as Confidential Attachment 2 to the report (June 7, 2022) from the City Solicitor and City Council direct the City Solicitor, City Planning and other staff to attend at the Ontario Land Tribunal in support of the settlement. Confidential Attachment 2 to the report (June 7, 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 (June 7, 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. If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of the recommendations contained in the Confidential Attachment 1 and all of Confidential Attachment 2, with the remainder of Confidential Attachment 1 to remain confidential as it contains advice subject to solicitor-client privilege.
MM45.20adopted
The area that encompasses St. Jerome Catholic School has a growing population and an increasing number of children and young families. New developments approved and proposed along Wilson Avenue, Sheppard Avenue West and Keele Street will only put additional pressure on the existing park facilities. The school and community require safe and new playgrounds facilities to meet the needs of a neighbourhood which has seen slow and sporadic capital investments on publicly accessible parkland over the past 20 years. The Toronto Catholic District School Board has identified a need for capital investments on the site, in the form of a renewed playground. This facility can continue to be used by community members to supplement their access to local outdoor play space outside of school hours. The Section 37 Implementation Guidelines (section 5.7) approved by Council in 2007 state that: "Cash contributions toward the capital improvement of school board playgrounds are eligible S.37 community benefits where the playground serves as a local park, where the public will continue to have reasonable access for the foreseeable future, and where there is no local City-owned parkland performing a similar function in the same community that could otherwise benefit from the cash contribution." The Toronto Catholic District School Board will sign an Undertaking governing the use of the funds and the financial reporting requirements prior to the funds being released from the City.
City Council on June 15 and 16, 2022, adopted the following: 1. City Council increase the 2022 Approved Operating Budget for Non-Program by $100,000.00 gross, $0 net, (Cost Centre: NP2161), fully funded by Section 37 funds obtained in the development 2772-2778 Keele Street, (Source Account: XR3026-3700050), secured for parkland and streetscape improvements in the vicinity of the development site, for the purpose of providing one time capital funding to the Toronto Catholic District School Board for playground improvements at St. Jerome Catholic School located at 111 Sharpecroft Boulevard. 2. City Council direct that the $100,000.00 be forwarded to the Toronto Catholic District School Board upon the signing of an Undertaking by the Toronto Catholic District School Board governing the use of the funds and the financial reporting requirements.
Staff recommendation as filed
Councillor James Pasternak, seconded by Councillor Brad Bradford, recommends that: 1. City Council increase the 2022 Approved Operating Budget for Non-Program by $100,000.00 gross, $0 net, (Cost Centre: NP2161), fully funded by Section 37 funds obtained in the development 2772-2778 Keele Street, (Source Account: XR3026-3700050), secured for parkland and streetscape improvements in the vicinity of the development site, for the purpose of providing one time capital funding to the Toronto Catholic District School Board for playground improvements at St. Jerome Catholic School located at 111 Sharpecroft Boulevard. 2. City Council direct that the $100,000.00 be forwarded to the Toronto Catholic District School Board upon the signing of an Undertaking by the Toronto Catholic District School Board governing the use of the funds and the financial reporting requirements.
