Toronto City Council
The full agenda, as filed
All 56 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.
BL5.1adopted
Introduction and Enactment of General Bills and Confirming Bills
City Council will introduce and enact General Bills and Confirming Bills.
City Council on March 27 and 28, 2019 enacted By-laws 456-2019 to 550-2019.
CC5.1amended
Pursuant to section 170(2) of the City of Toronto Act, 2006 (COTA), Ombudsman Toronto has concluded an Enquiry into Toronto Hydro's Project Carlaw: Pole Replacement in the former Ward 30. We hereby table with City Council for its March 2019 session the Enquiry Report, dated February 13, 2019.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council receive the report (March 1, 2019) from the Ombudsman for information. That: 2. City Council request Toronto Hydro to send their new constituent communications plan to the City Manager for review to determine if it meets the current City of Toronto standard for neighbourhood communications. 3. City Council request the City Manager to review the Enquiry report (February 13, 2019) from the Ombudsman to determine what options are available to enforce compliance with the City of Toronto's guideline that old hydro pole removal occur within 12 months of a new pole being installed, as noted in Section 91 of the report (February 13, 2019) from the Ombudsman. 4. City Council request the General Manager, Transportation Services to review the Enquiry report (February 13, 2019) from the Ombudsman and the Municipal Consent Requirements - advanced notice required - use of the public right-of-way - utilities - construction to determine how overall compliance with these policies can be strengthened. 5. City Council request the City Manager to report to the Executive Committee in the third quarter of 2019 on Parts 2 to 4, above.
Staff recommendation as filed
The Ombudsman recommends that City Council receive the report for information.
MM5.1adopted
An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 4066 Old Dundas Street to operate under the name of Heritage York. This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario that this application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence. This establishment is located in close proximity to residential units. There are concerns that an establishment with a liquor licence can cause noise and disturbance to residents in the area. If conditions are put in place, these concerns may be mitigated. Under no circumstance should the establishment be granted a liquor sales licence without conditions attached. This matter is deemed urgent as the deadline to object to the application is March 21, 2019.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Heritage York, 4066 Old Dundas Street West is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence and that the Registrar should issue a Proposal to Review the liquor licence application. 2. City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Kristyn Wong-Tam, recommends that: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Heritage York, 4066 Old Dundas Street West is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence and that the Registrar should issue a Proposal to Review the liquor licence application. 2. City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises.
RM5.1adopted
- O Canada - Moment of Silence - Declarations of Interest under the Municipal Conflict of Interest Act
CALL TO ORDER: 9:37 a.m. Speaker Nunziata took the Chair and called the Members to order. The meeting opened with O Canada. Wednesday, March 27, 2019 Members of Council observed a moment of silence and remembered: Danielle Moore Nicholas (Nick) Sion Speaker Nunziata acknowledged that City Council was meeting on the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples. Speaker Nunziata also acknowledged that Toronto is covered by Treaty 13 signed with the Mississaugas of the Credit. Thursday, March 28, 2019 Members of Council observed a moment of silence and remembered the victims of the mosque attacks in Christchurch, New Zealand.
CC5.2adopted
At City Council's request, this report provides an update on the implementation by Toronto Community Housing Corporation (TCHC) of recommendations in Ombudsman Toronto's January, 2018 report of an Investigation into TCHC's Medical and Safety at Risk Priority Transfer Process for Tenants.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council receive the report (March 21, 2019) from the Ombudsman for information.
Staff recommendation as filed
The Ombudsman recommends that City Council receive the report for information.
MM5.2adopted
On any given night, over 8,000 people rely on our shelters, emergency respites, overnight drop-ins, and Out of the Cold programs to find a safe place to spend the night; and, in a City that continues to become rapidly unaffordable, the cost of housing is skyrocketing. Emergency response is not, and will never, solve homelessness. The stark reality facing those without adequate homes is a multi-year wait for supportive housing and 181,000 people on the waitlist for permanent affordable housing. We must respond by ensuring that everyone has a safe place to sleep, each and every night. But, we must also create a path out of our shelter system, and into stable and supportive housing for the thousands who need it. There is no one solution to truly addressing homelessness. We need a continuum of programs and initiatives to create stable and supportive housing for every person in our City who needs it. Emergency responses, like our shelter and respite system, are critical to ensure that everyone who needs a safe place to sleep can find it. We need to aggressively expand supportive housing in Toronto. City Council has set a target of building 18,000 new units of supportive housing over the next 10 years, 1,800 per year, to help people transition out of the shelter system, and into more stable and permanent housing; and, we must address housing affordability for those experiencing homelessness. One critical tool to addressing chronic homelessness is our City's Housing Allowance program. A housing allowance is a fixed-amount portable housing benefit that is provided directly to eligible households as a monthly benefit, ranging from $250-$600/month, to address homelessness, eviction prevention, and targeted households on the centralized waiting list. Shelter, Support and Housing Administration's 2014-2019 Housing Stability Plan points out that housing allowances are an important tool for the City to provide housing stability to homeless, vulnerable, and precariously housed populations in Toronto. The homelessness stream directly targets households experiencing chronic homelessness (that have been homeless for six months or more), who are connected to the program through our shelter and respite system, Streets to Homes workers, and community agencies. As of December 2018, over 5,000 households are being housed in Toronto through the delivery of housing allowances. That's 5,000 households not in the shelter system seeking a place to sleep each night, but instead able to focus on education, employment and health. However, the need for housing allowances continues to grow. Critically, in 2019 the homelessness stream of the Housing Allowance program will stop the intake of new households without additional funding. Although the introduction of Housing Benefits through the Federal National Housing Strategy is anticipated in 2020/21, we must ensure that we can not only continue, but expand the current program. Housing Allowances can be the difference between stable housing and an emergency shelter. Without new investment, thousands of households that might have been able to move out of homelessness with this crucial support will be unable to access it. For every additional investment of $1 million, approximately 200 new households could begin receiving a housing allowance. With 181,000 people on the waiting list for subsidized housing, 15,000 people on the waiting list for supportive housing, and a strained rental housing market, Toronto clearly needs to expand the delivery of housing allowances in 2019. It is critical that we review options to expand the delivery of housing allowances as an important initiative to address homelessness throughout our City.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council request the General Manager, Shelter, Support and Housing Administration to report to the May 28, 2019 meeting of the Planning and Housing Committee on potential measures to expand the Housing Allowance program and funding options to do so, including but not limited to the creation of a new tier of the Municipal Land Transfer Tax for transactions above the current top tier.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Ana Bailão and Councillor Brad Bradford, recommends that: 1. City Council request the General Manager, Shelter, Support and Housing Administration to report to the May 28, 2019 meeting of the Planning and Housing Committee on potential measures to expand the Housing Allowance program and funding options to do so, including but not limited to the creation of a new tier of the Municipal Land Transfer Tax for transactions above the current top tier.
RM5.2adopted
City Council will confirm the Minutes from the regular meeting held on February 26, 2019 and the special meeting held on March 7, 2019.
City Council confirmed the Minutes of Council from the regular meeting held on February 26, 2019 and the special meeting held on March 7, 2019.
CC5.3adopted
Report on an Inquiry for Prohibited Communications during a Procurement Process
Lobbyists are required to register and report communications with public office holders about the procurement of goods, services or construction and awarding of a contract according to Chapter 140 of the Toronto Municipal Code, Lobbying (the "Lobbying By‑law"). However, the Lobbying By-law restricts communications during an active procurement to only those permitted by the Toronto Municipal Code Chapter 195, Purchasing (the "Purchasing By-law"), applicable procurement policies and procurement documents (solicitations). From the time the solicitation is issued, through to the time of the formal acceptance of a bid, and the resulting signed written contract between the City and the successful supplier (the "Blackout Period"), communications regarding the procurement are restricted to the Chief Purchasing Official or the employee specifically designated for that purpose in the solicitation (the "City Contact"). Communications with any public office holder, other than the City Contact during the Blackout Period, are contraventions of the Lobbying By-law. Any communications raising a dispute with the procurement process made during the Blackout Period must be made in accordance with Article 10 of the Purchasing By-law. Any communications not made in accordance with this Article are also contraventions of the Lobbying By-law. Compliance with the Lobbying By-law, and all relevant procurement rules is required to preserve both lobbying transparency and the integrity of the City's procurement processes.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council receive the report (March 19, 2019) from the Lobbyist Registrar for information.
Staff recommendation as filed
The Lobbyist Registrar recommends that: 1. City Council receive this report for information.
MM5.3adopted
Toronto's Municipal Code holds property and business owners to a high standard with regards to maintaining clear sidewalks, collecting patrons' waste, and maintaining boulevard planters and green spaces. However, Torontonians routinely observe that many business and property owners are failing to meet these standards, with plantings that have been abandoned for years, cigarette butts accumulating for days, and other obvious maintenance issues left unattended. Businesses and property owners also frequently report that they are not aware of the Municipal Code provisions governing these responsibilities and that it is unclear at multi-tenanted commercial buildings who is specifically responsible for taking remedial action. Toronto's Municipal Code, Chapter 743, Article 36, states that the occupier of land adjoining the street shall maintain the boulevard at their expense, including sustaining vegetation, keeping encroachments clean, and keeping the boulevard free of litter, rubbish, leaves, and other forms of debris. Chapter 545, Article 3, states that licensees are required to maintain the public sidewalk, curbs and gutters surrounding their business free from littered cigarette butts, cigar tips, electronic cigarettes, and any waste disposal generated by their patrons. The City of Toronto can do more to educate, promote, and enforce its by-laws to improve the conditions of its sidewalks and the public realm. A review of existing programs and new opportunities should be undertaken to determine how Toronto can elevate its standards and deliver the service levels mandated by the Municipal Code.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council direct the Executive Director, Municipal Licensing and Standards, the General Manager, Economic Development and Culture, and the General Manager, Transportation Services to undertake a review of existing enforcement levels and education programs used to maintain public realm and sidewalk standards described in the Toronto Municipal Code, Chapter 743 - Article 36 and Chapter 545 - Article 3, and report back to the Infrastructure and Environment Committee for its meeting on May 23, 2019 on: a. establishing opportunities for new or enhanced public education campaigns to educate business and property owners on their responsibilities, including the development of easily understood and accessible collateral, bulletins, or other media; b. detailing enforcement levels and the implications of undertaking inspections at least once per year to ensure general compliance; and c. identifying opportunities to leverage Business Improvement Area partnerships to promote public realm and sidewalk standard and disseminate related information more effectively.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Paul Ainslie, recommends that: 1. City Council direct the Executive Director, Municipal Licensing and Standards, the General Manager, Economic Development and Culture, and the General Manager, Transportation Services to undertake a review of existing enforcement levels and education programs used to maintain public realm and sidewalk standards described in the Toronto Municipal Code, Chapter 743 - Article 36 and Chapter 545 - Article 3, and report back to the Infrastructure and Environment Committee for its meeting on May 23, 2019 on: a. establishing opportunities for new or enhanced public education campaigns to educate business and property owners on their responsibilities, including the development of easily understood and accessible collateral, bulletins, or other media; b. detailing enforcement levels and the implications of undertaking inspections at least once per year to ensure general compliance; and c. identifying opportunities to leverage Business Improvement Area partnerships to promote public realm and sidewalk standard and disseminate related information more effectively.
