Toronto City Council
The full agenda, as filed
All 172 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 172Show 2550100all
CC47.9adopted
Appointment of Public Members to the Metro Toronto Convention Centre Board
At its meeting on June 23, 2022, the Corporations Nominating Panel considered Item NC22.2, Appointment of Public Members to the Metro Toronto Convention Centre Board and made recommendations to City Council.
City Council on July 19, 20, 21 and 22 2022, adopted the following: 1. City Council appoint the following candidates to the Metro Toronto Convention Centre Board, at pleasure of Council, for a term of office ending July 20, 2025, and until successors are appointed: Scott Beck, Tourism Toronto Nikki Holland Jascha Jabes 2. City Council direct that Confidential Attachments 1 to 4 to the report (June 13, 2022) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Metro Toronto Convention Centre Board. Confidential Attachments 1 to 4 to the report (June 13, 2022) from the City Clerk remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they relate to personal matters about identifiable individuals being considered for appointment to the Metro Toronto Convention Centre Board.
Staff recommendation as filed
The City Clerk transmits the Decision Letter from the Corporations Nominating Panel. The Corporations Nominating Panel recommends that: 1. City Council appoint the following candidates to the Metro Toronto Convention Centre Board, at pleasure of Council, for a term of office ending July 20, 2025, and until successors are appointed: Scott Beck, Tourism Toronto Nikki Holland Jascha Jabes 2. City Council direct that Confidential Attachments 1 to 4 to the report (June 13, 2022) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Metro Toronto Convention Centre Board. Candidates' biographies: Scott Beck, Tourism Toronto Scott Beck is a native of the United States, having been born in Utah. Scott was raised with tourism as the driving force in his family. Scott is currently President and CEO of Tourism Toronto. Prior to joining Tourism Toronto in October 2019, Scott served as the President and CEO of Visit Salt Lake from 2005-19. Scott is past international board chair of Destinations International. Prior to joining Visit Salt Lake Scott was the General Manager of the Salt Lake City Marriott City Center hotel. Nikki Holland Nikki Holland is the Vice President, Stakeholder Relations Pension at OMERS, responsible for leading the proactive relationships with 30+ stakeholders of the pension plan. Before joining OMERS, Nikki was the CEO of Jewish Federations of Canada -UIA. A seasoned communications, stakeholder relations and public affairs executive with extensive expertise having previously worked at the Carpenters' District Council, Invest Toronto, Insurance Bureau of Canada, and the provincial government. Jascha Jabes Jascha Jabes is the Vice-President of Small Business at the Bank of Nova Scotia. He leads a large Canadian business unit. Most recently he served as Vice-President of International Private Banking in the Bank's Wealth Management Unit covering units in the Caribbean and Latin America. Over the last 15 years Jascha has worked in several divisions of the Bank of Nova Scotia including Capital Markets, Distribution, Credit and Corporate Banking. He has previously served as a senior policy advisor to the federal Minister of Industry and analyst at the Privy Council Office. He was educated at Queen's University and holds a Master's degree from London School of Economics. Jascha lives with his family in Toronto.
MM47.9adopted
St. Josaphat Catholic School is seeking to enhance its outdoor facilities for recreation and social gathering space for the school and the broader community in New Toronto. This Motion seeks to direct Section 37 funds towards the St. Josaphat Playground Renovation Project for the purposes of installing picnic tables, benches, a basketball hoop, and an upgraded playground structure. The school's grounds are considered a local park and are open and reasonably accessible to the public at all material times and for the foreseeable future.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council increase the 2022 Approved Operating Budget for Non-Program by $40,000 gross, $0 net, (Cost Centre: NP2161), fully funded by Section 37 funds obtained in the development at 225 Birmingham Street, (Source Account: XR3026- 3701187), secured for a variety of purposes including park improvements in the Ward, for the purpose of providing one time capital funding to the Toronto Catholic District School Board for playground improvements at St. Josaphat Catholic School located at 110 Tenth Street. 2. City Council direct that the $40,000.00 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 Mark Grimes, seconded by Councillor Mike Colle, recommends that: 1. City Council increase the 2022 Approved Operating Budget for Non-Program by $40,000 gross, $0 net, (Cost Centre: NP2161), fully funded by Section 37 funds obtained in the development at 225 Birmingham Street, (Source Account: XR3026- 3701187), secured for a variety of purposes including park improvements in the Ward, for the purpose of providing one time capital funding to the Toronto Catholic District School Board for playground improvements at St. Josaphat Catholic School located at 110 Tenth Street. 2. City Council direct that the $40,000.00 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.
CC47.10adopted
Appointment of a Public Member to the Property Standards Committee
At its meeting on June 29, 2022, the Nominating Panel - Property Standards Committee considered Item NP8.1, Appointment of a Public Member to the Property Standards Committee and made recommendations to City Council.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council appoint Roberta Jennings to the Property Standards Committee, for a term of office ending May 5, 2025, and until a successor is appointed. 2. City Council direct that Confidential Attachments 1 to 4 to the report (June 14, 2022) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Property Standards Committee. Confidential Attachments 1 to 4 to the report (June 14, 2022) from the City Clerk remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they relate to personal matters about identifiable individuals being considered for appointment to the Property Standards Committee.
Staff recommendation as filed
The City Clerk transmits the Decision Letter from the Nominating Panel - Property Standards Committee The Nominating Panel - Property Standards Committee recommends that: 1. City Council appoint Roberta Jennings to the Property Standards Committee, for a term of office ending May 5, 2025, and until a successor is appointed. 2. City Council direct that Confidential Attachments 1 to 4 to the report (June 14, 2022) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Property Standards Committee. Candidate's Biography: Roberta Jennings is an experienced tribunal member with the City of Toronto, having previously served on the Etobicoke-York panels of the Committee of Adjustment and Property Standards Committees. Prior to her adjudication career, she worked in human resources. Roberta volunteers with several cultural organizations and is on the board of directors of her senior centre. She has a Bachelor of Arts in Communication Studies, a Certificate in Human Resources Management and a Diploma in Legal Administration.
MM47.10adopted
The applicant applied to the Committee of Adjustment seeking permission to sever the property at 399 Rouge Highlands Drive into two residential lots (Application B0034/21SC). This consent application was heard together with two companion minor variance applications (Applications A0187/21SC and A0188/21SC). The applicant seeks to redevelop the property with two new detached dwellings. The conveyed lot would have a frontage of 15.24 metres and an area of 464.1 square metres and the retained lot would have a frontage of 15.24 metres and an area of 459.5 square metres. The applicant also seeks variances from City-wide Zoning By-law 569-2013 and former City of Scarborough Centennial Community By-law 12077, including variances for lot frontage, lot area, floor area, dwelling height, height of proposed side main walls, height of proposed rear platform, encroachment of proposed rear platform into rear yard setback, encroachment of proposed front canopy into front yard setback, and vehicle access to parking space. On May 5, 2022, the Scarborough District Panel of the Committee of Adjustment refused to grant the requested consent to sever and companion minor variance applications (see the Decisions attached to this Motion). The applicant has appealed the refusal to the Toronto Local Appeal Body. A hearing of this appeal has been scheduled for September 30, 2022. This Motion will authorize the City Solicitor and appropriate staff to attend the Toronto Local Appeal Body to uphold the Committee of Adjustment's refusal of Application A0187/21SC, A0188/21SC and B0034/21SC. This Motion will also authorize the City Solicitor to retain outside consultants as necessary and to resolve the matter on behalf of the City in the City Solicitor's discretion.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council direct the City Solicitor and appropriate City staff to attend the Toronto Local Appeal Body to uphold the Committee of Adjustment's refusal of Applications A0187/21SC, A0188/21SC and B0034/21SC regarding 399 Rouge Highlands Drive. 2. City Council direct the City Solicitor to seek to retain outside consultants to attend the Toronto Local Appeal Body to uphold the Committee of Adjustment's refusal of Applications A0187/21SC, A0188/21SC and B0034/21SC regarding 399 Rouge Highlands Drive. 3. City Council authorize the City Solicitor to resolve the matter on behalf of the City in the City Solicitor's discretion.
Staff recommendation as filed
Councillor Jennifer McKelvie, seconded by Councillor Gary Crawford, recommends that: 1. City Council direct the City Solicitor and appropriate City staff to attend the Toronto Local Appeal Body to uphold the Committee of Adjustment's refusal of Applications A0187/21SC, A0188/21SC and B0034/21SC regarding 399 Rouge Highlands Drive. 2. City Council direct the City Solicitor to seek to retain outside consultants to attend the Toronto Local Appeal Body to uphold the Committee of Adjustment's refusal of Applications A0187/21SC, A0188/21SC and B0034/21SC regarding 399 Rouge Highlands Drive. 3. City Council authorize the City Solicitor to resolve the matter on behalf of the City in the City Solicitor's discretion.
CC47.11adopted
Appointment of Public Members to the Toronto Local Appeal Body
At its meeting on July 11, 2022, the Nominating Panel -Toronto Local Appeal Body considered Item XV8.1, Appointment of Public Members to the Toronto Local Appeal Body and made recommendations to City Council.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council appoint the following candidates to the Toronto Local Appeal Body for a term of office ending July 16, 2026, and until successors are appointed: Ron Kanter Trevor Kezwer Blair Martin Paula Turtle 2. City Council direct that Confidential Attachments 1 to 6 to the report (June 27, 2022) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Local Appeal Body. Confidential Attachments 1 to 6 to the report (June 27, 2022) from the City Clerk remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Local Appeal Body.