CC45.21amended
C & P Development Limited Partnership (the "Applicant") is the owner of the property municipally known as 717 Church Street and 85, 89, 93, and 97 Collier Street (the "Subject Site"), located on the north side of Church Street, between Yonge Street and Bloor Street East, at the intersection of Church Street and Collier Street. The Subject Site is currently developed with a four-storey office building at 717 Church Street and two three-storey semi-detached house form buildings containing residential and non-residential at 85, 89, 93, and 97 Collier Street. North of the Subject Site is a 15-storey residential building at 66 Collier Street as well as Harold Town Park and the Rosedale Ravine. West of the Subject Site is the Toronto Reference Library and a 10-storey mixed-use building at 20 Collier Street. South of the Subject Site is a 17-storey residential building at 40 Asquith Avenue and a 32-storey building at 8 Park Road. Finally, east of the Subject Site is the low-rise Collier Asquith residential neighbourhood consisting predominantly of 2 to 3-storey semi-detached dwellings. On November 20, 2020, the Applicant submitted a Zoning By-law Amendment application to amend Zoning By-laws 438-86 and 569-2013 (the "Application") to permit the redevelopment of the Subject Site with a 30-storey (105.86 metres including mechanical penthouse) mixed-use building (the "Development"). The Development includes 300 dwelling units and is proposed to have a total of 3 car share parking stalls, 1 Type-G loading space, and 320 bicycle parking spaces. The proposal also includes 129 square metres of privately owned publically-accessible space ("POPS"). The Development will include 76 square metres of outdoor amenity space located on the 30th floor and 600 square metres of indoor amenity space on the 2nd and 30th floors. Finally, the new building will have 19,626 square metres of residential gross floor area ("GFA") and 29 square metres of retail GFA, resulting in a floor space index ("FSI") of 20.81 times the area of the lot. On May 27, 2021, 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 Case OLT-21-001034. In addition to the City and the Applicant, the Collier Asquith Neighbourhood Association ("CANA") is also a party to the appeal. To date, the OLT has held one case management conference on January 4, 2022. The appeal is currently scheduled to be heard by the OLT during a 10-day hearing on November 28 to December 9, 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 June 15 and 16, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 8, 2022) from the City Solicitor, as amended by motion 1 by Councillor Mike Layton. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (June 8, 2022) from the City Solicitor, as amended by motion 1 by Councillor Mike Layton. 3. City Council authorize public release of Confidential Attachments 2 and 3 to the report (June 8, 2022) from the City Solicitor. 4. City Council direct that the balance of Confidential Attachment 1 to the report (June 8, 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 (June 8, 2022) from the City Solicitor, as amended by motion 1 by Councillor Mike Layton, were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice Settlement Offer dated June 3, 2022 in Confidential Attachment 2 and as generally shown on the Revised Plans dated June 1, 2022, in Confidential Attachment 3 to the report (June 8, 2022) from the City Solicitor, subject to the Parts 2 to 10 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 June 3, 2022 in Confidential Attachment 2 and as generally shown on the Revised Plans dated June 1, 2022 in Confidential Attachment 3 to the report (June 8, 2022) from the City Solicitor. 3. 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 $3,800,000 to be paid by the Applicant prior to the issuance of the first above-grade building permit for the proposed development, to be allocated as follows, the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor: A. $500,000 to be allocated for on-site public art; B. $500,000 to be allocated for enhanced streetscape improvements adjacent to the Subject Site, including improvements to Collier Street that enhance the urban design of that street; C. $1,000,000 to be allocated for affordable housing initiatives; and D. $1,800,000 to be allocated for social services, community facilities, park improvements and road safety and streetscape improvements in the immediate area of Bloor Street East, Yonge Street, Rosedale Valley Road and St. Paul's Square; and ii. in the event that the cash contribution in Part 3.a.i. above has not been used for the intended purpose within three (3) years of the Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the 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 2.38 metres along the Park Road frontage of the Subject Site; ii. the Applicant shall provide, at its own expense, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, a privately-owned, publicly-accessible space located along the west corner of the Subject Site along Church Street and Collier Street as generally shown on the Revised Plans dated June 1, 2022, in Confidential Attachment 3 to the report (June 8, 2022) from the City Solicitor, and have a minimum area of not less than 129.3 square metres; prior to the issuance of site plan approval, the Applicant shall convey for nominal consideration an easement along the surface of the privately-owned, publicly-accessible space lands to the City; the specific location, configuration, and design of the privately-owned, publicly-accessible space area shall be determined through the site plan approval process and shall be secured in a Site Plan Agreement with the City to the satisfaction of the Director, Community Planning, Toronto and East York District; the Applicant shall own, operate, maintain, and repair the privately-owned, publicly-accessible space and shall be required to install and maintain a sign