RM5.3adopted
Introduction of Committee Reports and New Business from City Officials
Report of the Executive Committee from Meeting 3 on March 21, 2019 Submitted by Mayor John Tory, Chair Report of the Audit Committee from Meeting 1 on February 22, 2019 Submitted by Councillor Holyday, Chair Report of the Board of Health from Meeting 3 on February 25, 2019 Submitted by Councillor Joe Cressy, Chair Report of the Civic Appointments Committee from Meeting 4 on March 20, 2019 Submitted by Deputy Mayor Denzil Minnan-Wong, Chair Report of the Economic and Community Development Committee from Meeting 2 on March 6, 2019 Submitted by Councillor Michael Thompson, Chair Report of the General Government and Licensing Committee from Meeting 2 on March 5, 2019 Submitted by Councillor Paul Ainslie, Chair Report of the Infrastructure and Environment Committee from Meeting 2 on March 18, 2019 Submitted by Councillor James Pasternak, Chair Report of the Planning and Housing Committee from Meeting 3 on March 20, 2019 Submitted by Councillor Ana Bailão, Chair Report of the Etobicoke York Community Council from Meeting 4 on March 19, 2019 Submitted by Councillor Mark Grimes, Chair Report of the North York Community Council from Meeting 4 on March 19, 2019 Submitted by Councillor James Pasternak, Chair Report of the Scarborough Community Council from Meeting 4 on March 19, 2019 Submitted by Councillor Jim Karygiannis, Chair Report of the Toronto and East York Community Council from Meeting 4 on March 19, 2019 Submitted by Councillor Gord Perks, Chair New Business submitted by City Officials
Committee Reports and New Business were presented to City Council for consideration.
CC5.4adopted
Office of the Integrity Commissioner - 2018 Annual Report
The Integrity Commissioner reports annually to City Council on the work of the Office. This Report for Action transmits to City Council the Commissioner's 2018 Annual Report.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council receive the 2018 Annual Report of the Office of the Integrity Commissioner for information.
Staff recommendation as filed
The Integrity Commissioner recommends that: 1. City Council receive the 2018 Annual Report of the Office of the Integrity Commissioner for information.
MM5.4adopted
Every year, the City of Toronto carries out numerous sidewalk repairs, re-paving projects, and boulevard enhancements in response to general wear-and-tear, to restore utility cuts, and to achieve higher design standards. Toronto is also subject to the Accessibility for Ontarians with Disabilities Act, 2005, which requires that all businesses provide access to individuals with disabilities so that they may obtain, use and benefit from their goods and services by 2025. Many businesses have had difficulty achieving Accessibility for Ontarians with Disabilities Act compliance for patrons using mobility devices and have turned to innovative interim measures, such as StopGap temporary ramps, as a solution. Although designed to be a temporary solution, these ramps are not deployed and removed as needed, but are not objects placed permanently on sidewalks, creating new maintenance challenges, especially for those blind and living with visual impairments walking into unexpected interruptions in the pedestrian space. Unfortunately, this results in businesses running afoul of the Toronto Municipal Code, Chapter 743, by obstructing boulevards and creating new barriers to access by reducing the pedestrian right-of-way and the interim condition is not sufficient to constitute compliance with the Accessibility for Ontarians with Disabilities Act in most cases. It is incumbent upon the City of Toronto to determine if it can take advantage of existing contracts and scheduled sidewalk repairs to assist businesses in achieving long-term Accessibility for Ontarians with Disabilities Act compliance. Similar synergies have been achieved in other areas, such as completing water utility upgrades on private properties while Toronto Water improves substandard City assets up to the property line. This can facilitate reduced costs on the part of private property owners, as well as reduced disruption, by coordinating work and mobilizing only once for both the public and private components.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council direct the Deputy City Manager, Infrastructure and Development Services, and the General Manager, Transportation Services, consulting with other divisions as necessary, to report on the viability and requisite steps to create a program that incentivizes businesses and commercial property owners to achieve Accessibility for Ontarians with Disabilities Act compliance through the coordination of City sidewalk construction, utility upgrades, and repair contracts with private, commercial property improvements and, using the Priority Lead Water Service Replacement Program as a reference, to report back to the September 9, 2019 meeting of the Infrastructure and Environment Committee on the following items: a. the feasibility of commercial property owners using contractors hired by the City to undertake minor work on their own sites to achieve Accessibility for Ontarians with Disabilities Act compliance, including the requisite legal framework necessary to indemnify the City from work carried out as part of these separate contracts; b. the feasibility of commercial property Accessibility for Ontarians with Disabilities Act improvements being completed through the extension or expansion of City contracts with private owners only paying for the added costs; c. how notice can be provided to commercial operators and commercial property owners in advance of appropriate sidewalk construction and repair projects to allow for sufficient time to secure contractors to complete Accessibility for Ontarians with Disabilities Act improvements on their sites; and d. how the City can facilitate the effective coordination of City-hired and privately secured contractors to work in the same approximate area to complete Accessibility for Ontarians with Disabilities Act improvements on private property simultaneously with public realm improvements, including sidewalk repairs and construction. 2. City Council direct the Deputy City Manager, Infrastructure and Development Services, and the General Manager, Transportation Services to provide an interim report for feedback to the July 12, 2019 meeting of the Toronto Accessibility Advisory Committee.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Shelley Carroll, recommends that: 1. City Council direct the Deputy City Manager, Infrastructure and Development Services, and the General Manager, Transportation Services, consulting with other divisions as necessary, to report on the viability and requisite steps to create a program that incentivizes businesses and commercial property owners to achieve Accessibility for Ontarians with Disabilities Act compliance through the coordination of City sidewalk construction, utility upgrades, and repair contracts with private, commercial property improvements and, using the Priority Lead Water Service Replacement Program as a reference, to report back to the September 9, 2019 meeting of the Infrastructure and Environment Committee on the following items: a. the feasibility of commercial property owners using contractors hired by the City to undertake minor work on their own sites to achieve Accessibility for Ontarians with Disabilities Act compliance, including the requisite legal framework necessary to indemnify the City from work carried out as part of these separate contracts; b. the feasibility of commercial property Accessibility for Ontarians with Disabilities Act improvements being completed through the extension or expansion of City contracts with private owners only paying for the added costs; c. how notice can be provided to commercial operators and commercial property owners in advance of appropriate sidewalk construction and repair projects to allow for sufficient time to secure contractors to complete Accessibility for Ontarians with Disabilities Act improvements on their sites; and d. how the City can facilitate the effective coordination of City-hired and privately secured contractors to work in the same approximate area to complete Accessibility for Ontarians with Disabilities Act improvements on private property simultaneously with public realm improvements, including sidewalk repairs and construction. 2. City Council direct the Deputy City Manager, Infrastructure and Development Services, and the General Manager, Transportation Services to provide an interim report for feedback to the July 12, 2019 meeting of the Toronto Accessibility Advisory Committee.
RM5.4received
Members of Council may file petitions.
City Council on March 27 and 28, 2019, received the following petition for information: 1. Petition headed "Save our Subway", submitted by Councillor Josh Matlow, Ward 12, Toronto-St. Paul's, containing the names of approximately 3,868 persons.
CC5.5adopted
Appointment of Public Members to the Toronto Licensing Tribunal
On March 18, 2019, the Nominating Panel - Toronto Licensing Tribunal conducted interviews and recommended 7 candidates, including one as Chair, to City Council for appointment to the Toronto Licensing Tribunal.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council appoint the following candidate to the Toronto Licensing Tribunal, who will serve as Chair, for a term of office ending on November 14, 2022, and until a successor is appointed: - Mary Lee 2. City Council appoint the following candidates to the Toronto Licensing Tribunal who will serve as public members, for a term of office ending on November 14, 2022, and until successors are appointed: - Anu Bakshi - Maureen Carter-Whitney - Verlyn Francis - Melina Laverty - Edgar-Andre Montigny - Daphne Simon 3. City Council direct that Confidential Attachments 1 to 5 to the report (March 7, 2019) 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 Licensing Tribunal. Confidential Attachments 1 to 5 to the report (March 7, 2019) 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 Licensing Tribunal.
Staff recommendation as filed
The City Clerk transmits the Decision Letter from the Nominating Panel - Toronto Licensing Tribunal. The Nominating Panel - Toronto Licensing Tribunal recommends that: 1. City Council appoint the following candidate to the Toronto Licensing Tribunal, who will serve as Chair, for a term of office ending on November 14, 2022, and until a successor is appointed: - Mary Lee 2. City Council appoint the following candidates to the Toronto Licensing Tribunal who will serve as public members, for a term of office ending on November 14, 2022, and until successors are appointed: - Anu Bakshi - Maureen Carter-Whitney - Verlyn Francis - Melina Laverty - Edgar-Andre Montigny - Daphne Simon 3. City Council direct that Confidential Attachments 1 - 5 to the report (March 7, 2019) 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 Licensing Tribunal.
MM5.5adopted
83 Alexander Street, the Church Street Junior Public School, is a significant green space and children's education facility. The Toronto District School Board is investing in ongoing capital investments on the site and additional Section 37 funds were allocated to enhance this work with a decorative fence feature for the south-west edge of the property in 2017 and 2018. Work is anticipated to take place this summer and additional opportunities to improve site safety, security and the state of good repair have been identified. The fencing and gates located along the north side of the grounds, as well as the northern stretch of the school property on Mutual Street are currently chain link and upgrading this remaining portion would represent a comprehensive improvement and take advantage of imminent construction. Council approved Implementation Guidelines for Section 37 provide state that: Cash contributions toward the capital improvement of school board playgrounds are eligible S.37 community benefits where the playground serves as a local park, where the public will continue to have reasonable access for the foreseeable future, and where there is no local City-owned parkland performing a similar function in the same community that could otherwise benefit from the cash contribution. Capital improvements to the Church Street Junior Public School's street edge space would comply with the Section 37 Agreement and the Council approved Guidelines. Prior to receiving the funds, the Toronto District School Board will be required to sign a Community Access Agreement which will contain provisions governing the purpose of the funds, the financial reporting requirements and access to the playground at the school. The Community Access Agreement will be executed between the City and the Toronto District School Board, drawn up in consultation with the local Councillor.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council increase the Approved 2019 Operating Budget for Non-Program by $189,687.42 gross, $0 net (Cost Centre: NP2161) on a one-time basis for the purpose of capital improvements by the Toronto District School Board in 2019 for streetscape improvements including the fabrication and installation of an improved fence along the north side of Church Street Junior Public School lands located at 83 Alexander Street, including Church Street, Alexander Street, Mutual Street and Wood Street, fully funded from the following developments: a. 355 Church Street secured for local street and/or park improvements in the immediate area of the lot in the amount $189,687.42 (Source Account: XR3026-3700687). 2. City Council authorize the execution of a Community Access Agreement with the Toronto District School Board for the capital improvements at Church Street Junior Public School for a term of twenty years, and otherwise on terms and conditions satisfactory to the City Solicitor. 3. City Council request City staff from the Management Services Branch of Parks, Forestry and Recreation to participate in the preparation of the Community Access Agreement and request the City Solicitor to draw up the Agreement, in consultation with the Ward Councillor, Community Planning staff and Transportation Services staff. 4. City Council direct that the funds be forwarded to the Toronto District School Board once the Toronto District School Board has signed the Community Access Agreement with the City, governing the purpose of the funds, the financial reporting requirements, and addressing community access to the improved facilities, drawn up in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Shelley Carroll, recommends that: 1. City Council increase the Approved 2019 Operating Budget for Non-Program by $189,687.42 gross, $0 net (Cost Centre: NP2161) on a one-time basis for the purpose of capital improvements by the Toronto District School Board in 2019 for streetscape improvements including the fabrication and installation of an improved fence along the north side of Church Street Junior Public School lands located at 83 Alexander Street, including Church Street, Alexander Street, Mutual Street and Wood Street, fully funded from the following developments: a. 355 Church Street secured for local street and/or park improvements in the immediate area of the lot in the amount $189,687.42 (Source Account: XR3026-3700687) 2. City Council authorize the execution of a Community Access Agreement with the Toronto District School Board for the capital improvements at Church Street Junior Public School for a term of twenty years, and otherwise on terms and conditions satisfactory to the City Solicitor. 3. City Council request City staff from the Management Services Branch of Parks, Forestry and Recreation to participate in the preparation of the Community Access Agreement and request the City Solicitor to draw up the Agreement, in consultation with the Ward Councillor, Community Planning staff and Transportation Services staff. 4. City Council direct that the funds be forwarded to the Toronto District School Board once the Toronto District School Board has signed the Community Access Agreement with the City, governing the purpose of the funds, the financial reporting requirements, and addressing community access to the improved facilities, drawn up in consultation with the Ward Councillor.