Staff recommendation as filed
The City Clerk transmits the Decision Letter from the Nominating Panel - Toronto Local Appeal Body: The Nominating Panel - Toronto Local Appeal Body recommends that: 1. City Council appoint the following candidates to the Toronto Local Appeal Body to City Council for appointment for a term of office ending July 16, 2026, and until successors are appointed: - Ron Kanter - Trevor Kezwer - Blair Martin - Paula Turtle 2. City Council direct that Confidential Attachments 1 to 6 to the report (June 27, 2022) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Local Appeal Body. Candidates' biographies: Ron Kanter Ron Kanter obtained a Bachelor of Laws from University of Toronto Law School, and a Master of Laws from Osgoode Hall. He served as a Toronto City Councillor and Member of Provincial parliament, where he directed a provincial study balancing development and environmental protection. Ron subsequently practiced municipal and planning law at several Toronto law firms for more than 30 years, representing applicants, objectors, public entities and community groups. He has also trained and practiced as a mediator, adjudicator and arbitrator. Trevor Kezwer Trevor Kezmer obtained his law degree from the University of Windsor. In addition, Trevor holds a Master's Degree in International Relations from McMaster University. Trevor has experience working for a municipality, including working with planning staff, and preparing for hearings before the Ontario Municipal Board (now known as the Ontario Land Tribunal). As a resident of Toronto, Trevor appreciates the impact that planning decisions have on local neighbourhoods. Blair Martin Blair Martin is an accomplished real estate executive and city planner. During his professional career he has appeared before appeal tribunals as an appellant, a defendant, as a public official, as a witness giving expert testimony and as a private landowner. He has both past and current not-for-profit Board of Director experience, as well as experience with local government adhoc committees. Blair is currently a non-practicing Member of the Canadian Institute of Planners. Paula Turtle Paula Turtle holds an undergraduate degree from Toronto Metropolitan (formerly Ryerson) University and an Bachelor of Laws from Osgoode Hall Law School. After working for many years as a labour lawyer, she was a Vice-Chair at the Ontario Labour Relations Board from 2015 to 2020. She has served on the Board of Wood Green Community Services and as a member of the Advocacy Committee of Cycle Toronto. She has a private practice as a mediator-arbitrator.
MM47.11amended
City staff have recently announced the outdoor pool at Riverdale Park East will not open this year until late July. Though originally scheduled to open on June 18th, it was discovered that additional repairs to the pool basin were needed over what was originally anticipated when the existing liner was fully removed and basin could be more accurately assessed. Swimming is both a healthy recreational activity and a life-saving skill. The City should do its utmost to foster this activity. Both the park and pool are an important oasis for East End residents. Many residents use the pool and it always quite full. It also serves as critical respite during heat waves. Parks, Forestry and Recreation does extend the season at select pools. It would only fair to the residents who use the outdoor pool at Riverdale Park East to offset the late opening with an extended season.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council request the General Manager, Parks, Forestry and Recreation to extend the season for the outdoor pools at Riverdale Park East, Woodbine Beach Park and at the Amesbury Sports Complex until at least September 11, 2022 and longer, if possible.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Mike Layton, recommends that: 1. City Council request the General Manager, Parks, Forestry and Recreation to extend the season for the outdoor pool at Riverdale Park East until at least September 11, 2022 and longer, if possible.
CC47.12adopted
In July of 2020, City Council approved the revitalization of a Toronto Community Housing (TCHC) site located at 1555-1575 Queen Street East (the "Subject Site") including a 10 storey residential building (the "TCHC Building"), a 17 storey (the "Western Market Building") and 16 storey mixed-use building (the "Eastern Market Building"). The project includes 50 new affordable rental units in the Eastern Building (the "New Affordable Units"), 32 affordable housing and rent geared to income units that are to be transferred to the City (the "City Units") 26 of which are to be constructed in the Eastern Market Building and 6 are to be constructed in the Western Market Building, and 35 new TCHC units (the "New TCHC Units") to be located in the TCHC Building. The project also includes the provision of 120 replacement social housing units to be located in the TCHC Building ("Rental Replacement Units"). Subsequent to City Council's approval of the applications, TCHC and RC Ashbridge Inc. (Context Summerville) entered into a section 37 agreement with the City dated October 26, 2020 (the "Section 37 Agreement") and an agreement pursuant to section 111 of the City of Toronto Act, 2006 dated July 21, 2021 (the "Section 111 Agreement"). These agreements secured obligations relating to the provision of the New Affordable Units, the City Units and the Rental Replacement Units. This report seeks authority to amend the Section 37 Agreement and Section 111 Agreement for the Subject Site to exempt Canada Mortgage and Housing Corporation (CMHC), CMHC approved lenders and subsequent transferees from Section 37 and Section 111 obligations relating to the TCHC Building and City Units as proposed on the Subject Site. The obligations relating to the TCHC building and City Units in the Section 37 Agreement and Section 111 Agreement will remain obligations of the owners of the TCHC lands and the owners of the market lands.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council authorize the appropriate City officials to enter into and register on title an agreement to amend the Section 37 Agreement dated October 26, 2020, registered as Instrument AT5558406 on October 29, 2020 and the Section 111 Agreement dated July 21, 2021, registered as Instrument AT5814429 on July 29, 2021 in a form satisfactory to the City Solicitor, as follows: a. add the following definitions to the Section 37 Agreement and the Section 111 Agreement: "Approved Lender" means a lender designated as an approved lender by CMHC in accordance with the National Housing Act (Canada) and the regulations thereunder that is a mortgagee of the CMHC Financed Lands pursuant to a certificate of insurance issued by CMHC. "CMHC" means Canada Mortgage and Housing Corporation established by the Canada Mortgage and Housing Corporation Act, R.S.C. 1985, c. C-7, as amended; and "CMHC Financed Lands" means the lands financed by CMHC including the construction and operation of the Eastern Market Building, which includes the Developer-owned Affordable Rental Units, certain ground floor commercial space and related facilities in the building; and b. add the following paragraph to the Section 37 Agreement and the Section 111 Agreement: "Notwithstanding anything in this Agreement to the contrary, CMHC, an Approved Lender, any transferee from CMHC or an Approved Lender, or any subsequent successors in title to the CMHC Financed Lands will not be responsible for any obligations pertaining to the City/TCHC Units and the Replacement Social Housing Units. For clarity, for the purpose of this paragraph, subsequent successors in title to the CMHC Financed Lands only pertains to owners that follow CMHC, an Approved Lender or their transferees on title." 2. City Council direct the City Solicitor to prepare such amendments to the registered Section 37 Agreement and Section 111 Agreement and any other such amendments determined necessary to implement City Council's decision on this matter, on terms satisfactory to the Chief Planner and Executive Director, City Planning and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council authorize the appropriate City officials to enter into and register on title an agreement to amend the Section 37 Agreement dated October 26, 2020, registered as Instrument No. AT5558406 on October 29, 2020 and the Section 111 Agreement dated July 21, 2021, registered as Instrument No. AT5814429 on July 29, 2021 in a form satisfactory to the City Solicitor, as follows: a. Add the following definitions to the Section 37 Agreement and the Section 111 Agreement: "Approved Lender" means a lender designated as an approved lender by CMHC in accordance with the National Housing Act (Canada) and the regulations thereunder that is a mortgagee of the CMHC Financed Lands pursuant to a certificate of insurance issued by CMHC. "CMHC" means Canada Mortgage and Housing Corporation established by the Canada Mortgage and Housing Corporation Act, R.S.C. 1985, c. C-7, as amended. "CMHC Financed Lands" means the lands financed by CMHC including the construction and operation of the Eastern Market Building, which includes the Developer-owned Affordable Rental Units, certain ground floor commercial space and related facilities in the building. b. Add the following paragraph to the Section 37 Agreement and the Section 111 Agreement: "Notwithstanding anything in this Agreement to the contrary, CMHC, an Approved Lender, any transferee from CMHC or an Approved Lender, or any subsequent successors in title to the CMHC Financed Lands will not be responsible for any obligations pertaining to the City/TCHC Units and the Replacement Social Housing Units. For clarity, for the purpose of this paragraph, subsequent successors in title to the CMHC Financed Lands only pertains to owners that follow CMHC, an Approved Lender or their transferees on title." 2. City Council direct the City Solicitor to prepare such amendments to the registered Section 37 Agreement and Section 111 Agreement and any other such amendments determined necessary to implement City Council's decision on this matter, on terms satisfactory to the Chief Planner and Executive Director, City Planning and in a form satisfactory to the City Solicitor.
MM47.12adopted
Our Lady of Sorrows Catholic School currently does not have any play elements or structures for its students in the Grades 1-8 cohorts, and the surrounding neighbourhood is experiencing pressure on its existing playground structures due to residential development on and around Bloor Street West. This Motion seeks to direct Section 37 funding towards the Our Lady of Sorrows Catholic School Student Parent Counsel Playground Revitalization Project. This Project is the second phase of a 2-phase project to improve Our Lady of Sorrows Catholic School's outdoor premises. Phase 1 was the installation of a community turf field that is subject to a Joint Shared Use Agreement between the City of Toronto and the Toronto Catholic District School Board. The purpose of the Project is to install a playground structure and develop outdoor play spaces for loose parts play, an accessible outdoor classroom, and learning gardens. The intended users of this space are Our Lady of Sorrows Catholic School students and members of the community at large, particularly those who will reside in the condominium developments being built at Bloor Street and Montgomery Road as well as other condominium sites east and west of that intersection given the buildings' close proximity to Our Lady of Sorrows Catholic School.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council increase the 2022 Approved Operating Budget for Non-Program by $66,023 gross, $0 net, (Cost Centre: NP2161), fully funded by Section 37 funds obtained in the development at 21 Old Mill Road, (Source Account: XR3026-3700442), secured for park improvements within the vicinity of the subject site, for the purpose of providing one time capital funding to the Toronto Catholic District School Board for playground improvements at Our Lady of Sorrows Catholic School located at 32 Montgomery Road. 2. City Council direct that the $66,023 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 Mark Grimes, seconded by Councillor Mike Colle, recommends that: 1. City Council increase the 2022 Approved Operating Budget for Non-Program by $66,023 gross, $0 net, (Cost Centre: NP2161), fully funded by Section 37 funds obtained in the development at 21 Old Mill Road, (Source Account: XR3026-3700442), secured for park improvements within the vicinity of the subject site, for the purpose of providing one time capital funding to the Toronto Catholic District School Board for playground improvements at Our Lady of Sorrows Catholic School located at 32 Montgomery Road. 2. City Council direct that the $66,023 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.
CC47.13adopted
The purpose of this report is to request further instructions for the Ontario Land Tribunal ("OLT") hearing into this matter currently scheduled to commence on September 7, 2022, for three weeks. The applicant appealed the proposed Zoning By-Law and Official Plan amendments to the OLT due to Council's failure to make a decision on the application within the time prescribed by the Planning Act.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 29, 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 29, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendix A to the report (June 29, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (June 29, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the in-principle Settlement Offer set out in Confidential Appendix A to the report (June 29, 2022) from the City Solicitor (the "Settlement Offer") and authorize the City Solicitor to take all necessary steps to give effect to a full settlement of the matter and return to City Council for further instructions, if necessary. 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. The balance of Confidential Attachment 1 and Confidential Appendix A to the report (June 29, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 and Confidential Appendix A to the report (June 29, 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. 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 balance of Confidential Attachment 1 to the report and Confidential Appendix A to remain confidential at the discretion of the City Solicitor, as they contain advice and information that is subject to solicitor-client privilege.
