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 26 to 50 of 86Show 2550100all
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.