RM5.5received
Presentations, Introductions and Announcements
Various presentations and announcements will be made at the City Council meeting.
Various presentations, introductions and announcements were made to City Council on March 27 and 28, 2019. March 27, 2019 Speaker Nunziata, during the morning session of the meeting, invited Chris Murray, City Manager, to come forward to recognize Toronto Fire Service on receiving Accredited Agency status from the Commission on Fire Accreditation International. Chris Murray congratulated Toronto Fire Services on this outstanding achievement and advised Members of Council that Toronto is the largest City in North America to receive this accreditation. Chris Murray invited Mayor Tory to come forward. Mayor Tory acknowledged and thanked members of Toronto Fire Services who worked on the application. Councillor Ainslie, during the morning session of the meeting, advised Members of Council that William Lyon Mackenzie, first Mayor of Toronto, assumed office on this day. Speaker Nunziata, during the morning session of the meeting, welcomed the Grade 5 students from Toronto Heschel School and their group leader who were present in the Chamber. Speaker Nunziata, during the morning session of the meeting, reminded Members of Council of the Toronto Association of Business Improvement Areas luncheon being held today at City Hall. March 28, 2019 Speaker Nunziata, during the morning session of the meeting, invited Mayor Tory to come forward to recognize the newly appointed City of Toronto Poet Laureate, Mr. Al Moritz. Mayor Tory congratulated Mr. Moritz on his appointment and spoke of his accomplishments. Mayor Tory invited Mr. Moritz to come forward. Mr. Moritz addressed City Council and read his poem "By St. Nicholas Ukrainian Catholic Church". Mayor Tory also thanked Anne Michaels, the City's outgoing Poet Laureate, for her service to the City. Councillor Grimes, during the morning session of the meeting, acknowledged Dianne Young, Chief Executive Officer, Exhibition Place who was present in the Chamber. Councillor Grimes advised Members of Council that Ms. Young would be retiring in June and remarked on her numerous accomplishments over her 33 years with the City of Toronto. Councillor Grimes also showed a video on Exhibition Place called "The Gathering Place of Toronto". Councillor Layton, during the afternoon session of the meeting, welcomed Adam Vaughan, Member of Parliament, who was present in the Chamber.
CC5.6adopted
Direction is needed from City Council on an urgent basis for the Local Planning Appeal Tribunal prehearing conference scheduled for April 1, 2019, for the official plan amendment and zoning by-law amendment appeals regarding the application for official plan amendment and zoning by-law amendment for 258, 260, 264, 266, 268 and 270 Sheppard Avenue West and 1 and 3 Addington Avenue.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 26, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2 and 3 to the report (March 26, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 26, 2019) 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 (March 26, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer dated March 26, 2019 in Confidential Attachment 2 and the revised plans dated March 6, 2019 in Confidential Attachment 3 to the report (March 26, 2019) from the City Solicitor, and direct the City Solicitor and other appropriate staff to attend the Local Planning Appeal Tribunal in support of the settlement. 2. City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act as follows: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. a cash contribution in the amount of $1,134,000, such funds to be used by the City within proximity to the site and within the boundaries of the existing Ward 18; with the allocation of such funds to be determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; the improvements will be secured in the Amending By-law as well as other matters referred to in City Council's decision and the report from the City Solicitor; ii. in the event the cash contribution referred to in Part 2.a.i. above has not been used for the intended purpose within three (3) years of the Amending By-laws coming into full force and effect, the cash contribution may be redirected for another purpose within the boundaries of the existing Ward 18, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands; and iii. the $1,134,000 cash contribution is to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the Local Planning Appeal Tribunal decision to the date of payment; all cash contributions will be payable prior to the issuance of the first above-grade building permit. 3. As a legal convenience to support development, if approved by the Local Planning Appeal Tribunal, the Section 37 Agreement will also secure the following matters: a. a boulevard extension within the City right-of-way on the east side of Addington Avenue between Sheppard Avenue West and the proposed site driveway which shall be designed prior to Final Site Plan Approval to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, and which shall be constructed, prior to first residential use of the development, to the satisfaction of the General Manager, Transportation Services; and b. the conveyance of the lands municipally known as 5 Addington Avenue to the City as off-site parkland dedication for the development prior to the issuance of the first above grade building permit for the development, in satisfaction of applicable parkland dedication requirements; should the Owner receive approval for a future minor variance or rezoning which increases the maximum permitted Residential Gross Floor Area and/or the maximum permitted Non-Residential Gross Floor Area beyond the amount shown on the revised plans dated March 6, 2019, the Owner shall be responsible for an increase in the parkland dedication to the extent that the new additional approved density triggers a requirement for a greater parkland dedication, by way of a cash-in-lieu payment and/or land in accordance with all legal requirements at the time the parkland dedication is required. 4. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Amending By-laws until such time as the City Solicitor has advised the Tribunal that: a. the proposed Official Plan amendment and Zoning By-law Amendments are in a form satisfactory to the City; b. the City has received an executed Section 37 Agreement, satisfactory to the City Solicitor, securing the benefits outlined in Part 2 and 3above, and the Section 37 Agreement has been registered on title to the Subject Property; c. the applicant has resolved all outstanding issues identified in the Engineering and Construction memo dated April 20, 2018 to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and d. the applicant has withdrawn as a party from the appeal of OPA 367 (PL170343) and submitted to the Local Planning Appeal Tribunal that it will not participate in the hearing for such appeal. 5. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 6. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment provided with the Settlement Offer, as deemed necessary by and at the sole discretion of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning. Confidential Attachments 2 and 3 to the report (March 26, 2019) 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 (March 26, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, Confidential Attachments 2 and 3, once adopted by City Council. 3. City Council direct that the balance of Confidential Attachment 1 remain confidential as it contains advice which is subject to solicitor-client privilege.
MM5.6adopted
The Dupont by the Castle Business Improvement Area will be undertaking streetscape improvements to the areas bounded by Avenue Road to Bathurst Street. The allocation of this funding will specifically assist the Business Improvement Area to develop plans with a consultant for Huron Square greening project which will bring added vibrancy to this area of the Business Improvement Area. Section 37 funds have been secured from the development at 740 Dupont Street. These funds were secured to be used by the City towards streetscape improvements along Dupont Street in the vicinity of the property municipally known as 740 Dupont Street. The funds remain uncommitted and are available for use. Capital streetscape improvements to Dupont Street to be undertaken by the Dupont by the Castle Business Improvement Area would comply with the Section 37 Agreement and the Council approved Section 37 Guidelines.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council increase the Approved 2019 Operating Budget for Non-Program by $50,000.00 gross, $0 net fully funded by Section 37 community benefits obtained in the development at 740 Dupont Street (Source Account: XR3026-3700955), for the purpose of forwarding funds to the Dupont by the Castle Business Improvement Area for capital improvements to Dupont Street (Cost Centre: NP2161). 2. City Council direct that the $50,000 be forwarded to the Dupont by the Castle Business Improvement Area, subject to the Business Improvement Area signing an Undertaking governing the use of the funds and the financial reporting requirements.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Joe Cressy, recommends that: 1. City Council increase the Approved 2019 Operating Budget for Non-Program by $50,000.00 gross, $0 net fully funded by Section 37 community benefits obtained in the development at 740 Dupont Street (Source Account: XR3026-3700955), for the purpose of forwarding funds to the Dupont by the Castle Business Improvement Area for capital improvements to Dupont Street (Cost Centre: NP2161). 2. City Council direct that the $50,000 be forwarded to the Dupont by the Castle Business Improvement Area, subject to the Business Improvement Area signing an Undertaking governing the use of the funds and the financial reporting requirements.
RM5.6amended
City Council will review the Order Paper.
March 27, 2019: City Council adopted the March 27, 2019, Order Paper, as amended, and all other Items not held on consent. March 28, 2019: City Council adopted the March 28, 2019, Order Paper.
CC5.7amended
This report is further to City Council's adoption of Item TE33.5 on June 26, 2018, at which time City Council required the owner of the lands municipally known as 1245 Dupont Street and 213 Emerson Avenue to enter into and register against title an agreement with the City pursuant to Section 37 of the Planning Act to secure community benefits, at the owner's expense, in connection with the proposed development of the owner's lands and City-owned lands municipally known as 1260 Dufferin Street. The City Solicitor requires further instructions from City Council related to the preparation of the Section 37 Agreement.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council direct the City Solicitor to secure the following matters as a legal convenience to support development through a Section 37 Agreement between the City and the owner: a. prior to the issuance of the first above grade building permit for Phase 1 of the development, the owner shall submit to the City a letter of credit in a value equal to 15 percent of the estimated construction cost of the community recreation facility, inclusive of the community centre and related works, the ice skating facility, child care centre, and the above base park improvements to the parkland dedication to the satisfaction of the General Manager, Parks, Forestry and Recreation, minus the value equivalent of the letter of credit to secure 120 percent of the Parks and Recreation component of the Development Charges for Phase 1 of the development, for the purpose of a warranty to guarantee the construction of said works by the owner, to the satisfaction of the General Manager, Parks, Forestry and Recreation; b. the 150 affordable rental housing units which are required to be provided by the owner pursuant to City Council's adoption of Item TE33.5, Parts 6a. and 6g. on June 26, 2018 shall be ready and available for occupancy prior to the issuance of an above grade building permit for the second building to be constructed as a part of Phase 2 of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning; and c. the owner shall create a Park Master Plan in consultation with Parks, Forestry, and Recreation staff and the local community, for the parkland dedication required in connection with the development and adjacent City-owned lands, to the satisfaction of the General Manager, Parks, Forestry and Recreation.
Staff recommendation as filed
The City Solicitor recommends that City Council direct the City Solicitor to secure the following matters as a legal convenience to support development through a Section 37 Agreement between the City and the owner: 1. prior to the issuance of the first above-grade building permit for Phase 1 of the development, the owner shall submit a letter of credit equal to 120 percent of the Parks and Recreation component of the Development Charges payable for all Phases of the development, to be adjusted in accordance with changes to Development Charges payable over time, to secure the owner's financial obligations to construct a recreation centre and above-base park improvements to the parkland dedication for which the provision of a development charge credit has been authorised in accordance with City Council's adoption of Item TE33.5, Recommendation 8 and Recommendation 9, on June 26, 2018, to the satisfaction of the General Manager, Parks, Forestry and Recreation; 2. the 150 affordable rental housing units which are required to be provided by the owner pursuant to City Council's adoption of Item TE33.5, Recommendations 6a. and 6g. on June 26, 2018 shall be ready and available for occupancy prior to the issuance of an above grade building permit for the second building to be constructed as a part of Phase 2 of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning; and 3. the owner shall create a Park Master Plan in consultation with Parks, Forestry, and Recreation staff and the local community, for the parkland dedication required in connection with the development and adjacent City-owned lands, to the satisfaction of the General Manager, Parks, Forestry and Recreation.