MM47.13adopted
Garamond Court in Don Mills is home of the much loved Japanese Canadian Cultural Centre. Founded in 1963, the Japanese Canadian Cultural Centre is a not-for-profit organization which celebrates the unique culture, history and legacy of Japanese Canadians for the benefit of all Canadians. The Japanese Canadian Cultural Centre is recognized worldwide as an important and vibrant community institution. With 5,200 members, almost half of which are of non-Japanese ancestry, the centre attracts over 210,000 visitors to its festivals, concerts, martial arts tournaments and special events annually. It welcomes more than 15,000 students from the Greater Toronto Area and beyond each year to participate in seminars on Japanese history, culture and the Japanese Canadian experience. In the next year Japanese Canadian Cultural Centre will be planting 70 cherry trees, also known as Sakura, along Garamond Court. Sakura are very popular for their springtime blossoms and the Japanese celebration of the sakura bloom each year is an important cultural festival. In recognition of the cultural significance of the sakura bloom, the Japanese Canadian Cultural Centre's presence in the community, and as a part of the emerging Wynford cultural corridor, it is appropriate to rename Garamond Court as Sakura Court.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council direct the Chief Engineer and Executive Director, Engineering and Construction Services to instruct staff to begin the process for renaming Garamond Court to Sakura Court, including the required community consultation, and to report back to the North York Community Council in the second quarter of 2023.
Staff recommendation as filed
Deputy Mayor Denzil Minnan-Wong, seconded by Councillor Cynthia Lai, recommend that: 1. City Council direct the Chief Engineer & Executive Director, Engineering and Construction Services to instruct staff to begin the process for renaming Garamond Court to Sakura Court, including the required community consultation, and to report back to the North York Community Council in the second quarter of 2023.
CC47.14adopted
The applicant appealed its zoning by-law amendment application and site plan control application to the Ontario Land Tribunal (the "Tribunal") on April 7, 2022. The Tribunal has scheduled the first case management conference in this matter for August 4, 2022. The Tribunal's rules expect parties to the appeal to be prepared with issues in respect of the appeal by the first case management conference. The applicant has gone on the public record indicating their willingness to mediate the appeals. Further direction from City Council is required on this matter.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 5, 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 (July 5, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 5, 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 (July 5, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council direct the City Solicitor and appropriate City staff to attend before the Ontario Land Tribunal in opposition to the notice of appeal filed by Blauson Asset Management Ltd. c/o Ling Kee Group on April 7, 2022 in respect of the Zoning By-law Amendment application (Application 20 118393 ESC 20 OZ). 2. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. The balance of Confidential Attachment 1 to the report (July 5, 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 (July 5, 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 (July 5, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the Report (July 5, 2022) from the City Solicitor in the event City Council adopts Recommendation 1. 3. City Council direct that all other information contained in Confidential Attachment 1 to the Report (July 5, 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.
MM47.14withdrawn
The purpose of this Motion is to allocate $1.2 million in Section 45 funds for the development of twenty-one new units of affordable rental housing at 316 - 336 Campbell Avenue. The Section 45 funds are being paid to the City from the development at 1245 Dupont Street, the former Galleria Mall. The affordable rental homes at 316 - 336 Campbell Avenue will be built by the owner and provided to a non-profit housing agency to own and operate. The affordable rental homes will also be supported financially by a Section 37 community benefit contribution and incentives from the City's Open Door Program, as addressed by Item 2022.TE34.17, 316-336 Campbell Avenue - Official Plan, Zoning By-law Amendment and Rental Demolition Applications - Final Report.
Item MM47.14 was withdrawn at City Council on July 19, 20, 21 and 22, 2022.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Paula Fletcher, recommends that: 1. City Council direct that existing and/or future Section 45 funds from the development at 1245 Dupont Street, to a maximum of $1,200,000, be allocated toward the twenty-one (21) new affordable rental dwelling units proposed on the lands at 316-336 Campbell Avenue and addressed by Item 2022.TE34.17, with such allocation to be determined through the budget process and future reports for City Council's approval. 2. City Council authorize the Executive Director, Housing Secretariat to provide $1,200,000 inclusive of Harmonized Sales Tax and disbursements, from the Capital Revolving Reserve Fund for Affordable Housing (XR1058) with such amount to be fully funded from Section 45 funds received by the City for affordable housing purposes, from the development at 1245 Dupont Street (XR3028), under the terms of the municipal housing facility agreement with Campont Developments Limited (or a related corporation) and/or Community Affordable Housing Solutions (or a related corporation), or a non-profit housing provider approved by the Executive Director, Housing Secretariat, at their sole discretion, for the development of twenty-one (21) new affordable rental dwelling units at 316-336 Campbell Avenue, to secure the financial assistance being provided and set out the terms of the operation of the new affordable rental dwelling units, on terms and conditions acceptable to the Executive Director, Housing Secretariat, in a form satisfactory to the City Solicitor. 3. City Council increase the 2023 Operating Budget for the Housing Secretariat by $1,200,000 gross subject to the receipt of funds.
CC47.15adopted
On October 9, 2020, Official Plan Amendment, Zoning By-law Amendment, and Rental Housing Demolition applications were submitted by Birchcliff Developments Inc. (the "Applicant") to the City of Toronto (the "City") for the lands at 1615-1641 Kingston Road and 50-52 Birchcliff Avenue (the "Site"). The Zoning By-law Amendment Application proposed a 10 storey mixed-use building containing 264 residential units, including 5 live/works units at grade along Kingston Road, and 99 square metres of commercial use. The Rental Housing Demolition Application proposed to demolish the existing 33 rental dwelling units located at 1625-1641 Kingston Road and 52 Birchcliff Avenue, and replace them in a development proposed via a Zoning By-law Amendment application at 2151 Kingston Road. On August 6, 2021, the Applicant submitted a revised Official Plan Amendment and Zoning By-law Amendment application to the City (the "Revised Application"). This Revised Application proposes a 9 storey mid-rise building located in the Mixed-Use Areas designation on the Site, and a 4 storey low-rise building located in the Neighbourhoods designation, fronting Birchcliff Avenue. A total of 279 residential units are proposed in the mid-rise building, including 7 live-work units along the Kingston Road frontage, and 33 residential rental replacement units and amenity space are proposed for the low-rise building. The Applicant appealed City Council's neglect or failure to make a decision on its Revised Application to the Ontario Land Tribunal (the "OLT") on August 13, 2021 (the "Appeal"). The OLT conducted a Case Management Conference on January 24, 2022. A second Case Management Conference has been scheduled for July 13, 2022.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 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 (July 6, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 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 (July 6, 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 as described in Confidential Appendix A to the report (July 6, 2022) from the City Solicitor (the "Settlement Offer") and subject to the Parts below. 2. City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal case management conference on this matter in support of the Settlement Offer for 1615-1641 Kingston Road and 50-52 Birchcliff Avenue (the "Site"). 3. In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, City Council instruct 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 Official Plan Amendment and the Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor; b. City Council has approved the rental housing demolition application 20 203480 ESC 20 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 for the Site and, should City Council authorize the application, that the Applicant has entered into an agreement pursuant to Section 111 of the City of Toronto Act incorporating securing the replacement rental dwelling units and rents, tenant assistance and other rental related matters, and registered such agreement on title, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; c. the Applicant has submitted an addendum to the Traffic Impact Study to the satisfaction of the General Manager, Transportation Services, addressing comments raised in the June 7, 2022 memorandum from the Manager, Development Engineering, Scarborough District; and d. the Applicant has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, demonstrating how the development proposal for the Site can be serviced and whether existing municipal infrastructure is adequate to support the proposed development. 4. City Council require, as part of the Site Plan approval process, that the Applicant shall enter into an agreement or agreements or otherwise secure the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing and Stormwater Management Report and the Traffic Study addendum, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the General Manager, Toronto Water. 5. City Council direct the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning to engage with the Applicant and the Birch Cliff Village Community Residents Association, in conjunction with the review of the site plan control application, to examine the feasibility and appropriateness of implementing measures into the design of the site driveway and boulevard to limit the opportunity for vehicles to exit the Site and travel south on Birchcliff Avenue. 6. City Council authorize and direct the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendix A to the report (July 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 (July 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 (July 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 (July 6, 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 (July 6, 2022) from the City Solicitor, and Confidential Appendix "A", if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the report (July 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.
MM47.15adopted
Leaside Tennis Club, founded in 1948, is one of the many City of Toronto community tennis clubs. Located in Trace Manes Park (Ward 15 - Don Valley West), the club runs programming between the months of April and October. Leaside Tennis Club's objectives are to encourage, foster and promote the game of tennis through its adult and junior tennis instruction, clinics, tournaments and summer camps. Leaside Tennis Club would like to resurface all six courts in the park and contribute the funding required for the project through the hiring of a contractor to complete the work. The project will be completed in two phases: court resurfacing (Fall 2022) and court painting (Spring 2023). The scope of work includes: installation of 3" asphalt penetration court surface over the existing surface; extending existing net post sleeves to meet new grade; installation of fiberglass reinforcing mesh to surface; installation of three layers of acrylic resurfacer; installation of two layers of colour coat; and installation of white playing lines. The contractor hired by the tennis club and their proposed work have been approved by Parks, Forestry and Recreation staff. No costs will be incurred by Parks, Forestry and Recreation for the rebuilding of the surfaces of the courts, and ongoing maintenance will be covered through the Parks, Forestry and Recreation's existing operating budget. The Park will be restored to original condition by the Contractor once the project is completed should any damages be incurred as a result of construction. The total in-kind donation amount for this project is up to $0.260 million. Under City Council's Donations to the City of Toronto for Community Benefits Policy, Council authority is required to accept donations over $0.050 million. This Motion is deemed urgent in order for the work to commence in Fall 2022.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to accept an in-kind donation of up to $0.260 million from Leaside Tennis Club to rebuild the courts at Trace Manes Park in compliance with the City's Labour Trades Contractual Obligations in the Construction Industry, the Policy on Donations for Community Benefits and the Fair Wage Policy. 2. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and sign a construction and donation agreement for the up to $0.260 million donation from Leaside Tennis Club, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
Councillor Jaye Robinson, seconded by Councillor Mike Colle, recommends that: 1. City Council authorize the General Manager, Parks, Forestry and Recreation to accept an in-kind donation of up to $0.260 million from Leaside Tennis Club to rebuild the courts at Trace Manes Park in compliance with the City's Labour Trades Contractual Obligations in the Construction Industry, the Policy on Donations for Community Benefits and the Fair Wage Policy. 2. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and sign a construction and donation agreement for the up to $0.260 million donation from Leaside Tennis Club, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.