stating that members of the public shall be entitled to use the privately-owned, publicly-accessible space area, all at the Applicant's own expense; and alternatively, the Applicant may convey to the City the area intended for the privately-owned, publicly-accessible space as on-site parkland in full or partial satisfaction of its parkland contribution as required by Section 42 of the Planning Act, at the election of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry, and Recreation; iii. the Applicant agrees to implement one of the four (4) design options (Options A, B, C, or D) for grade-related access to the Subject Site as generally shown on the Revised Plans dated June 1, 2022, to be selected by, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, in consultation with the local community; and iv. prior to Site Plan Approval, the Applicant agree to provide a Construction Management plan and Neighbourhood Community Strategy to the satisfaction of the Chief Planer and Executive Director, City Planning, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services and the local Ward Councillor. 4. City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold its final Order on the Zoning By-law Amendment until the earlier of August 12, 2022, or the Ontario Land Tribunal having been advised by the City Solicitor that: a. the proposed Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the Applicant has, at its sole expense: i. submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report, Groundwater Report and Hydrogeological Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; and ii. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new 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, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development; and c. a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the Subject Site to the satisfaction of the City Solicitor, securing community benefits and matters of a legal convenience required to support the development outlined in Part 3 above. 5. City Council instruct the City Solicitor to request that the final form of the Zoning By-law Amendment to be issued by the Ontario Land Tribunal contain the following provisions: a. pursuant to Section 37 of the Planning Act, and subject to compliance with this By-law, the increase in height and density of the development is permitted beyond that otherwise permitted on the lands shown on Diagram 1 of this By-law, in return for the provision by the owner, at the owner's expense of the facilities, services and matters set out in Schedule A hereof and which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act that are in a form and registered on title to the lands to the satisfaction of the City Solicitor; b. where Schedule A of this By-law requires the owner to provide certain facilities, services or matters prior to the issuance of a building permit, the issuance of such permit shall be dependent on satisfaction of the same; c. the Applicant must not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to exception CR ● of By law 569-2013, as amended, unless the provisions of Schedule A of such By-law are satisfied; and d. Schedule A, which shall provide the Applicant shall enter into and register on title to the lands, one or more agreements pursuant to Section 37 of the Planning Act, at the Applicant's expense, to secure the community benefits and matters of a legal convenience required to support the development outlined in Part 3 above, on such terms and conditions as may be required, all satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor. 6. City Council instruct the City Solicitor, in the event that the matters listed in Part 4 above have not been completed to the satisfaction of the appropriate City Official by August 12, 2022, to request that the final form of the Zoning By-law Amendment to be issued by the Ontario Land Tribunal contain a Holding ("H") provision conditional on the completion of the following matters, all to the satisfaction of the City Solicitor: a. the Applicant has, at its sole expense: i. submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report, Groundwater Report and Hydrogeological Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; and ii. secured the design and the provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure and/or new 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, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development. 7. City Council instruct the City Solicitor, in the event that the Ontario Land Tribunal cannot issue its final Order on the Zoning By-law Amendment on or before August 12, 2022, to request that the Ontario Land Tribunal render its final Order on the Zoning By-law Amendment effective as of no later than August 12, 2022. 8. City Council request the Chief Planner and Executive Director, City Planning and other appropriate staff to review as part of the Site Plan Approval process the four (4) design options (Options A, B, C, or D) for grade-related access to the subject site, with a focus on Option C, and to determine the preferred design option to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, in consultation with the local ward Councillor and the local community including the Collier Asquith Neighbourhood Association. 9. City Council request the Chief Planner and Executive Director, City Planning to review as part of the Site Plan Approval process the design of the building, including its architectural features and materiality, with such final design to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local ward Councillor and the local community including the Collier Asquith Neighbourhood Association. 10. 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 (June 8, 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 (June 8, 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 (June 8, 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.