MM5.7adopted
In 2014, City Council negotiated funds for Beverley Junior Public School for a barrier-free playground project. The school has supported the educational needs of students with developmental and/or physical disabilities since the 1950s, and was originally used as a training site for the Canadian National Institute for the Blind. The funds will be used to create a sensory garden project for students and community members alike. The City of Toronto secured funds under Section 37 of the Planning Act with the owners of the development at 245-255 College Street and 39 and 40 Glasgow Street, authorized by site-specific Zoning By-law 780-2016(OMB). The associated Section 37 Agreement provides that certain funds shall be used specifically for "the sensory garden project at Beverly Junior Public School at 64 Baldwin Avenue". The funds have been received by the City. This Motion proposes to provide a total of $153,755.59 to the Toronto District School Board towards the cost of the sensory garden project. A Community Access Agreement to be signed by the Toronto District School Board will contain provisions governing the purpose of the funds, the financial reporting requirements, and access to the playgrounds at the school. The Community Access Agreement will be executed between the City and the Toronto District School Board, drawn up in consultation with the local Councillor.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council increase the Approved 2019 Operating Budget for Non-Program by $153,755.59 gross, $0 net, (Cost Centre: NP2161) fully funded by Section 37 funds obtained in the development 245-255 College Street and 39 and 40 Glasgow Street (Source Account: XR3026-3700678), for the purpose of providing one time capital funding to the Toronto District School Board for the sensory garden project at Beverly Junior Public School located at 64 Baldwin Avenue. 2. City Council request City staff from the Management Services Branch of the Parks, Forestry and Recreation Division to participate in the preparation of the Community Access Agreement and request the City Solicitor to draw up the Agreement, in consultation with the Ward Councillor and Community Planning staff. 3. City Council authorize the execution of a Community Access Agreement with the Toronto District School Board for the sensory garden project at Beverly Junior Public School, to the satisfaction of the City Solicitor. 4. City Council direct that the funds be forwarded to the Toronto District School Board once the Toronto District School Board has signed a Community Access Agreement with the City governing the purpose of the funds, the financial reporting requirements and addressing community access to the playground facilities satisfactory to the City Solicitor, and prepared in consultation with the General Manager, Parks, Forestry and Recreation and the Ward Councillor.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Joe Cressy, recommends that: 1. City Council increase the Approved 2019 Operating Budget for Non-Program by $153,755.59 gross, $0 net, (Cost Centre: NP2161) fully funded by Section 37 funds obtained in the development 245-255 College Street and 39 and 40 Glasgow Street (Source Account: XR3026-3700678), for the purpose of providing one time capital funding to the Toronto District School Board for the sensory garden project at Beverly Junior Public School located at 64 Baldwin Avenue. 2. City Council request City staff from the Management Services Branch of the Parks, Forestry and Recreation Division to participate in the preparation of the Community Access Agreement and request the City Solicitor to draw up the Agreement, in consultation with the Ward Councillor and Community Planning staff. 3. City Council authorize the execution of a Community Access Agreement with the Toronto District School Board for the sensory garden project at Beverly Junior Public School, to the satisfaction of the City Solicitor. 4. City Council direct that the funds be forwarded to the Toronto District School Board once the Toronto District School Board has signed a Community Access Agreement with the City governing the purpose of the funds, the financial reporting requirements and addressing community access to the playground facilities satisfactory to the City Solicitor, and prepared in consultation with the General Manager, Parks, Forestry and Recreation and the Ward Councillor.
CC5.8adopted
Don Mills Centre - Request for Instructions
On March 2, 2011, Official Plan Amendment No. 587 to the former City of North York Official Plan and Zoning By-law No. 342-2011(OMB) were approved by the Ontario Municipal Board (OMB) now continued as the Local Planning Appeal Tribunal (LPAT). The planning instruments implement City Council's settlement on the redevelopment of the southern portion of the Don Mills Centre lands (Phase 2) with a mixed development including a Local Park and a public Community Centre. A Section 37 Agreement was entered into between the owner of the lands, C/F Realty Holdings Limited (Cadillac Fairview) and the City. The City Solicitor is seeking instructions from City Council with respect to a requirement of the Section 37 Agreement.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 19, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 19, 2019) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (March 19, 2019) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (March 19, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council instruct the City Solicitor to extend the deadline for conveyance of the Community Centre Lands until April 30, 2020. The balance of Confidential Attachment 1 to the report (March 19, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. City Council authorize the public release of the confidential instructions to staff contained in Confidential Attachment 1, once adopted by City Council, with the confidential information or advice in the remainder of the Confidential Attachment to remain confidential, as it contains information that is subject to solicitor-client privilege.
MM5.8adopted
This Motion recommends the release of Section 37 Planning Act funds totaling $742,099.90 to the Toronto Community Housing Corporation for the purpose of undertaking improvements to a Toronto Community Housing Corporation owned building at 250 Davenport Road. The Toronto Community Housing Corporation is working collaboratively with local residents and neighbours, and their private development partners, as they transform aging housing infrastructure to build better homes, better neighbourhoods, and a better Toronto for all. At 250 Davenport Road, the Toronto Community Housing Corporation is using the proceeds from the sale of a portion of the land to revitalize the existing building with new windows and balcony doors, and improvements to the heating, cooling and building systems to increase quality of life for residents, while improving the existing open spaces around the building. Funds have been secured from the development at 250 Davenport Road as community benefits through Section 37 Planning Act specifically for capital improvements to support food security benefits and/or health services for the benefit of current and future tenants of the existing building. The funds plus indexing have been received by the City.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council increase the Approved 2019 Operating Budget for Shelter, Support and Housing Administration by $742,099.90 gross, $0 net, fully funded by Section 37 funds received in the development at 250 Davenport Road (Source Account: XR3026-3700935) for transfer to the Toronto Community Housing Corporation for improvements to support food security benefits and/or health services for the benefit of current and future tenants of the existing building at 250 Davenport Road (FD5101). 2. City Council direct that the $742,099.90 be forwarded to the Toronto Community Housing Corporation upon the signing of an Undertaking by the Toronto Community Housing Corporation governing the use of the funds and the financial reporting requirements.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Joe Cressy, recommends that: 1. City Council increase the Approved 2019 Operating Budget for Shelter, Support and Housing Administration by $742,099.90 gross, $0 net, fully funded by Section 37 funds received in the development at 250 Davenport Road (Source Account: XR3026-3700935) for transfer to the Toronto Community Housing Corporation for improvements to support food security benefits and/or health services for the benefit of current and future tenants of the existing building at 250 Davenport Road (FD5101). 2. City Council direct that the $742,099.90 be forwarded to the Toronto Community Housing Corporation upon the signing of an Undertaking by the Toronto Community Housing Corporation governing the use of the funds and the financial reporting requirements.
CC5.9adopted
The purpose of this report is to seek further instruction respecting the appeals of the Official Plan and Zoning By-law Amendment applications for 245-285 Queen Street East, 348-410 Richmond Street East, 88-106 Ontario Street and 8-12 Brigden Place, currently before the Local Planning Appeal Tribunal (the "LPAT"). At the July 23, 24, 25, 26, 27 and 30, 2018 meeting of City Council, City Council adopted the recommendations from the City Solicitor, with amendments, respecting a settlement offer from the applicant (the "July 2018 Settlement Offer"). The City Solicitor recommended accepting the July 2018 Settlement Offer. The decision document and report from the City Solicitor can be accessed at: http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2018.CC44.36 On October 31, 2018, the LPAT issued an Interim Order allowing the appeal in part and approving the settlement reached between the City and the applicant. The applicant has since made revisions to the development proposal that require further instruction from City Council. This report was prepared in consultation with City Planning.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 19, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 19, 2019) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (March 19, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor. The confidential instructions to staff in Confidential Attachment 1 to the report (March 19, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the revisions as set out in the March 15, 2019 letter from Aird & Berlis, attached as Public Appendix A to the report (March 19, 2019) from the City Solicitor. 2. City Council authorize the City Solicitor and appropriate City Staff to advise the Local Planning Appeal Tribunal that City Council supports the revisions to the July 6, 2018 settlement plans, as shown in the architectural plans dated March 12, 2019 attached as Public Appendix B and as set out in Public Appendix A to the report (March 19, 2019) from the City Solicitor. The balance of Confidential Attachment 1 to the report (March 19, 2019) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City or one of its agencies or corporations and it contains advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (March 19, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the Recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the Confidential Recommendations contained in Confidential Attachment 1 if the Confidential Recommendations are adopted by City Council, but that the balance of Confidential Attachment 1 remain confidential at the discretion of the City Solicitor.
MM5.9adopted
This Motion recommends the release of Section 37 Planning Act funds totaling $318,042.81 to the Toronto Community Housing Corporation for the purpose of undertaking improvements to a Toronto Community Housing Corporation owned building at 250 Davenport Road. The Toronto Community Housing Corporation is working collaboratively with local residents and neighbours, and their private development partners, as they transform aging housing infrastructure to build better homes, better neighbourhoods, and a better Toronto for all. At 250 Davenport Road, the Toronto Community Housing Corporation is using the proceeds from the sale of a portion of the land to revitalize the existing building with new windows and balcony doors, and improvements to the heating, cooling and building systems to increase quality of life for residents, while improving the existing open spaces around the building. Funds have been secured from the development at 250 Davenport Road as community benefits through Section 37 Planning Act specifically for improvements to indoor amenity spaces at 250 Davenport Road. The funds plus indexing have been received by the City.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council increase the Approved 2019 Operating Budget for Shelter, Support and Housing Administration by $318,042.81 gross, $0 net, fully funded by Section 37 funds received in the development at 250 Davenport Road (Source Account: XR3026-3700936) for transfer to the Toronto Community Housing Corporation for improvements to indoor amenity spaces at 250 Davenport Road (FD5101). 2. City Council direct that the $318,042.81 be forwarded to the Toronto Community Housing Corporation upon the signing of an Undertaking by the Toronto Community Housing Corporation governing the use of the funds and the financial reporting requirements.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Joe Cressy, recommends that: 1. City Council increase the Approved 2019 Operating Budget for Shelter, Support and Housing Administration by $318,042.81 gross, $0 net, fully funded by Section 37 funds received in the development at 250 Davenport Road (Source Account: XR3026-3700936) for transfer to the Toronto Community Housing Corporation for improvements to indoor amenity spaces at 250 Davenport Road (FD5101). 2. City Council direct that the $318,042.81 be forwarded to the Toronto Community Housing Corporation upon the signing of an Undertaking by the Toronto Community Housing Corporation governing the use of the funds and the financial reporting requirements.