CC47.16adopted
The purpose of this report is to request further instructions for the Ontario Land Tribunal ("Tribunal") proceeding that is currently scheduled for April 3-19, 2023. The owner has provided a revised development proposal that depicts the retention of the designated heritage buildings and makes changes to the proposed built form. On July 14, 2021 City Council directed the City Solicitor along with appropriate staff to oppose the appeal. On June 15, 2022 City Council considered the heritage alterations associated with the revised development approval, ultimately approving the alterations under the Ontario Heritage Act in the event the revised development approval is approved by the Tribunal.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 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 (July 7, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 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. The confidential instructions to staff in Confidential Attachment 1 to the report (July 7, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council direct the City Solicitor, together with City Planning and other appropriate staff to appear before the Ontario Land Tribunal to oppose the rezoning application in its revised form as contained in the April 25, 2022 Settlement Offer. 2. In the event the Ontario Land Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold its final Order on the Official Plan and Zoning By-law Amendments until: a. the Draft Official Plan and Zoning By-law Amendments are provided in a form and with content satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; and b. the owner has submitted a revised Transportation Impact Study and Parking Study acceptable to, and to the satisfaction of, the General Manager, Transportation Service. The balance of Confidential Attachment 1 to the report (July 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 (July 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 confidential instructions to staff in Confidential Attachment 1 to the report (July 7, 2022) from the City Solicitor. 2. City Council authorize the public release the confidential instructions to staff in Confidential Attachment 1 to the report (July 7, 2022) from the City Solicitor if the confidential recommendations are adopted by City Council. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July7, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM47.16adopted
We have all become aware of the recent tragic death of Draven Graham, an 11-year-old child from Lindsay, Ontario on the autistic spectrum, after walking away from his family home. The Amber Alert has been very effective in announcing to the public children who have been abducted. A similar alert for vulnerable persons who leave their family or caregiver custody would be warranted in the Province of Ontario. Several online petitions are calling for the creation of the Draven Alert program.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council request the Province of Ontario to review the current Amber Alert program and criteria to include missing and at-risk vulnerable persons, or establish a new program, and City Council direct that this Motion be circulated to Premier Doug Ford, the Ministry of the Solicitor General, Toronto Members of Provincial Parliament, the Toronto Police Services Board, Toronto Fire, Toronto Emergency Medical Services, the Toronto Catholic District School Board and the Toronto District School Board.
Staff recommendation as filed
Councillor Nick Mantas, seconded by Councillor Shelley Carroll, recommends that: 1. City Council request the Province of Ontario to review the current Amber Alert program and criteria to include missing and at-risk vulnerable persons, or establish a new program, and City Council direct that this Motion be circulated to Premier Doug Ford, the Ministry of the Solicitor General, Toronto Members of Provincial Parliament, the Toronto Police Services Board, Toronto Fire, Toronto Emergency Medical Services, the Toronto Catholic District School Board and the Toronto District School Board.
CC47.17adopted
The applicant appealed its Zoning By-law amendment application and Official Plan amendment application to the Ontario Land Tribunal (the "Tribunal") on April 7, 2022. The Tribunal has scheduled the first case management conference in this matter on July 19, 2022. The Tribunal's rules expect parties to the appeal to be prepared with issues in respect of the appeal by the first case management conference. The Notice of Appeal filed by the applicant indicates the applicant is agreeable to mediation of the appeals. Further direction from City Council is required on this matter.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 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 (July 8, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 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 (July 8, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council direct the City Solicitor and appropriate City staff to attend before the Ontario Land Tribunal in opposition to the notice of appeal filed by Marine Lake Developments Ltd. on April 7, 2022 in respect of the Zoning By-law Amendment and Official Plan amendment application (Application: 21 219268 WET 03 OZ). 2. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. The balance of Confidential Attachment 1 to the report (July 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 (July 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 confidential instructions to staff in Confidential Attachment 1 to the Report (July 8, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the Report (July 8, 2022) from the City Solicitor in the event City Council adopts Recommendation 1. 3. City Council direct that all other information contained in Confidential Attachment 1 to the Report (July 8, 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.
MM47.17adopted
Subsections 45(1.3) and 45(1.4) of the Planning Act, as amended, prevent the submission of minor variance applications on properties subject to a privately-initiated Zoning By-law Amendment within two years of the enactment of the By-law, unless the municipal council has otherwise "declared by resolution that such an application is permitted". Site-specific Zoning By-law 182-2022 was enacted for the property municipally known as 72 Perth Avenue at City Council's meeting of March 9, 2022. By-law 182-2022 authorized certain amendments to City of Toronto Zoning By-law 569-2013 to permit the redevelopment of the site with a ten-storey residential building. As the proposal has been advancing through the site plan approval process, the owner has further refined the development concept; in particular, the owner is now proposing to include a geothermal system, which results in modest increases to the height and density of the development. Within that envelope, the owner has proposed revisions to the number and configuration of suites to allow for more efficient floor plates and unit layouts. To address these issues and advance the development, an application for minor variance to the Committee of Adjustment is required. The required zoning relief will include: total gross floor area; number of dwelling units; height; projections above the permitted maximum height; location of the building to the lot line abutting Perth Avenue; parking spaces; vertical projections above the maximum permitted height; and amenity space. The particular variances to be sought are outlined in the Zoning By-law Examiner's Notice attached to this Motion. Under the Planning Act, as amended, the owner will not be able to file for a minor variance application to the Committee of Adjustment, Toronto and East York District, for zoning relief until after March 9, 2024, thus delaying site redevelopment and the delivery of additional housing units to the area. As the variances are primarily driven by the desire of the owner to make the built form more efficient, including the incorporation of a geothermal system to increase the energy efficiency of the proposal. City Council's authorization for submission of a minor variance application at this time is warranted.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council, pursuant to Subsection 45(1.4) of the Planning Act, permit submission of a minor variance application with respect to the property municipally known as 72 Perth Avenue, only if a geothermal system is included as part of the redevelopment, for variances to site specific Zoning By-law 182-2022, in order to vary certain development standards related to the total gross floor area, number of dwelling units, height, projections above the permitted maximum height, location of the building to the lot line abutting Perth Avenue, parking spaces, vertical projections above the permitted maximum height, and amenity space, and as more specifically outlined in the Zoning By-law Examiner's Notice attached to this Motion.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Paula Fletcher, recommends that: 1. City Council, pursuant to Subsection 45(1.4) of the Planning Act, permit submission of a minor variance application with respect to the property municipally known as 72 Perth Avenue, only if a geothermal system is included as part of the redevelopment, for variances to site specific Zoning By-law 182-2022, in order to vary certain development standards related to the total gross floor area, number of dwelling units, height, projections above the permitted maximum height, location of the building to the lot line abutting Perth Avenue, parking spaces, vertical projections above the permitted maximum height, and amenity space, and as more specifically outlined in the Zoning By-law Examiner's Notice attached to this Motion.
CC47.18adopted
The purpose of this report is to request further instructions for the Ontario Land Tribunal ("OLT") hearing into this matter currently scheduled to commence on January 16, 2023 for ten days. The applicant appealed the proposed Zoning By-law Amendment Application for 3180-3202 Yonge Street to the OLT, due to Council's failure to make a decision on the application within the time prescribed by the Planning Act.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, Confidential Appendix A and Confidential Appendix B to the report (July 8, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor remain confidential, as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 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 set out in Confidential Appendix A and support a revised proposal that is substantially in accordance with Confidential Appendix B (the "Settlement Offer") to the report (July 8, 2022) from the City Solicitor and subject to the Parts 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 Settlement Offer for the lands municipally known as 3180, 3182, 3184, 3186, 3188, 3190, 3192, 3194, 3196, 3198, 3200 and 3202 Yonge Street. 3. 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, which shall include, but not be limited to provisions set out in Part 5 below; b. the Chief Planner and Executive Director, City Planning, under delegated authority, has approved the Rental Housing Demolition application 20 225871 NNY 08 RH under Chapter 667 of the Toronto Municipal Code, pursuant to Section 111 of the City of Toronto Act, 2006, to allow for the demolition of five (5) existing rental dwelling units located at 3180 Yonge Street, 3184 Yonge Street, 3188 Yonge Street, 3192 Yonge Street, and 3198 Yonge Street; c. the owner has, at its sole expense: i. if required by the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water, submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management Report, Hydrogeological Report, Groundwater Report, Municipal Servicing Report and Grading Plan, and any other reports necessary in support of the development to the City (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; ii. if required the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water, entered into one or more agreements with the City requiring the Owner, prior to the issuance of any above grade building permit, and at no cost to the City, to design, financially secure, and make operations, 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; iii. submitted a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy, to the satisfaction of the General Manager, Transportation Services and that any such required matters be secured in one or more agreements with the City; and iv. submitted a tenant relocation and assistance plan, and if required by the Chief Planner and Executive Director, City Planning, a rental replacement plan, to the satisfaction of the Chief Planner and Executive Director, City Planning; and the Owner has entered into, and registered on title to the lands, one or more agreements with the City to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing rental housing related-matters necessary to implement the Chief Planer's decision on Rental Housing Demolition application 20 225871 NNY 08 RH; d. 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 lands to the satisfaction of the City Solicitor, securing the community benefits in Part 4.d.i. below and securing the matters required to support the development outlined in Part 4.d.ii. below; and e. a Section 111 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 lands to the satisfaction of the City Solicitor, securing the tenant relocation and assistance in Part 3.c.iv. above. 