CC5.10adopted
Antorisa Investments Ltd. ("Antorisa", or the "Owner") is the owner of the lands known as 280-290 Jarvis Street, 102-110 Gerrard Street East and 189-193 Mutual Street. On December 29, 2016, Antorisa made applications for an Official Plan Amendment, Zoning By-law Amendment and Rental Housing Demolition with respect to the subject lands in order to permit a 25 storey-building and adjoining 10-storey building with a 3-storey podium. The heritage buildings on site were proposed to be re-located on site and incorporated into the design of the new development. The applications were refused by City Council and the Official Plan Amendment and the Zoning By-law Amendment matters were appealed by the Owner to the LPAT on May 24, 2017. The appeal is known as LPAT Case No. PL170765. A pre-hearing conference took place on April 11, 2018 and June 29, 2018. On January 10, 11 and February 11, 2019, the parties attended Tribunal-led mediation. A 10-day hearing is scheduled to begin at the LPAT on April 1, 2019, and as a result this matter is urgent. The purpose of this report is to request further instructions for the upcoming LPAT hearing. City Planning has been involved in the preparation of this report.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 19, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (March 19, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 19, 2019) 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 (March 19, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer dated February 28, 2019 in Confidential Appendix A and as generally shown on the Settlement Plans dated February 28, 2019 in Confidential Appendix B to the report (March 19, 2019) from the City Solicitor, subject to the Parts set out below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on April 1, 2019 generally in support of the revised development as described in the Settlement Offer in Confidential Appendix A and as illustrated on the Settlement Plans in Confidential Appendix B to the report (March 19, 2019) from the City Solicitor, subject to the Parts set out below. 3. In the event that the Local Planning Appeal Tribunal allows the appeals in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Orders on the Official Plan Amendment and Zoning By-law Amendment appeals until such time as: a. the Official Plan and Zoning By-law Amendment(s) have been finalized in a form mutually satisfactory to the City Solicitor, the Chief Planner and Executive Director, City Planning and the Owner, and have been provided to the Local Planning Appeal Tribunal ; b. the Local Planning Appeal Tribunal has been advised by the City Solicitor that the Owner has submitted a revised Functional Servicing Report, Stormwater Management Report and Hydrogeological Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the Local Planning Appeal Tribunal has been advised by the City Solicitor that the Owner has entered into and registered a financially secured Infrastructure Agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and City Solicitor, for the design and construction of any necessary upgrades or required improvements to the existing municipal infrastructure, should any such upgrades or improvements be identified in the accepted Functional Servicing Report, Stormwater Management Report and/or Hydrogeological Report, at the sole cost and expense of the Owner; d. the Owner has entered into and registered a Heritage Easement Agreement with the City in accordance with the Settlement Plans and the Heritage Impact Assessment prepared by ERA Architects Inc., dated December 23, 2016 and revised February 28, 2019, and on file with the Senior Manager, Heritage Preservation Services, and in accordance with the accepted Conservation Plan required pursuant to Part 3.e. below, to the satisfaction of the Senior Manager, Heritage Preservation Services and the City Solicitor; e. the Owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 280 and 288-290 Jarvis Street and 189-193 Mutual Street prepared by prepared by ERA Architects Inc., dated December 23, 2016 and revised February 28, 2019 to the satisfaction of the Senior Manager, Heritage Preservation Services; f. the Owner has entered into and registered on title, an agreement with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Preservation Services securing the matters set out in Part 4 below, with such facilities, services and matters to be set forth in the Zoning By-law Amendment; g. City Council has approved the Rental Housing Demolition application (16 271650 STE 27 RH); h. the Zoning By-law Amendment(s) referenced in Part 3.a. above provides for the securing of the replacement rental dwelling units (including location, size, rents and tenure), an acceptable Tenant Relocation and Assistance Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and any other related rental matters; i. the City and the Owner have entered into and registered on title one or more agreements to secure the replacement rental dwelling units (location, size, rents and tenure), an acceptable Tenant Relocation and Assistance Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and any other related rental matters; and j. the Owner has withdrawn or made arrangements satisfactory to the City Solicitor to withdraw its appeals of Official Plan Amendment 82, Official Plan Amendment 352 and the Garden District Heritage Conservation District. 4. City Council authorize the City Solicitor to enter into an agreement pursuant to Section 37 of the Planning Act which agreement shall be registered against title and shall provide that the Owner shall, at the Owner's expense, provide or fund the following facilities, services and/or matters on terms satisfactory to the City of Toronto, with such facilities, services and matters to be set forth in the Zoning By-law Amendment, as more specifically set out below: a. the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. a monetary contribution in the amount of $1,000,000.00, payable prior to the issuance of the first above-grade building permit for the development, to be used by the City in its sole discretion toward the provision of affordable housing and/or streetscape and parkland improvements in the vicinity of the development; ii. the cash contribution is to 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 327-0058, or its successor, calculated from the date of the Council decision accepting the Settlement Offer to the date of payment; and iii. in the event the cash contribution referred has not been used for the intended purposes within three years of the By-law coming into full force and effect, the cash contribution may be redirected for other purposes, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose(s) is identified in the Toronto Official Plan and will benefit the community in the vicinity of the site; and b. the following matters shall be secured in the Section 37 Agreement as a legal convenience to support the development: i. submission, and thereafter implementation, of a construction management plan by the Owner to address such matters as wind, noise, dust, street closures, parking and laneway uses and access; such plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, and shall be completed prior to Site Plan Approval; ii. the replacement of rental dwelling units (location, size, rents and tenure) and development of an acceptable Tenant Relocation and Assistance Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and any other related rental matters; iii. pior to final Site Plan approval for the proposed development, the Owner shall provide and thereafter implement as required, the following, all to the satisfaction of the Senior Manager, Heritage Preservation Services: a. final site plan drawings substantially in accordance with the approved Conservation Plan; b. a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their heritage character; c. a detailed landscape plan for the subject properties; d. an Interpretation Plan for the subject properties; and e. a Signage Plan for 280, and 288-290 Jarvis Street. 5. City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision. Confidential Appendices A and B to the report (March 19, 2019) 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 (March 19, 2019) 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 (March 19, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in Confidential Attachment 1. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, and Confidential Appendices A and B, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.
MM5.10withdrawn
In the first decades of the 20th century, Black citizens in Toronto's small, close knit community struggled to find meaningful employment, decent housing, and fair treatment within the City's largely white, Anglo-Saxon population. Among organizations established to unify and give voice to the community was the Universal Negro Improvement Association. The Universal Negro Improvement Association was founded by in 1914 in Jamaica by Marcus Garvey with the purpose of uniting Blacks around the world and repatriating them to Africa. Thirty-two Divisions were charted throughout Canada. On December 1, 1919, Toronto's Black community received a Universal Negro Improvement Association charter establishing Division 21. In 1925, members purchased the three-story brick building at 355 College Street. With only a few hundred Black families in Toronto, most of them living in the Bathurst and College area, the Hall quickly became an important community-building venue and hosted civic meetings, legal clinics, theatrical events, employment workshops, concerts, dances and fashion shows. Marcus Garvey visited Toronto three times and addressed Universal Negro Improvement Association members at the Hall. In an effort to train future Universal Negro Improvement Association leaders, in 1937 Marcus Garvey launched the School of African Philosophy in the building. Division 21 connected Toronto and Canada to the wider Black Nationalist movement and remained active until 1982. An application has been approved by Heritage Toronto for the installation of a commemorative plaque, recognizing the historic significance of the Universal Negro Improvement Association Hall, formerly located at 355 College Street. The centenary of the Toronto Chapter of the Universal Negro Improvement Association will be celebrated in December 2019. This application has been endorsed by the Ontario Black History Society and St. Stephen's Community House. The City of Toronto secured funds under Section 37 of the Planning Act with the owners of the development at 231-237 College Street and 177-189 Huron Street, authorized by site-specific Zoning By-law 806-2015. The by-law and the associated Section 37 Agreement provides that certain funds shall be used specifically a variety of community benefits including for streetscape improvements in the immediate area. Both instruments also provide that in the event that some or all of the cash contributions have not been used for the intended purpose within three (3) years of the By-law coming into full force and effect, the unused cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands. Three years have passed since the By-law came into full force and effect. Accordingly, this Motion proposes to redirect $2,100 from the unused cash contribution for streetscape improvements to fund the creation and installation of a heritage plaque commemorating the Universal Negro Improvement Association. Funding for other non-profit arts, cultural, community or institutional facilities is a purpose identified in the Official Plan. As Heritage Toronto is a directly funded City agency and not considered an "outside party", no undertaking is required to be signed by Heritage Toronto governing the use of the funds and financial reporting.
Motion MM5.10 was withdrawn at City Council on March 27 and 28, 2019.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Joe Cressy, recommends that: 1. City Council increase the Approved 2019 Operating Budget for Heritage Toronto by $2,100.00 gross, $0 net, fully funded by Section 37 community benefits obtained from the development at 231-237 College Street and 177-189 Huron Street (Source Account: XR3026- 3700836), to fund the creation and installation of a heritage plaque commemorating the Universal Negro Improvement Association (Cost Centre: HG0001).
CC5.11amended
The purpose of this report is to seek further instruction in relation to a development application for a site that contains several heritage resources, and a related ongoing appeal at the Local Planning Appeal Tribunal ("LPAT"). This report was prepared in consultation with Heritage Preservation Services.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (March 12, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in the Confidential Attachment 1, and Confidential Appendices A, B, C and D to the report (March 12, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 12, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor as it contains advice that is subject to solicitor-client privilege. 4. Pursuant to 415-19(D) of the Toronto Municipal Code, City Council assume approval authority for any site plan application for 280-290 Jarvis Street and 189 - 193 Mutual Street with the Ward Councillor to be authorized to re-delegate approval of the site plan to the Chief Planner and Executive Director, City Planning, at the discretion of the Ward Councillor. The confidential recommendations in Confidential Attachment 1 to the report (March 12, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council approve the alterations to the heritage property at 280 and 288-290 Jarvis Street and 189-193 Mutual Street, in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a residential building incorporating the heritage buildings on the lands known municipally in the year 2019 as 280-290 Jarvis Street, 102-110 Gerrard Street East and 189-193 Mutual Street, with such alterations substantially in accordance with plans and drawings dated February 28, 2019, prepared by Giannone Petricone Associates, and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment, prepared by ERA Architects Inc., dated December 23, 2016 and revised February 28, 2019, and on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following additional conditions: a. prior to any Local Planning Appeals Tribunal Order issuing in connection with the Official Plan Amendment and Zoning By-law Amendment appeal, the owner shall: 1. enter into a Heritage Easement Agreement with the City for the property at 280-290 Jarvis Street, 102-110 Gerrard Street East and 189-193 Mutual Street in accordance with the plans and drawings dated February 28, 2019, prepared by Giannone Petricone Associates, and on file with the Senior Manager, Heritage Preservation Services, the Heritage Impact Assessment prepared by ERA Architects Inc., dated December 23, 2016 and revised February 28, 2019, and in accordance with the Conservation Plan required in Part 1.a.2. below to the satisfaction of the Senior Manager, Heritage Preservation Services, including registration of such agreement to the satisfaction of the City Solicitor; 2. provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 280 and 288-290 Jarvis Street and 189-193 Mutual Street prepared by prepared by ERA Architects Inc., dated December 23, 2016 and revised February 28, 2019 to the satisfaction of the Senior Manager, Heritage Preservation Services; and 3. enter into and register on the property at 280-290 Jarvis Street, 102-110 Gerrard Street East and 189-193 Mutual Street one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Preservation Services with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed alterations; b. prior to final Site Plan approval for the proposed site specific Official Plan Amendment and Zoning By-law Amendment by City Council, for the property located at 280-290 Jarvis Street, 102-110 Gerrard Street East and 189-193 Mutual Street the owner shall: 1. provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Part 1.a.2. above to the satisfaction of the Senior Manager, Heritage Preservation Services; 2. have obtained final approval for the necessary Official Plan Amendment and Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect; 3. provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Preservation Services; 4. provide a detailed landscape plan for the subject properties, satisfactory to the Senior Manager, Heritage Preservation Services; 5. provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services; and 6. submit a Signage Plan for 280, and 288-290 Jarvis Street to the satisfaction of the Senior Manager, Heritage Preservation Services; c. prior to the issuance of any permit for all or any part of the properties at 280 and 288-290 Jarvis Street and 189-193 Mutual Street, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall: 1. have obtained final approval for the necessary site specific Official Plan Amendment and Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect; 2. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 1.a.2. above including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services; and 3. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Preservation Services to secure all work included in the approved Conservation Plan, Lighting Plan, and Heritage Interpretation Plan; and d. prior to the release of the Letter of Credit required in Part 1.c.3. above, the owner shall: 1. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and 2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services. 2. City Council state its intention to designate the properties at 280 and 288-290 Jarvis Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 280 and 288-290 Jarvis Street (Reasons for Designation) attached as Confidential Appendix C to the report (March 12, 2019) from the City Solicitor. 3. If there are no objections to the designations in accordance with Section 29(6) of the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act. 4. If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board. 5. If the designation is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of City Council's decision on the designation of the property. 6. City Council authorize the entering into of a heritage easement agreement under Section 37 of the Ontario Heritage Act with the owner of 280-290 Jarvis Street, 102-110 Gerrard Street East and 189-193 Mutual Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning. 7. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into a heritage easement agreement for the property at 280-290 Jarvis Street, 102-110 Gerrard Street East and 189-193 Mutual Street. Confidential Appendices A, B, C and D to the report (March 12, 2019) 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 (March 12, 2019) 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 (March 12, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in Confidential Attachment 1. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, and Confidential Appendices "A" through "D", if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.