4. 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 owner must not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to a CR exception of By-law 569-2013, as amended, unless the provisions of Schedule A of such By law are satisfied; d. Schedule A shall provide that: i. the Owner shall enter into and register on title to the lands, 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: 1. a cash contribution of $1,200,000.00 dollars to be allocated toward capital improvements in the vicinity of the Development Site, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor for Ward 8; 2. the cash contribution referred to in Part 4.d.i. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of final approval of the Zoning By-law; and 3. in the event the cash contribution referred to in Part 4.d.i. above has not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands; and ii. the following matters are to be secured in the Section 37 Agreement as a legal convenience to support development: 1. the owner shall enter into a financially secured agreement for the construction of any improvements to the existing municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development; 2. the owner shall provide a tenant relocation and assistance plan, to the satisfaction of the Chief Planner and Executive Director, City Planning; and the Owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing rental housing related-matters necessary to implement the decision of the Chief Planner and Executive Director, City Planning on Rental Housing Demolition application 20 225871 NNY 08 RH; 3. the owner shall submit a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy to the satisfaction of the General Manager, Transportation Services and that such matters arising from such study be secured, if required; 4. should the accepted Transportation Demand Management Plan include any cash contribution toward Transportation Demand Management measures, such cash contribution shall be paid by the owner to the City prior to the issuance of the first above-grade building permit for the development and allocated in accordance with the Transportation Demand Management Plan, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the final approval of the Zoning By-law; 5. prior to Site Plan Approval, the owner shall prepare all documents and convey a Pedestrian Clearway Easement to the City to secure a 6.0 metre corner rounding, at a minimum height of two storeys above finished grade, at the southwest corner of the intersection of Yonge Street and Woburn Avenue, together with rights of support, such lands to be free and clear of all other physical and title encumbrances (except those permitted at the discretion of the City Solicitor), and subject to a right-of-way for access and construction purposes in favour of the Grantor until such time as the said lands have been laid out and dedicated for public pedestrian clearway purposes, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor; the owner shall submit to the Chief Engineer and Executive Director, Engineering and Construction Services a draft Reference Plan of Survey in metric units and integrated into the Ontario Coordinate System, with coordinate values shown on the face of the plan and delineating thereon, by separate PARTS, the lands to be conveyed to the City for corner rounding purposes as, the remainder of the site, and any appurtenant right-of-way, for review and approval, prior to depositing it in the Land Registry Office; 6. prior to Site Plan Approval, the owner shall prepare all documents, and convey for nominal consideration, a 0.4-metre road widening along the frontage of the property on Yonge Street, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the City Solicitor; 7. the owner shall construct a 2.1 metre wide sidewalk in the City's right-of-way, at no cost to the City, along the Woburn Avenue frontage, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, which shall be secured through Site Plan Control; 8. the owner shall, through Site Plan Control, provide for signage and pavement markings in the private driveway to the west of the site, which provide for one way north-bound circulation of vehicular traffic generated by the development, to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Transportation Services; 9. the owner shall, through Site Plan Control, provide for a pick-up and drop-off area on the site, adjacent to the private driveway to the west of the site, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Transportation Services; 10. the owner shall, through Site Plan Control, submit a revised Noise Impact Study, including the peer review process paid for by the owner, that identify all mitigation measures to be undertaken for this development and incorporated into the recommendations for site design and the owner shall construct and maintain any required mitigation measures, to be secured through the site plan application review process, to the satisfaction of the Chief Planner and Executive Director, City Planning; 11. the owner shall, through Site Plan Control, provide for an on-site dog relief area with proper disposal facilities for existing and new residents or a dog relief station within the new building, substantially in accordance with the landscape buffer shown on Plan A005, dated June 2, 2022, and prepared by Richard Wengle Architects Inc.; 12. the owner shall, through Site Plan Control, provide for a 1.5 metre-wide landscape buffer on the west side of the private driveway, substantially in accordance with the landscape buffer shown on Plan A005, dated June 2, 2022, and prepared by Richard Wengle Architects Inc.; 13. the owner shall, through Site Plan Control, submit a detailed landscaping plan showing soil volumes and species for the proposed trees to be planted on the City-owned right-of-way on Woburn Avenue and Yonge Street, to the satisfaction of the Chief Planner in consultation with the Director, Urban Forestry; 14. the owner shall agree to the inclusion of warning clauses and signage of the Toronto Catholic District School Board and the Toronto District School Board in the conditions of site plan approval and subsequently within any agreements of purchase and sale or tenant lease agreements for the proposed units, to the satisfaction of the Chief Planner and Executive Director, City Planning; 15. the owner shall satisfy the requirements of the Toronto Transit Commission in regard to additional information related to the Toronto Transit Commission infrastructure and their Limited Scope Technical Review, to the satisfaction of the Manager, Technical Review, Toronto Transit Commission; 16. the owner shall construct and maintain the development of the 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 the development; and 17. the owner shall, prior to commencement of any excavation and shoring work, submit a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related matters: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queueing locations, street closures, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services. 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 provide for, among other matters: a. space within the development for installation and maintenance of access holes and sampling ports on the private side, for both storm and sanitary service connections, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; b. a minimum of 10 percent of all units as 3-bedroom units and a minimum of 15 percent as 2-bedroom units; c. a maximum height of the south portion of the building of 11 storeys and 41.6 metres including mechanical penthouse, measured from established grade; and a maximum height of the north portion of the building of 9 storeys and 29.7 metres measured from established grade; d. a minimum 5.5-metre setback from curb to building face on Yonge Street for the entire Yonge Street frontage of the building; and a minimum 5.3 metre setback from curb to building face on Woburn Avenue for the entire Woburn Avenue frontage of the building; e. a minimum 2.0 metre building stepback at and above the 9th floor of the building on the Yonge Street frontage; and f. inset balconies on the west side of the building on the 3rd to 5th floors of the building in accordance with the balconies on Plans A005, A104, A105 and A106 dated June 2, 2022, and prepared by Richard Wengle Architects Inc. 6. Provided that the matters listed in Parts 3.b., 3.c. and 3.e. above have not been completed to the satisfaction of the appropriate City Official by August 12, 2022, City Council instruct the City Solicitor to request that the final form of the Zoning By-law Amendment(s) to be issued by the Ontario Land Tribunal also include Holding ('H') conditions regarding the matters listed in Parts 6.a. and 6.b. below, with the hold symbol not to be lifted until the Rental Housing Demolition Application (File 20 225871 NNY 08 RH) has been approved by the Chief Planner and Executive Director, City Planning; and until City Council is satisfied as to the availability of all road improvements, infrastructure, and servicing, to accommodate the proposed development, as follows: a. the owner shall obtain approval from the Chief Planner and Executive Director, City Planning for the Rental Housing Demolition Application (File 20 225871 NNY 08 RH) in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the five (5) existing rental dwelling units located at 3180 Yonge Street, 3184 Yonge Street, 3188 Yonge Street, 3192 Yonge Street, and 3198 Yonge Street and satisfied any associated conditions; and b. the owner shall, at its sole cost and expense: i. submit 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; ii. enter into one or more agreements with the City requiring the Owner, prior to the issuance of any above grade building permit, and at no cost to the City, to design, financially secure, and make operations, 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 iii. submit a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy satisfactory to the General Manager, Transportation Services and shall secure any matters arising from such studies in one or more agreements with the City, if required. 7. 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. 8. 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 matters listed in Part 4.d. 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. 9. City Council direct the General Manager, Parks Forestry and Recreation to accept a payment in lieu of the on-site parkland dedication in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act. 10. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision on this matter. Confidential Appendix A and Confidential Appendix B to the report (July 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 (July 8, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the Report (July 8, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, Confidential Appendix "A" and Confidential Appendix "B" to the Report (July 8, 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 (July 8, 2022) from the City Solicitor is to remain confidential, as it contains advice and information, which is subject to solicitor-client privilege.
MM47.18amended
The issue of nuisance lighting and its negative impact on neighbouring properties has increased in tandem with the number of private properties being renovated or redeveloped. Modern technology has changed the nature and characteristics of lighting, particularly outdoors, causing a significant number of challenges for residents whose homes abut a property where said lighting has been incorporated into the final design. This Motion is to direct staff to review the nuisance lighting rules and by-laws, including those of other jurisdictions, and determine if the current by-laws and relevant enforcement practises require updating in keeping with the newer modern technology.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council request the Executive Director, Municipal Licensing and Standards to include in the report back to the Planning and Housing Committee as part of their Phase II report on the review of Chapter 629, a review of nuisance lighting rules, a scan of other jurisdictions, relevant enforcement technology and potential financial impacts, and that the review could give recommendations to reasonably control and not to outright prohibit soffit lighting.
Staff recommendation as filed
Councillor Gary Crawford, seconded by Councillor Jennifer McKelvie, recommends that: 1. City Council request the Executive Director, Municipal Licensing and Standards to include in the report back to the Planning and Housing Committee as part of their Phase II report on the review of Chapter 629, a review of nuisance lighting rules, a scan of other jurisdictions, relevant enforcement technology and potential financial impacts, and that the review could give recommendations for soffit lighting that may include: a. any and all soffit light currently installed on a structure's elevation which abuts a neighbouring property on which an existing dwelling exists, shall be made inoperable; b. prohibit the installation of any and all soffit lighting on infill builds and/or renovations from being installed on any structure's elevation which abuts a neighbouring property on which an existing dwelling is present; and c. limit the installation of all soffit lighting to a structure's elevation which front a road allowance only.
CC47.19adopted
The purpose of this report is to request further instructions for the potential Ontario Land Tribunal ("OLT") hearing into this matter currently scheduled to commence on November 22, 2022, for eight days. The applicant appealed the proposed Zoning By-law Amendment Application for 190 Soudan Avenue to the OLT on May 27, 2021, due to Council's failure to make a decision on the application within the time prescribed by the Planning Act.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, Confidential Appendix A and Confidential Appendix B to the report (July 8, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor remain confidential, as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 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 set out in Confidential Appendix A and support a revised proposal that is substantially in accordance with Confidential Appendix B (the "Settlement Offer") to the report (July 8, 2022) from the City Solicitor and subject to the Parts 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 Settlement Offer for the lands municipally known as 190 Soudan Avenue. 3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until: 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 expense: i. submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Stormwater Management 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; 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 iii. submitted a revised Transportation Impact Study to the satisfaction of, the General Manager, Transportation Services and that such matters arising from such study be secured, if required, and if necessary, the proposed Zoning By-law Amendment has been revised to address any mitigation measures arising from the accepted studies or reports; c. the Chief Planner and Executive Director, City Planning, under delegated authority, has approved the Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to demolish one (1) existing rental dwelling units at 192 Soudan Avenue and if necessary, a Section 111 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 lands to the satisfaction of the City Solicitor; and d. 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 lands to the satisfaction of the City Solicitor, securing community benefits in Part 4.d.i. below and securing the matters required to support the development outlined in Part 4.d.ii. below. 4. City Council instruct the City Solicitor to request that the final form of the Zoning By-law Amendments 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 owner must not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to the CR exception of By-law 569-2013, as amended, unless the provisions of Schedule A of such By-law are satisfied; d. Schedule A, which shall provide that: i. the Owner shall enter into and register on title to the lands, 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: 1. a cash contribution of $1,750,000.00 dollars to be allocated towards community benefits that have been identified as priorities in the Yonge-Eglinton Secondary Plan at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; 2. the cash contribution referred to in Part 4.d.i.1. above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment; and 3. in the event the cash contribution referred to in Part 4.d.i.1. above has not been used for the determined purpose within three years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands; and ii. the following matters are to be secured in the Section 37 Agreement as a legal convenience to support development: 1. the owner shall enter into a financially secured agreement for the construction of any improvements to the existing municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development; 2. the owner shall submit a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy to the satisfaction of the General Manager, Transportation Services and that such matters arising from such study be secured, if required; 3. should the accepted Transportation Demand Management Plan include any cash contribution toward Transportation Demand Management measures, such cash contribution shall be paid by the owner to the City prior to the issuance of the first above-grade building permit for the development and allocated in accordance with the Transportation Demand Management Plan, and such cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment; 4. the rental tenure of the existing rental units at 18 Brownlow Avenue without application to convert or demolish for at least 20 years and needed improvements to the existing rental housing, including: A. the existing rental dwelling units in the 18 Brownlow Building will be secured as rental units in accordance with Policy 3.2.1.5 of the Official Plan for a minimum of 20 years without application to convert or demolish, as of the date of the Section 37 Agreement; B. the owner will increase the amount of indoor amenity space in the 18 Brownlow Building by adding 75 square metres of indoor amenity space on the lower level without seeking an above-guideline rent increase for this work; C. the owner will provide seating around the relocated barbeque area and around the existing swimming pool, and allow access for the tenants of the 18 Brownlow Building to the at-grade outdoor amenity area associated with the Property; D. the owner will undertake a tenant survey to seek input on the programming for this additional indoor amenity space, as well as input on potential improvements or renovations to the 18 Brownlow Building; and E. the owner will provide along with a Construction Mitigation and Tenant Communication Plan and any other rental housing matters in conformity with Policy 3.2.1.5 of the Official Plan, all to the satisfaction of the Chief Planner and Executive Director, City Planning; 5. one privately owned publicly-accessible open space, not less than 214 square metres is size, substantially in accordance with the location and configuration shown on Site Plan A201 in Confidential Appendix B to the report (July 8, 2022) from the City Solicitor, to the satisfaction of the Chief Planner and Executive Director, City Planning; prior to the issuance of Site Plan Approval, the owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands for public access, together with any necessary rights of support, to the satisfaction of the City Solicitor, which shall constitute the privately owned publicly-accessible open space; the owner shall own, operate, maintain and repair the privately owned publicly-accessible open space 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 space 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 space shall be 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; 6. through Site Plan Control, Landscape Plans along with a composite utility plan overlay on the Landscape Plans, a Soil Volume Plan, an Arborist Report and a Tree Protection Plan to the satisfaction of the General Manager, Parks, Forestry and Recreation and the Chief Planner and Executive Director, City Planning, the Landscape Plans shall illustrate soil volumes and species for the proposed trees to be planted on the City-owned right-of-way on Brownlow Avenue, and for the proposed trees to be planted on the subject property along Brownlow Avenue, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Director, Urban Forestry; the owner shall thereafter implement the recommendations of such reports, and shall relocate at its sole cost and expense any utility conduits that interfere with existing or proposed trees, all of which shall be secured as part of Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation; 7. through Site Plan Control, 5.0 metre-wide landscaped buffers on both of the Brownlow and Soudan frontages of the subject property, substantially in accordance with the landscape buffer shown on Site Plan A201 in Confidential Appendix B to the report (July 8, 2022) from the City Solicitor; 8. through Site Plan Control, an on-site dog relief area with proper disposal facilities for existing and new residents, substantially in the size, location and configuration as the pet relief area shown on Site Plan A201 in Confidential Appendix B to the report (July 8, 2022) from the City Solicitor; 9. prior to Site Plan Approval, a Streetscape Improvement Plan, substantially in accordance with shown on Site Plan A201 in Confidential Appendix B to the report (July 8, 2022) from the City Solicitor, to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Transportation Services, which shall provide for: a. a curb extension at the northwest corner of Soudan Avenue and Brownlow Avenue within the public boulevard; b. along Soudan Avenue, a new 2.1 metre-wide linear path of concrete public sidewalk, within the public boulevard; and c. along Redpath Avenue, a new 2.1 metre-wide linear path of concrete public sidewalk, within the public boulevard; (the "Streetscape Improvements"); and an acceptable functional plan illustrating the Streetscape Improvements and the associated modifications in the pavement markings and road signs, to the satisfaction of the General Manager, Transportation Services; the owner shall enter into a financially secured agreement in respect of the Streetscape Improvements; the timing for completion of the Streetscape Improvements shall be determined at the time of and through the Site Plan Approval process; 10. through Site Plan Control, a revised Noise Impact Study, including the peer review process paid for by the owner, that identifies all mitigation measures to be undertaken for this development and that incorporates into the recommendations for site design, any required mitigation measures; the owner shall construct and maintain any required mitigation measures, to be secured through Site Plan Control, to the satisfaction of the Chief Planner and Executive Director, City Planning; 11. through Site Plan Control, a Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, city Planning; and agreement to implement any wind mitigation measures required thereby to the satisfaction of the Chief Planner and Executive Director, City Planning; 12. the construction and maintenance of the development in accordance with Tier 1, Toronto Green Standard; 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 the development; 13. consent to the inclusion of warning clauses and signage of the Toronto Catholic District School Board and the Toronto District School Board in the conditions of Site Plan Approval and subsequently within any agreements of purchase and sale or tenant lease agreements for the proposed units, to the satisfaction of the Chief Planner and Executive Director, City Planning; and 14. prior to commencement of any excavation and shoring work, a Construction Management Plan to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services and thereafter shall implement the plan during the course of construction; the Construction Management Plan will include, but not be limited to the following construction-related matters: noise, dust, size and location of staging areas, location and function of gates, dates of significant concrete pouring, lighting details, vehicular parking and queueing locations, street closures, parking and laneway uses and access, refuse storage, site security, site supervisor contact information, and a communication strategy with the surrounding community, including matters related to the construction of streets or infrastructure, and any other matters requested by the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Engineer and Executive Director, Engineering and Construction Services; and e. the provision of dwelling units is subject to the following: i. a minimum of 15 percent of the total number of dwelling units must have two or more bedrooms; ii. a minimum of 10 percent of the total number of dwelling units must have three or more bedrooms; iii. any dwelling units with three or more bedrooms provided to satisfy Part 14.e.ii. above are not included in the provision required by Part 14.e.i. above; iv. an additional 15 percent of the total number of dwelling units will be any combination of two bedroom and three bedroom dwelling units, or dwelling units that can be converted into any combination of two and three bedroom dwelling units; and v. convertible dwelling units, as described in iv above, may be converted using accessible or adaptable design measures such as knock-out panels. 5. City Council instruct the City Solicitor to request that the final form of the Zoning By-law Amendment to Zoning By-law 438-86 to be issued by the Ontario Land Tribunal contain the following provisions: a. within the lands shown on Map 1 attached to this By-law, no person shall use any land or erect or use any building or structure unless the following municipal services are provided to the lot line and the following provisions are complied with: i. all new public roads have been constructed to a minimum of base curb and base asphalt and are connected to an existing public highway; and ii. all water mains and sanitary sewers, and appropriate appurtenances, have been installed and are operational. 6. Provided that the matters listed in Parts 3.b. and 3.d. above have not been completed to the satisfaction of the appropriate City Official by August 12, 2022, City Council instruct the City Solicitor to request that the final form of the Zoning By-law Amendment(s) to be issued by the Ontario Land Tribunal contain a Holding ('H") provision regarding the following matters: a. the owner shall obtain approval from the Chief Planner and Executive Director, City Planning, pursuant to delegated authority, for the Rental Housing Demolition Application (File 20 230473 STE 12 RH) in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the one (1) existing rental dwelling unit at 190-200 Soudan Avenue, and the owner shall satisfy any associated conditions, which may include entering into and registering on title to the lands a Section 111 Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and b. the owner shall, at its sole cost and expense: i. submit 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. secure the design and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; and iii. submit a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy satisfactory to the General Manger, Transportation Services. 7. 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. 8. 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 community benefits and matters of legal convenience listed in Part 4.d. 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. 9. City Council direct the General Manager, Parks Forestry and Recreation to accept a payment in lieu of the on-site parkland dedication in satisfaction of the applicant's required parkland contribution pursuant to Section 42 of the Planning Act. 10. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision on this matter. Confidential Appendix A and Confidential Appendix B to the report (July 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 (July 8, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the Report (July 8, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, Confidential Appendix "A" and Confidential Appendix "B" to the Report (July 8, 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 (July 8, 2022) from the City Solicitor is to remain confidential, as it contains advice and information, which is subject to solicitor-client privilege.
MM47.19adopted
This Motion requests authority from City Council to renew contribution agreements with cultural grant recipients for a period of one year from July 1, 2022, to July 1, 2023. This includes agreements with recipients of funding through the former Major Cultural Organizations program, including the Art Gallery of Ontario, Canada's National Ballet School, Harbourfront Centre, Toronto Artscape, and Toronto International Film Festival Inc.; and recipients of the former Specialized Collections Museums program, including the Aga Khan Museum, Gardiner Museum, and Museum of Contemporary Art Toronto. These contribution agreements provide the terms and conditions for the City contribution and use of City funds. They are intended to ensure public benefit, accountability and transparency for City grants. Grant amounts are not included in the contribution agreements and are determined annually by the General Manager, Economic Development and Culture based on funds approved in the budget process and following the submission and review of a formal funding application, in accordance with the City of Toronto Grants Policy. In October 2019, City Council directed staff to discontinue the Major Cultural Organizations and Specialized Collections Museums grant programs, and replace them with a new competitive grant program to encourage greater equity outcomes (Item 2019.EC8.8). This work was put on hold following the outbreak of COVID-19, recognizing the need to provide stability to City-funded cultural organizations. Grant recipients have continued to apply to the City annually using modified guidelines from the Major Cultural Organizations and Specialized Collections Museums programs. Staff now intended to launch the new grant program - tentatively titled the "Cultural Access and Development Fund" - in 2023. The extension of the contribution agreements will cover the period until new program guidelines are presented to City Council for consideration.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council authorize the General Manager, Economic Development and Culture to renew contribution agreements with each of the following recipients: a. Art Gallery of Ontario; b. Canada's National Ballet School; c. Harbourfront Centre; d. Toronto Artscape; e. Toronto International Film Festival Inc.; f. Aga Khan Museum; g. Gardiner Museum; and h. Museum of Contemporary Art Toronto; for a term of one year from July 1, 2022, to July 1, 2023, on terms and conditions satisfactory to the General Manager, Economic Development and Culture and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
Councillor Michael Thompson, seconded by Councillor Gary Crawford, recommends that: 1. City Council authorize the General Manager, Economic Development and Culture to renew contribution agreements with each of the following recipients: a. Art Gallery of Ontario; b. Canada's National Ballet School; c. Harbourfront Centre; d. Toronto Artscape; e. Toronto International Film Festival Inc.; f. Aga Khan Museum; g. Gardiner Museum; and h. Museum of Contemporary Art Toronto; for a term of one year from July 1, 2022, to July 1, 2023, on terms and conditions satisfactory to the General Manager, Economic Development and Culture and in a form satisfactory to the City Solicitor.