MM5.11referred
Climate change costs Toronto. The City of Toronto will spend billions of dollars rebuilding the homes, businesses and municipal infrastructure damaged by ever-stronger floods, storms, heat waves and flash freezes. We will spend even more proactively to make our City more resilient in the face of those impacts. Most importantly, Torontonians will experience devastating loss and suffering - a cost that will be felt by all, but which will hit our most vulnerable populations hardest. Extreme weather is already causing massive damage to Toronto-area infrastructure, homes, services and businesses. According to the Insurance Bureau of Canada, the Greater Toronto Area has had six "100 Year Storms" since 2005. These storms are a direct result of climate change and the resulting flooding has come with escalating costs to both taxpayers and insurers. The Insurance Bureau of Canada estimates that for every dollar in insured damages to homes and businesses, governments must spend three dollars to repair infrastructure. Cities across North America are beginning to deal with the question of who should help pay for these climate change-related costs. Given recent research highlighting the role of oil companies' impact on climate change and their involvement in decades-long efforts to cast doubt on climate science, City Council should explore joining New York, San Francisco and other major metropolitan cities in taking major oil companies to court. Just like tobacco companies knew their products caused cancer, but hid that information from the public, major oil companies have known for decades that their products would cause climate change. As tobacco companies have been held accountable for the health care costs associated with smoking, big polluters should have to pay their fair share for building a climate-safe City.
City Council on March 27 and 28, 2019, referred Motion MM5.11 to the Infrastructure and Environment Committee.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Mike Colle, recommends that: 1. City Council request the City Manager, in consultation with the City Solicitor, the General Manager, Toronto Water, the General Manager, Transportation Services, the Chief Resiliency Officer, and any other City staff deemed appropriate, to report back to the Infrastructure and Environment Committee by the fourth quarter of 2019 on the long term cost implications of climate change to City of Toronto's infrastructure and programs, and any legal avenues to pursue compensation for these costs from major greenhouse gas emitters.
CC5.12amended
The Owners of the sites at 470-474 Wellington Street West (file no. 16 270154 STE 20 OZ) and 482-488 Wellington Street West (file no. 16 261191 STE 20 OZ) made separate applications in December, 2016 for a 15-storey building with approximately 318 square metres of retail space on the ground floor and 11,311 square metres of office space above at 470-474 Wellington Street West, and for a 16-storey building with 272 square metres of retail and service commercial uses on the ground floor and 18,226 square metres of office space above at 482-488 Wellington Street West. Both applications were appealed to the Local Planning Appeal Tribunal (LPAT) citing Council's failure to make a decision within the time allotted by the Planning Act. The matters were consolidated at a pre-hearing held on May 8, 2018. A hearing has been scheduled for May 13 to 23, 2019. Since the applications were filed and appealed, they have evolved considerably. The two previously proposed office buildings, submitted under separate applications, have now been consolidated into a single new office building on a combined site. The consolidated proposal has been further refined through ongoing discussions with staff. The revised, consolidated application that is the subject of this report proposes a 14-storey (60 metre, including mechanical penthouse) office building containing 21,328 square metres of office space, 1,008 square metres of retail uses, and one level of underground parking with 56 parking spaces (the Revised, Consolidated Proposal). The front 10.0 metres of the heritage buildings on the property at 482 and 488 Wellington Street West, which comprise the western portion of the consolidated site, are proposed to be retained and integrated into the proposed office building. The City Solicitor requires direction from City Council on the Revised, Consolidated Proposal for the upcoming hearing. City Planning has been involved in the preparation of this report.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 20, 2019) from the City Solicitor, as amended by motion 1 by Councillor Joe Cressy. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 20, 2019) from the City Solicitor, as amended by motion 1 by Councillor Joe Cressy. 3. City Council direct that the balance of Confidential Attachment 1 the report (March 20, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor as it contains advice that is subject to solicitor-client privilege. 4. In the event the Local Planning Appeal Tribunal approves the appeals, in whole or in part, City Council approve the alterations to the heritage properties at 482 and 488 Wellington Street West, in accordance with Section 33 of the Ontario Heritage Act, subject to the following conditions: a. prior to Final Site Plan approval in connection with the Zoning By-law Amendment appeal for the properties at 482 and 488 Wellington Street West, the owner shall: i. provide final site plan drawings including drawings related to the approved Conservation Plan to the satisfaction of the Senior Manager, Heritage Preservation Services; ii. have obtained final approval for the necessary Zoning By-law Amendment required for the subject properties, such Amendment to have come into full force and effect; iii. provide an Interpretation Plan for the subject properties to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services; iv. provide a Heritage Lighting Plan that describes how the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services, and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services; v. provide a detailed Landscape Plan for the subject property satisfactory to the Senior Manager, Heritage Preservation Services; and vi. submit a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Preservation Services; b. prior to the issuance of any permit for all or any part of the properties at 482 and 488 Wellington Street West, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall: i. have obtained final approval for the necessary Zoning By-law Amendment required for the subject properties, such Amendment to have come into full force and effect; ii. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan to the satisfaction of the Senior Manager, Heritage Preservation Services, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Preservation Services; iii. provide a Letter of Credit, including provision for upwards indexing in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Preservation Services to secure all work included in the approved Conservation Plan, Heritage Lighting Plan, Landscape Plan, and Interpretation Plan; and iv. provide full documentation of the existing heritage properties at 482 and 488 Wellington Street West, including two (2) printed sets of archival quality 8" x 10" colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a CD in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Preservation Services; and c. prior to the release of the Letter of Credit required in Part 4.b.iii. above, the owner shall: i. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work, required heritage lighting work, and the required interpretive work has been completed in accordance with the Conservation Plan, Lighting Plan, Landscape Plan, and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and ii. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services. 5. City Council state its intention to designate the property at 482 Wellington Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 482 Wellington Street West (Reasons for Designation) attached as Attachment 4 to the report (March 22, 2019) from the Senior Manager, Heritage Preservation Services. 6. City Council state its intention to designate the property at 488 Wellington Street West under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 488 Wellington Street West (Reasons for Designation) attached as Attachment 5 to the report (March 22, 2019) from the Senior Manager, Heritage Preservation Services. 7. If there are no objections to the designations in accordance with the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the Bill in Council designating the properties under Part IV, Section 29 of the Ontario Heritage Act. 8. If there are objections in accordance with the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board. 9. If the designations are referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of City Council's decision on the designation of the properties. 10. City Council authorize the entering into of a Heritage Easement Agreement(s) under Section 37 of the Ontario Heritage Act with the owner of 474 - 488 Wellington Street for the properties at 482 and 488 Wellington Street West in a form and with content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning. 11. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into Heritage Easement Agreement(s) for the properties at 482 and 488 Wellington Street West. The confidential instructions to staff in Confidential Attachment 1 to the report (March 20, 2019) from the City Solicitor, as amended by motion 1 by Councillor Joe Cressy, were adopted by City Council and are now public, as follows: 1. City Council direct City staff to continue negotiations with the applicants in advance of the hearing to achieve a reduction in the overall height of the revised proposal to a height of 45 metres, excluding mechanical; in the event the height is reduced to 45 metres in advance of the hearing, City Council direct the City Solicitor and appropriate City Staff to attend at the Local Planning Appeal Tribunal hearing on May 13, 2019 generally in support of the Revised, Consolidated Proposal, subject to the further reduction in height and the Parts set out below, provided that the Owner shall have obtained, in consultation with the Toronto Preservation Board, City Council approval for the required alterations to the heritage properties at 482 and 488 Wellington Street West pursuant to Section 33 of the Ontario Heritage Act. 2. In the event the current height of the proposal is not reduced in advance of the hearing, City Council direct the City Solicitor and outside consultants as required, to attend at the Local Planning Appeal Tribunal hearing on May 13, 2019 and oppose the applications on the basis that the current height is too tall for this location. 3. In the event that the Local Planning Appeal Tribunal allows the appeals in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Orders on the Zoning By-law Amendment appeals until such time as: a. the Local Planning Appeal Tribunal has been advised by the City Solicitor that the Zoning By-law Amendments have been finalized in a form mutually satisfactory to the City Solicitor, Chief Planner and Executive Director, City Planning and the Owner, and have been provided to the Local Planning Appeal Tribunal; b. the Owner has submitted a Functional Servicing Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; c. the Owner has entered into and registered a financially secured agreement for the design and construction of any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the Owner has provided access, parking and loading facilities to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services; e. Heritage Easement Agreement(s) with the City for the properties at 482 and 488 Wellington Street West are registered to the satisfaction of the Senior Manager, Heritage Preservation Services and the City Solicitor; f. the Owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant, to the satisfaction of the Senior Manager, Heritage Preservation Services; g. the Owner has submitted a copy of the relevant assessment report(s) to City Planning's Heritage Preservation Services Unit in both hard copy format and as a PDF file on compact disk; and h. the Owner has entered into a Section 37 Agreement securing the matters set out in Part 4 below. 4. Before the Local Planning Appeal Tribunal issues any Order approving a site-specific by-law for the lands, City Council require that the Owner shall enter into and register on the properties at 470-474 and 482-488 Wellington Street West one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Preservation Services with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendments; the community benefits recommended to be secured in the Section 37 Agreement are as follows: i. the Owner shall provide a financial contribution in the amount of $800,000.00 for above-base streetscape improvements on the north side of Wellington Street West between Spadina Avenue and Portland Street to the satisfaction of the Chief Planner and Executive Director, City Planning; ii. the Owner shall provide a financial contribution in the amount of $100,000.00 for the maintenance of or the provision of new affordable housing in Ward 10; iii. the Owner shall provide a financial contribution in the amount of $100,000.00 toward the Toronto Community Housing Corporation revolving capital fund for repairs to Toronto Community Housing Corporation housing in Ward 10; iv. the Owner shall provide a financial contribution in the amount of $200,000.00 toward the development of a streetscape design for the north side of Wellington Street West between Spadina Avenue and Portland Street; v. in the event the financial contributions referred to in Parts 4.i., ii., iii. and iv. above have not been used for the intended purpose within three (3) years of this By-law coming into full force and effect, the financial contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands; vi. the $1,200,000.00 financial contribution referred to in Parts 4.i., ii., iii. and iv. above is to be indexed upwardly in accordance with Statistics Canada's Construction Price Index for the Toronto Census Metropolitan Area, calculated from the date of the Local Planning Appeal Tribunal decision to the date of payment; all financial contributions will be payable prior to issuance of the first above-grade building permit; vii. the Owner shall covenant that not less than 21,000 square metres of the floor space at its site shall always remain zoned and constructed for office use, with such area of office space being attributed toward the required office replacement for the subject applications and for the related owner's development application proposed for 504 Wellington Street West; viii. the Owner agrees to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development; construction of such improvements shall be completed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, prior to issuance of the final building permit; ix. the Owner shall implement any wind mitigation measures required as identified by the applicant's wind study, satisfactory to the Chief Planner and Executive Director, City Planning, to be submitted as part of an application for Site Plan Approval; x. materials for the new building will be secured through Site Plan approval to the satisfaction of the Chief Planner and Executive Director, City Planning; xi. in the event the Owner connects to the Enwave District Heating and Cooling System, or another similar energy system, the height of the mechanical penthouse will be reduced, with the objective of eliminating any visual impact from the mechanical penthouse, to the satisfaction of the Chief Planner and Executive Director, City Planning; xii. prior to Site Plan Approval, the Owner will submit a construction management plan for the development at 470-488 Wellington Street West, to address such matters as wind, noise, dust, street closures, parking and laneway uses, and access, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, and agree to implement the plan; and xiii. securing the preparation and thereafter the implementation of a Heritage Lighting Plan, a Signage Plan, an Interpretation Plan and requiring a letter of credit to secure all work included in the approved Conservation Plan required pursuant to Part 3 f. above and approved Interpretation Plan, including provision for upwards indexing, all to the satisfaction of the Senior Manager, Heritage Preservation Services. 5. City Council require that the Owner shall withdraw its appeal(s) of the King-Spadina Heritage Conservation District Plan and Official Plan Amendment 352, with respect to 470-488 Wellington Street West upon the Local Planning Appeal Tribunal Order allowing the appeal of the Zoning By-law Amendments in part, bringing such By-laws into force. 6. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 the report (March 20, 2019) 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 the report (March 20, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.