CC47.20adopted
The applicant (Aird & Berlis LLP) on behalf of the owner (KS 522 and 526 Yonge Street Inc.) filed a valid notice of appeal in respect of its request to amend the City's Official Plan and its Zoning By-law Amendment application to the Ontario Land Tribunal (the "Tribunal") on May 10, 2021 citing City Council's failure to make a decision on the application within the statutory timeline. A hearing of this matter before the Tribunal is scheduled to begin on November 1, 2022 for a duration of 12 days.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (July 8, 2022) from the City Solicitor. 3. City Council direct the balance of Confidential Attachment 1 to the report (July 8, 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 (July 8, 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 set out in Confidential Appendix A to the report (July 8, 2022) from the City Solicitor and support a revised proposal that is substantially in accordance with Confidential Appendix B (collectively the "Settlement Offer") to the report (July 8, 2022) from the City Solicitor and subject to the Parts 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 Settlement Offer for the lands municipally known as 510-528 Yonge Street and 7 Breadalbane Street. 3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Official Plan Amendment and 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 Official Plan Amendment is 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) are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, which shall include, but not be limited to, the provisions in Part 4 below. 4. City Council instruct the City Solicitor to request that the final form of the Zoning By-law Amendment(s) 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 owner must not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to this By-law, unless the provisions of Schedule A of such By-law are satisfied; and d. Schedule A attached to the Zoning By-law Amendment(s) shall provide as follows: Prior to the issuance of the first building permit in respect of the lands shown on Diagram 1 attached to this By-law, the owner shall enter into an agreement under Section 37(3) of the Planning Act and register same in priority, to the satisfaction of the City Solicitor, whereby the owner agrees to secure the facilities, services and matters set out below which are required to be provided to the City at the owner's expense as follows: i. the owner will design, construct, finish, and maintain 25 affordable rental housing dwelling units on the site (the "Affordable Housing Units"), in accordance with the following terms: a. at least 4 of the new affordable rental dwelling units will be three-bedroom rental units with an average unit size that is no smaller than the average size of 90 square metres; b. at least 7 of the new affordable rental dwelling units will be two-bedroom rental units with an average unit size that is no smaller than the average size of 70 square metres; c. at least 14 of the new affordable rental dwelling units have at least one bedroom per unit and will be no smaller than 50 square metres; d. the 25 new affordable rental dwelling units will be provided in vertically and/or horizontally contiguous groups of 6 or more dwelling units within the development; e. the location and layouts of the new affordable rental dwelling units within the development will be developed prior to site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning; f. all 25 new affordable rental dwelling units will be provided as secured rental housing at affordable rents, as currently defined in the Toronto Official Plan, for a minimum period of ninety-nine years beginning from the date that each such unit is first occupied; during such ninety-nine year period, the rent (inclusive of utilities) charged to any tenant of a new affordable rental dwelling unit shall not exceed one (1) times the average rent for the same bedroom type in the City of Toronto, as reported by the Canada Mortgage and Housing Corporation in its most recent Rental Market Survey, and no application shall be made to demolish any affordable rental dwelling unit or to convert any affordable rental dwelling unit to a non-residential rental purpose; g. notwithstanding Part 4.d.i.f. above, after the first year of occupancy of an affordable rental dwelling unit, the rent (inclusive of utilities) charged to any first tenant or new tenant of a new affordable rental dwelling unit will be escalated annually by not more than the annual provincial rent guideline, irrespective of whether such guideline is applicable under the Residential Tenancies Act, 2006 or any successor legislation governing residential tenancies in Ontario, until the tenancy ends; h. at least 6 months in advance of any new affordable rental dwelling unit being made available for rent, the owner will develop and implement a Tenant Access Plan in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat to ensure the affordable rental units are rented to eligible households; i. the 25 new affordable rental dwelling units shall be made ready and available for occupancy no later than the date by which seventy percent (70 percent) of the new dwelling units in the development are available and ready for occupancy; j. the owner will provide all tenants of the affordable rental dwelling units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; and k. the owner will provide all tenants of the affordable rental dwellings units with laundry facilities on the same basis as other residents of the development at no extra charge; ii. pursuant to the site plan control application process but in any event prior to the first permit issuance under Section 8 of the Building Code Act, 1992 for the Site, the owner will submit documentation and financial contributions in the form of certified cheques for the implementation of a Transportation Demand Management plan; these provisions include: a. a $50,000 cash payment for a bike-share station in the area of the development; and b. the submission of comprehensive Construction Management Plans for each stage of the construction process, to the satisfaction of the General Manager, Transportation Services; these plans must illustrate the location of employee/trades parking, heavy truck access points, material storage, construction site fencing and overhead cranes; we advise the applicant that they cannot use the municipal right-of-way for construction-related purposes without first receiving written authorization from our Permits and Enforcement Section, including payment of the necessary fees; iii. pursuant to the site plan control application process for the Site, the owner will: a. in accordance with the City's Curb Extension and Lane Width Guidelines, provide a curb bump-out along the Breadalbane Street frontage of the site, extending from Yonge Street to St. Luke Lane, to the satisfaction of the General Manager, Transportation Services; b. revise the boulevard cross-section of Breadalbane Street to include the above-noted curb bump-out and typical dimensions/spacing for the required buffer/planting zone and 2.1 metre wide pedestrian clearway, free and clear of obstructions to the satisfaction of the General Manager, Transportation Services; c. submit a functional plan for the curb extension along Breadalbane Street, including pavement marking and signage modifications required to complete the work, to the satisfaction of the General Manager, Transportation Services; and d. provide a minimum of two (2) bike repair stations provided on-site, to the satisfaction of the General Manager, Transportation Services; iv. prior to site plan approval for the Site, the owner will at its sole expense convey to the City, for nominal consideration, a stratified 0.26 metre wide strip of land along the western limit of 510 Yonge Street abutting St. Luke Lane, to a minimum depth of 1.2 metres below the finished grade and a minimum height of 7.1 metres above the finished grade, such lands to be free and clear of all encumbrances and obstructions and in compliance with all City policies for the conveyance of land, with easements of support and subject to a right-of-way for access purposes, including construction access, until such time as the widening lands are laid out and dedicated by the City for lane widening purposes, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor; v. the owner will provide 1 car-share membership per residential unit offered in the first year of occupancy; vi. the owner will provide 1 bike-share membership per residential unit offered in the first year of occupancy; vii. the owner will provided 1 pre-loaded Presto pass ($50.00 value each) per residential unit offered in the first year of occupancy; viii. the owner shall construct and maintain the development of the 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 the development; ix. prior to the issuance of the first permit pursuant to Section 8 of the Building Code Act, 1992, the owner shall obtain approval from the Chief Planner and Executive Director, City Planning for the Rental Housing Demolition Application (File 20 207360 STE 13 RH) in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the existing rental dwelling units, and satisfy any associated conditions, including entering into an agreement pursuant to Section 111 of the City of Toronto Act, 2006 with the City and register said agreement on title, to the satisfaction of the City Solicitor; x. prior to the issuance of the first permit pursuant to Section 8 of the Building Code Act, 1992, the owner shall obtain approvals pursuant to Section 33 of the Ontario Heritage Act for the alteration of the properties municipally known as 516 Yonge Street and 526 Yonge Street, and satisfy any associated conditions, including the provision of Conservation Plans satisfactory to the Senior Manager, Heritage Planning and entering into agreement(s) pursuant to Section 37 of the Ontario Heritage Act with the City, to the satisfaction of the Senior Manager, Heritage Planning and the registration of said agreement(s) on title, to the satisfaction of the City Solicitor; and xi. prior to the issuance of the first permit pursuant to Section 8 of the Building Code Act, 1992, the owner shall enter into a limiting distance agreement with the City and the owner of the lands municipally known as 502-504, 506 and 508 Yonge Street in respect of the site and the lands municipally known as 502-504, 506 and 508 Yonge Street and register said agreement on title, to the satisfaction of the City Solicitor. 5. If the Ontario Land Tribunal cannot issue its final Order on the Zoning By-law Amendment on or before August 11, 2022, City Council instruct the City Solicitor to request the Ontario Land Tribunal to render its Order on the Official Plan Amendment and the Zoning By-law Amendment effective as of no later than August 12, 2022. 6. 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 community benefits recommended to be secured in the Section 37 Agreement are as follows: i. the owner will design, construct, finish, and maintain 25 affordable rental housing dwelling units on the site (the "Affordable Housing Units"), in accordance with the following terms: 1. at least 4 of the new affordable rental dwelling units will be three-bedroom rental units with an average unit size that is no smaller than the average size of 90 square metres; 2. at least 7 of the new affordable rental dwelling units will be two-bedroom rental units with an average unit size that is no smaller than the average size of 70 square metres; 3. at least 14 of the new affordable rental dwelling units have at least one bedroom per unit and will be no smaller than 50 square metres; 4. the 25 new affordable rental dwelling units will be provided in vertically and/or horizontally contiguous groups of 6 or more dwelling units within the development; 5. the location and layouts of the new affordable rental dwelling units within the development will be developed prior to site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning; 6. all 25 new affordable rental dwelling units will be provided as secured rental housing at affordable rents, as currently defined in the Toronto Official Plan, for a minimum period of ninety-nine years beginning from the date that each such unit is first occupied; during such ninety-nine year period, the rent (inclusive of utilities) charged to any tenant of a new affordable rental dwelling unit shall not exceed one (1) times the average rent for the same bedroom type in the City of Toronto, as reported by the Canada Mortgage and Housing Corporation in its most recent Rental Market Survey, and no application shall be made to demolish any affordable rental dwelling unit or to convert any affordable rental dwelling unit to a non-residential rental purpose; 7. notwithstanding Part 6.a.i.6. above, after the first year of occupancy of an affordable rental dwelling unit, the rent (inclusive of utilities) charged to any first tenant or new tenant of a new affordable rental dwelling unit will be escalated annually by not more than the annual provincial rent guideline, irrespective of whether such guideline is applicable under the Residential Tenancies Act, 2006 or any successor legislation governing residential tenancies in Ontario, until the tenancy ends; 8. at least 6 months in advance of any new affordable rental dwelling unit being made available for rent, the owner will develop and implement a Tenant Access Plan in consultation with, and to the satisfaction of, the Executive Director, Housing Secretariat to ensure the affordable rental units are rented to eligible households; 9. the 25 new affordable rental dwelling units shall be made ready and available for occupancy no later than the date by which seventy percent (70 percent) of the new dwelling units in the development are available and ready for occupancy; 10. the owner will provide all tenants of the affordable rental dwelling units with access to, and use of, all indoor and outdoor amenities in the development at no extra charge and on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings; and 11. the owner will provide all tenants of the affordable rental dwellings units with laundry facilities on the same basis as other residents of the development at no extra charge; and b. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development: i. pursuant to the site plan control application process but in any event prior to the first permit issuance under Section 8 of the Building Code Act, 1992 for the Site, the owner will submit documentation and financial contributions in the form of certified cheques for the implementation of a Transportation Demand Management (TDM) plan; these provisions include: 1. a $50,000 cash payment for a bike-share station in the area of the development; and 2. the submission of comprehensive Construction Management Plans for each stage of the construction process, to the satisfaction of the General Manager, Transportation Services; these plans must illustrate the location of employee/trades parking, heavy truck access points, material storage, construction site fencing and overhead cranes; we advise the applicant that they cannot use the municipal right-of-way for construction-related purposes without first receiving written authorization from our Permits and Enforcement Section, including payment of the necessary fees; ii. pursuant to the site plan control application process for the Site, the owner will: 1. in accordance with the City's Curb Extension and Lane Width Guidelines, provide a curb bump-out along the Breadalbane Street frontage of the site, extending from Yonge Street to St. Luke Lane, to the satisfaction of the General Manager, Transportation Services; 2. revise the boulevard cross-section of Breadalbane Street to include the above-noted curb bump-out and typical dimensions/spacing for the required buffer/planting zone and 2.1 metre wide pedestrian clearway, free and clear of obstructions to the satisfaction of the General Manager, Transportation Services; 3. submit a functional plan for the curb extension along Breadalbane Street, including pavement marking and signage modifications required to complete the work, to the satisfaction of the General Manager, Transportation Services; and 4. provide minimum of two (2) bike repair stations provided on-site, to the satisfaction of the General Manager, Transportation Services; iii. prior to site plan approval for the Site, the owner will at its sole expense convey to the City, for nominal consideration, a stratified 0.26 metre wide strip of land along the western limit of 510 Yonge Street abutting St. Luke Lane, to a minimum depth of 1.2 metres below the finished grade and a minimum height of 7.1 metres above the finished grade, such lands to be free and clear of all encumbrances and obstructions and in compliance with all City policies for the conveyance of land, with easements of support and subject to a right-of-way for access purposes, including construction access, until such time as the widening lands are laid out and dedicated by the City for lane widening purposes, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor; iv. the owner will provide 1 car-share membership per residential unit offered in the first year of occupancy; v. the owner will provide 1 bike-share membership per residential unit offered in the first year of occupancy; vi. the owner will provided 1 pre-loaded Presto pass ($50.00 value each) per residential unit offered in the first year of occupancy; vii. the owner shall construct and maintain the development of the 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 the development; viii. prior to the issuance of the first permit pursuant to Section 8 of the Building Code Act, 1992, the owner shall obtain approval from the Chief Planner and Executive Director, City Planning for the Rental Housing Demolition Application (File 20 207360 STE 13 RH) in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the existing rental dwelling units, and satisfy any associated conditions, including entering into an agreement pursuant to Section 111 of the City of Toronto Act, 2006 with the City and register said agreement on title, to the satisfaction of the City Solicitor; ix. prior to the issuance of the first permit pursuant to Section 8 of the Building Code Act, 1992, the owner shall obtain approvals pursuant to Section 33 of the Ontario Heritage Act for the alteration of the properties municipally known as 516 Yonge Street and 526 Yonge Street, and satisfy any associated conditions, including the provision of Conservation Plans satisfactory to the Senior Manager, Heritage Planning and entering into agreement(s) pursuant to Section 37 of the Ontario Heritage Act with the City, to the satisfaction of the Senior Manager, Heritage Planning and the registration of said agreement(s) on title, to the satisfaction of the City Solicitor; and x. prior to the issuance of the first permit pursuant to Section 8 of the Building Code Act, 1992, the owner shall enter into a limiting distance agreement with the City and the owner of the lands municipally known as 502-504, 506 and 508 Yonge Street in respect of the site and the lands municipally known as 502-504, 506 and 508 Yonge Street and register said agreement on title, to the satisfaction of the City Solicitor. 9. City Council require the owner to file an application(s) under Section 33 of the Ontario Heritage Act permitting the alteration of the properties municipally known as 516 and 526 Yonge Street, each designated under Part IV of the Ontario Heritage Act pursuant to the passing of City of Toronto By-laws 84-2022 and 85-2022 by no later than January 31, 2023. 10. Subject to the owner's satisfaction of the requirement set out in the Part 9 above, City Council direct the Senior Manager, Heritage Planning to file their report in respect of the application(s) to the Toronto Preservation Board during the second quarter of 2023. 11. City Council direct the Chief Planner and Executive Director, City Planning to file their final report in respect of the owner's Rental Housing Demolition Application (20 207360 STE 13 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the existing rental dwelling units at 510-528 Yonge Street and 7 Breadalbane Street during the second quarter of 2023. 12. City Council require the owner to cause the withdrawal of the appeal of Official Plan Amendment 352 and the associated implementing zoning by-laws in respect of the Site on or before the Ontario Land Tribunal settlement hearing scheduled for July 27, 2022. 13. City Council require the owner to cause the withdrawal of the appeal of the North Downtown Yonge Site and Area Specific Policy 382 (Official Plan 183) in respect of the Site on or before the Ontario Land Tribunal settlement hearing scheduled for July 27, 2022. 14. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendices A and B to the report (July 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 (July 8, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor. 2. City Council authorize the public release of the recommendations in Confidential Attachment 1 and the information in Confidential Appendices A and B in the event City Council adopts the recommendations in Confidential Attachment 1. 3. City Council direct the balance of Confidential Attachment 1 remain confidential as these documents contain advice which is subject to solicitor-client privilege.
MM47.20amended
The Rogers outage on July 8, 2022 demonstrated the integral role that telecommunications access plays in the safety and functioning of our society. Friends and family were unable to contact each other at critical moments, email disruptions brought many companies to a standstill, small businesses were forced to close because of the outage, and many Torontonians were unable to purchase basic necessities. The outage also impacted City services in Toronto. Because of the cellular disruption, Rogers customers were unable to call 911 and wading pools were closed as the City has a policy that requires wading pool lifeguards to have a working phone. While the full cost to individuals and the economy as a whole will take some time to account, it is safe to say that the outage caused considerable personal inconvenience, or worse, and significant cost to businesses. It is clear that redundancies and alternatives are necessary to avoid a similar occurrence in the future. That's why this Motion requests the City Manager to report to Executive Committee in 2023 on the full cost of the outage to Toronto's economy, City services and functions that were disrupted, and utilizing ConnectTO infrastructure to provide a public alternative to private telecommunications.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council request the City Manager to report to the Executive Committee in the second quarter of 2023 on the Rogers outage of June 8, 2022, such report to include the following: a. the full cost to the Toronto economy; b. City services and functions that were disrupted; and c. utilizing ConnectTO infrastructure to provide a public alternative to private telecommunications, and all potential associated costs and staffing levels for the City of Toronto.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Colle, recommends that: 1. City Council request the City Manager to report to the Executive Committee in the second quarter of 2023 on the Rogers outage of June 8, 2022, such report to include the following: a. the full cost to the Toronto economy; b. City services and functions that were disrupted; and c. utilizing ConnectTO infrastructure to provide a public alternative to private telecommunications.
CC47.21adopted
25 Mabelle Avenue - Zoning By-law Amendment - Request for Direction
On March 9, 2020, the owner of the property at 25 Mabelle Avenue appealed its Zoning By-law Amendment application to the Local Planning Appeal Tribunal (LPAT), citing City Council's failure to make a decision on the application within the prescribed timelines of the Planning Act. A 10-day hearing at the LPAT (later continued as the Ontario Land Tribunal (OLT)) was held April 19-30, 2021. The site is currently occupied by a 30-storey residential rental apartment building located on the eastern portion of the subject site. The existing building has a total of 416 rental units. The western portion of the subject site is an open space area above the underground parking structure servicing the existing building. In a decision dated November 22, 2021 in OLT Case No. PL200164, the OLT granted the owner's appeal of its application to amend the former City of Etobicoke Zoning Code and Site Specific Zoning By-law No. 1088-2002 for the property at 25 Mabelle Avenue to develop, on the western portion of site, a 49-storey tower having an overall building height of 153 m (excluding mechanical equipment). The proposal, as opposed by City staff and adjudicated and heard at the OLT, would contain 486 residential units, with approximately 154 square metres of non-residential gross floor area located at-grade fronting Mabelle Avenue. The OLT withheld its Final Order pending resolution of the final form of the By-law amendments in a form reflecting the Tribunal's decision and acceptable to the City and the owner. The City Solicitor requires further instructions in respect to settling the form of by-law amendment.
City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 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 (July 8, 2022) from the City Solicitor, at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendices A and B to the report (July 8, 2022) from the City Solicitor remain confidential, as they contain advice or information that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendices A and B to the report (July 8, 2022) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice or information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 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 the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, if adopted by City Council, at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1, and Confidential Appendices A and B, are to remain confidential, as they contain advice or information which is subject to solicitor-client privilege.