MM5.12adopted
Westbank Projects Corp. is currently redeveloping a number of properties located in the south-west quadrant of Bloor Street West and Bathurst Street. These lands are commonly known as the site of Honest Ed's and Mirvish Village. Construction of the development is entering the second phase. Toronto and East York Community Council, at its meeting on October 17, 2017 approved the full closure of Markham Street, between Bloor Street West and Lennox and Street, from October 24, 2017 to October 31, 2019, to facilitate construction of the development (Phase 1 and 3). The development has completed excavation and shoring activities and requires a construction staging area within the road allowance on the west side of Bathurst Street. In order to enable Phase 2 of construction, a closure of the west sidewalk and a 3.5 metre wide portion of the southbound curb lane on Bathurst Street, between Bloor Street West and a point 72.5 metres south and between a point 85.5 metres south of Bloor Street West and Lennox Street is required for a period of 17 months (April 3, 2019 to August 31, 2020). Pedestrians will be directed to a protected 1.7 metre covered walkway within the closed portion of the southbound lane. With the proposed closure in place, Bathurst Street, in the immediate vicinity of the site, will operate as one southbound and two northbound lanes. Pedestrian operations on the east side of Bathurst Street will remain unchanged. In order to facilitate loading operations at 758 Bathurst Street, a designated commercial loading zone will be established on the west side of Bathurst Street, between a point 72.5 metres south of Bloor Street West and a point 13 metres further south. To enhance traffic flow around the construction staging area, stopping will be prohibited at all times on the west side of Bathurst Street, between Bloor Street West and a point 72.5 metres south; and between a point 85.5 metres south of Bloor Street West and Lennox Street The southbound near-side Toronto Transit Commission streetcar stop on Bathurst Street at Lennox Street will be relocated to accommodate the subject construction staging area.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council authorize the closure of the west sidewalk and a 3.5 metre wide portion of the southbound curb lane on Bathurst Street, between Bloor Street West and a point 72.5 metres south, and between a point 85.5 metres south of Bloor Street West and Lennox Street; and the provision of a temporary pedestrian walkway within the closed portions of the southbound curb lane, from April 3, 2019 to August 31, 2020. 2. City Council rescind the existing taxicab stand in effect at all times except from 7:00 a.m. to 7:00 p.m., Monday to Friday, on the west side of Bathurst Street, immediately south of Bloor Street West. 3. City Council rescind the existing parking prohibition in effect during the annual Canadian National Exhibition, on the west side of Bathurst Street, between Lennox Street and Bloor Street West. 4. City Council rescind the existing stopping prohibition in effect from 7:00 a.m. to 7:00 p.m. Monday to Friday, except public holidays, on the west side of Bathurst Street, between Lennox Street and Bloor Street West. 5. City Council designate a commercial loading zone to be in effect at all times on the west side of Bathurst Street, between a point 72.5 metres south of Bloor Street West and a point 13 metres further south. 6. City Council prohibit stopping at all times on the west side of Bathurst Street, between Bloor Street West and a point 72.5 metres south, and between a point 85.5 metres south of Bloor Street West and Lennox Street. 7. City Council direct the Applicant to post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site. 8. City Council direct the Applicant to provide and install public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor. 9. City Council direct that Bathurst Street be returned to its pre-construction traffic and parking regulations and lane configurations when the project is completed.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Gord Perks, recommends that: 1. City Council authorize the closure of the west sidewalk and a 3.5 metre wide portion of the southbound curb lane on Bathurst Street, between Bloor Street West and a point 72.5 metres south, and between a point 85.5 metres south of Bloor Street West and Lennox Street; and the provision of a temporary pedestrian walkway within the closed portions of the southbound curb lane, from April 3, 2019 to August 31, 2020. 2. City Council rescind the existing taxicab stand in effect at all times except from 7:00 a.m. to 7:00 p.m., Monday to Friday, on the west side of Bathurst Street, immediately south of Bloor Street West. 3. City Council rescind the existing parking prohibition in effect during the annual Canadian National Exhibition, on the west side of Bathurst Street, between Lennox Street and Bloor Street West. 4. City Council rescind the existing stopping prohibition in effect from 7:00 a.m. to 7:00 p.m. Monday to Friday, except public holidays, on the west side of Bathurst Street, between Lennox Street and Bloor Street West. 5. City Council designate a commercial loading zone to be in effect at all times on the west side of Bathurst Street, between a point 72.5 metres south of Bloor Street West and a point 13 metres further south. 6. City Council prohibit stopping at all times on the west side of Bathurst Street, between Bloor Street West and a point 72.5 metres south, and between a point 85.5 metres south of Bloor Street West and Lennox Street. 7. City Council direct the Applicant to post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site. 8. City Council direct the Applicant to provide and install public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor. 9. City Council direct that Bathurst Street be returned to its pre-construction traffic and parking regulations and lane configurations when the project is completed.
CC5.13adopted
3450 Dufferin Yorkdale Holdings Inc. ("3450 Dufferin") is the owner of lands municipally known as 3450 Dufferin Street (the "Subject Site"). The Subject Site is located on the west side of Dufferin Street, immediately south of Highway 401 and Bridgeland Avenue. On September 1, 2016, 3450 Dufferin submitted a Zoning By-law Amendment, Official Plan Amendment and Draft Plan of Subdivision applications to the City, proposing to develop three buildings of 37 storeys, 33 storeys and 29 storeys (the "Application"). The Application proposed a gross floor area of approximately 84,466 square metres and a Floor Space Index (FSI) of 4.1 times the area of the lot. The Application proposed 1,044 residential units, a 244-room hotel and a public park. The Application also proposed a new public street connecting to Bridgeland Avenue and a new publicly accessible private street. At its meeting on December 9 and 10, 2015, City Council adopted the Dufferin Street Secondary Plan ("OPA 294"), a Secondary Plan that provides a planning framework for the potential redevelopment of the Dufferin Street Secondary Plan Area (all parcels fronting on Dufferin Street between Bridgeland Avenue to just south of Lawrence Avenue West), including policies on land use, built form, the public realm, mobility, infrastructure and community services and facilities. Council directed staff to use OPA 294 in the evaluation of all current and new development proposals falling within its boundaries. Council also adopted the Dufferin Street Urban Design Guidelines and endorsed the Dufferin Street Transportation Master Plan and Infrastructure and Stormwater Master Plan as technical resources for City staff to support the implementation of the Secondary Plan. Council directed staff to use the Dufferin Street Urban Design Guidelines, including the Dufferin Street Transportation Master Plan and the Infrastructure and Stormwater Master Plan in the evaluation of all new and current development proposals and public initiatives. On December 23, 2015, 3450 Dufferin appealed OPA 294 in its entirety to the Ontario Municipal Board (the "OMB"), now known as the Local Planning Appeal Tribunal (the "LPAT"). 3450 Dufferin appealed its Zoning By-law Amendment, Official Plan Amendment and Draft Plan of Subdivision applications to the OMB on January 6, 2017, March 7, 2017 and June 6, 2017, respectively, due to Council's failure to render decisions within the prescribed timeframes in the Planning Act (the "ZBA, OPA and Draft Plan Appeals"). At its meeting on April 26, 27 and 28, 2017, City Council considered a Request for Directions report from the City Planning Division in respect of the Application. The Request for Directions report recommended that City Council direct the City Solicitor and City staff to oppose the Application at the OMB. The report also recommended that City staff continue discussions with 3450 Dufferin to revise their proposal to address outstanding issues. 3450 Dufferin's appeal of OPA 294 has been consolidated with its ZBA, OPA and Draft Plan Appeals for the purpose of the LPAT proceedings. Without prejudice discussions with the applicant have taken place, including LPAT-led mediation sessions. The purpose of this report is to request further instructions. City Planning has been involved in the preparation of this report.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in the Confidential Attachment 1 to the report (March 21, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, Confidential Attachment 2 and Confidential Appendices A and B to the report (March 21, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 21, 2019) 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 the Confidential Attachment 1 to the report (March 21, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer dated March 19, 2019 in Confidential Attachment 2 to the report (March 21, 2019) from the City Solicitor, City Council having also accepted the Settlement Offer dated March 21, 2019 related to 3400 Dufferin Street, which is described and analyzed in the companion report related to that property, Item CC5.14. 2. City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to modify and partially approve the Dufferin Street Secondary Plan, substantially in accordance with the revised draft amendment to the Dufferin Street Secondary Plan, attached as Confidential Appendix A to the report (March 21, 2019) from the City Solicitor. 3. City Council authorize the City Solicitor, in consultation with the Director, Community Planning, North York District, to request that the Local Planning Appeal Tribunal make such changes to the draft amendment to the Dufferin Street Secondary Plan contained within Confidential Appendix A, as may be required to implement the Settlement Offer described in Confidential Attachment 2 and illustrated in Confidential Appendix B to the report (March 21, 2019) from the City Solicitor. 4. City Council authorize and direct the City Solicitor to take the necessary action to give effect to City Council's decision. Confidential Attachment 2 and Confidential Appendices A and B to the report (March 21, 2019) 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 (March 21, 2019) 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 (March 21, 2019) 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 Confidential Attachment 1, and authorize the public release of Confidential Attachment 2, Confidential Appendix A and Confidential Appendix B to this report, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM5.13adopted
In 2017, City Council negotiated funds for Kensington Community School for a Toronto District School Board supported school grounds improvement project. The school is planning to renovate the north-west corner of their front yard, at College Street and Lippincott Street - a well-used outdoor community space which has fallen into disrepair over many years. The school has conducted site surveys and community consultations, and created formal plans to revive this space and turn it into a family-friendly community plaza. The funds will be supplemented by funding from the Toronto District School Board. The City of Toronto secured funds under Section 37 of the Planning Act with the owners of the development at 231-237 College Street and 177-189 Huron Street, authorized by site-specific Zoning By-law 806-2015. The By-law and the associated Section 37 Agreement provides that certain funds shall be used specifically a variety of community benefits including for streetscape improvements. Both instruments also provide that in the event that some or all of the cash contributions have not been used for the intended purpose within three (3) years of the By-law coming into full force and effect, the unused cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director of City Planning, in consultation with the local Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands. Three years have passed since the By-law came into full force and effect. Accordingly, this Motion proposes to redirect $125,000 from the unused cash contribution for streetscape improvements to the Toronto District School Board towards the cost of the outdoor community space. The Section 37 Implementation Guidelines (section 5.7) approved by Council in 2007 states: Cash contributions toward the capital improvement of school board playgrounds are eligible Section 37 community benefits where the playground serves as a local park, where the public will continue to have reasonable access for the foreseeable future, and where there is no local City-owned parkland performing a similar function in the same community that could otherwise benefit from the cash contribution. A Community Access Agreement to be signed by the Toronto District School Board will contain provisions governing the purpose of the funds, the financial reporting requirements, and access to the school grounds at the school. The Community Access Agreement will be executed between the City and the Toronto District School Board, drawn up in consultation with the local Councillor.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council increase the Approved 2019 Operating Budget for Non-Program by $125,000.00 gross, $0 net, (Cost Centre: NP2161) fully funded by Section 37 funds obtained in the development 231-237 College Street and 177-189 Huron Street (Source Account: XR3026-3700836), for the purpose of providing one-time capital funding to the Toronto District School Board for school ground improvements at Kensington Community School located at 401 College Street. 2. City Council request City staff from the Management Services Branch of Parks, Forestry and Recreation to participate in the preparation of the Community Access Agreement and request the City Solicitor to draw up the Agreement, in consultation with the Ward Councillor and Community Planning staff. 3. City Council authorize the execution of a Community Access Agreement with the Toronto District School Board for the school ground improvements at Kensington Community School, to the satisfaction of the City Solicitor. 4. City Council direct that the funds be forwarded to the Toronto District School Board once the Toronto District School Board has signed a Community Access Agreement with the City, governing the purpose of the funds, the financial reporting requirements, and addressing community access to the school ground facilities satisfactory to the City Solicitor, and prepared in consultation with the General Manager, Parks, Forestry and Recreation and the Ward Councillor.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Joe Cressy, recommends that: 1. City Council increase the Approved 2019 Operating Budget for Non-Program by $125,000.00 gross, $0 net, (Cost Centre: NP2161) fully funded by Section 37 funds obtained in the development 231-237 College Street and 177-189 Huron Street (Source Account: XR3026-3700836), for the purpose of providing one-time capital funding to the Toronto District School Board for school ground improvements at Kensington Community School located at 401 College Street. 2. City Council request City staff from the Management Services Branch of Parks, Forestry and Recreation to participate in the preparation of the Community Access Agreement and request the City Solicitor to draw up the Agreement, in consultation with the Ward Councillor and Community Planning staff. 3. City Council authorize the execution of a Community Access Agreement with the Toronto District School Board for the school ground improvements at Kensington Community School, to the satisfaction of the City Solicitor. 4. City Council direct that the funds be forwarded to the Toronto District School Board once the Toronto District School Board has signed a Community Access Agreement with the City, governing the purpose of the funds, the financial reporting requirements, and addressing community access to the school ground facilities satisfactory to the City Solicitor, and prepared in consultation with the General Manager, Parks, Forestry and Recreation and the Ward Councillor.
CC5.14adopted
Dufferin 401 Properties Limited (the "Appellant") is the owner of lands municipally known as 3400 Dufferin Street (the "Subject Site"). The Subject Site is located mid-block between Bridgeland Avenue and Jane Osler Boulevard, fronting onto Dufferin Street. At its meeting on December 9 and 10, 2015, City Council adopted the Dufferin Street Secondary Plan ("OPA 294"), a Secondary Plan that provides a planning framework for the potential redevelopment of the Dufferin Street Secondary Plan Area (all parcels fronting on Dufferin Street between Bridgeland Avenue to just south of Lawrence Avenue West), including policies on land use, built form, the public realm, mobility, infrastructure and community services and facilities. Council directed staff to use OPA 294 in the evaluation of all current and new development proposals falling within its boundaries. Council also adopted the Dufferin Street Urban Design Guidelines and endorsed the Dufferin Street Transportation Master Plan and Infrastructure and Stormwater Master Plan as technical resources for City staff to support the implementation of the Secondary Plan. Council directed staff to use the Dufferin Street Urban Design Guidelines, including the Dufferin Street Transportation Master Plan and the Infrastructure and Stormwater Master Plan in the evaluation of all new and current development proposals and public initiatives. On January 11, 2016, the Appellant appealed OPA 294 in its entirety to the Ontario Municipal Board (the "OMB"), now known as the Local Planning Appeal Tribunal (the "LPAT"). Without prejudice discussions with the applicant have taken place, and Tribunal-led mediation was held on in October and November 2017, and January 2018. The purpose of this report is to request further instructions. City Planning has been involved in the preparation of this report.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in the Confidential Attachment 1 to the report (March 21, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in the Confidential Attachment 1, Confidential Attachment 2 and Confidential Appendix A to Confidential Attachment 2 to the report (March 21, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 21, 2019) 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 the Confidential Attachment 1 to the report (March 21, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer dated March 21, 2019 in Confidential Attachment 2 to the report (March 21, 2019) from the City Solicitor, City Council having also accepted the Settlement Offer dated March 19, 2019 related to 3450 Dufferin Street, which is described and analyzed in the companion report related to that property, Item CC5.13. 2. City Council authorize the City Solicitor to request that the Local Planning Appeal Tribunal modify and partially approve the Dufferin Street Secondary Plan, substantially in accordance with Appendix A to Confidential Attachment 2 to the report (March 21, 2019) from the City Solicitor. 3. City Council authorize the City Solicitor, in consultation with the Director, Community Planning, North York District, to request that the Local Planning Appeal Tribunal make such changes to the draft amendment to the Dufferin Street Secondary Plan contained within Confidential Attachment 2, Appendix A, as may be required to implement the Settlement Offer described in Confidential Attachment 2 to the report (March 21, 2019) from the City Solicitor. 4. City Council authorize and direct the City Solicitor to take the necessary action to give effect to City Council's decision. Confidential Attachment 2 and Confidential Appendix A to Confidential Attachment 2 to the report (March 21, 2019) 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 (March 21, 2019) from the City Solicitor remains confidential at this time in accordance with the provision 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 (March 21, 2019) 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, Confidential Attachment 2 and Confidential Appendix A to Confidential Attachment 2, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM5.14adopted
The Toronto Community Housing Corporation is the second largest housing corporation in North America with roughly 110,000 residents living across 2,100 buildings. These residents deserve better. The tenants in Toronto Community Housing constantly express concern with the poor living conditions in their units and buildings. The elderly and vulnerable have historically not been provided the supports they require and deserve, wait years for much needed repairs to units and are often forced to withstand violence in their communities. We have also seen a constant change in leadership that has led not only to instability in the Corporation itself, but also in the lives of the tenants and staff of the Toronto Community Housing Corporation. Since 2002, the Toronto Community Housing Corporation has had a total of four Chief Executive Officers and two Acting Chief Executive Officers. In the last decade, three were dismissed, including most recently, in February of this year. In July 2017, City Council directed the City Manager, in consultation with the Toronto Community Housing Corporation, to review the governance structure of the Toronto Community Housing Corporation and prepare an amended Shareholder Direction and other program and accountability instruments as required, that included: a. a revised tenant-focused service delivery model providing housing to families, individuals, youth and vulnerable tenants including seniors; b. improved integration and accountability with the City of Toronto as Service Manager and Shareholder; and c. a strengthened system of tenant engagement, including tenant representation on the Board of Directors of the Toronto Community Housing Corporation. This Motion would expand on the above direction to the City Manager and include a review of all options to improve services to Toronto Community Housing Corporation tenants. It will look at the full spectrum of changes to Toronto Community Housing Corporation, including dissolving the corporation and integrating it into the City, either within an existing division or as its own division, creating an agency or commission. We need to create better housing, through improved accountability, transparency, living conditions, safety and satisfaction for tenants and staff. The status quo isn't working. We need to do things drastically differently and that is why we must consider all options to improve the living situation for our tenants. As Toronto City Councillors, we have an obligation to stand by the tenants of the Toronto Community Housing Corporation, and all residents of Toronto in matters that affect them - including housing.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council direct the City Manager to incorporate into the upcoming report on Toronto Community Housing Corporation governance and mandate (planned for later this year) a review of the full spectrum of options to improve the services for tenants of the Toronto Community Housing Corporation: including dissolving the Corporation and integrating it into the City, creating an agency or commission; the review is to include a jurisdictional scan of other housing providers in comparable municipalities, legislative and financial implications, accountability and transparency, coordination with City divisions and agencies, as well as advantages and disadvantages for all options.
Staff recommendation as filed
Councillor Michael Ford, seconded by Councillor Paula Fletcher, recommends that: 1. City Council direct the City Manager to incorporate into the upcoming report on Toronto Community Housing Corporation governance and mandate (planned for later this year) a review of the full spectrum of options to improve the services for tenants of the Toronto Community Housing Corporation: including dissolving the Corporation and integrating it into the City, creating an agency or commission; the review is to include a jurisdictional scan of other housing providers in comparable municipalities, legislative and financial implications, accountability and transparency, coordination with City divisions and agencies, as well as advantages and disadvantages for all options.
MM5.15adopted
On February 7, 2019, the North York Panel of the Committee of Adjustment refused a minor variance application in respect of the property municipally known as 14 Brookfield Road. This application is filed as Application A0841/18NY. The applicant sought relief from the City of North York Zoning By-law 7625 to permit the construction of a new three-storey dwelling on 14 Brookfield Road. The applicant proposed to demolish the existing house and build a new detached house that required variances for building height, setback distance, the number of storeys, permitted balcony area, and building length. City Planning staff submitted a report dated January 23, 2019 to the Committee of Adjustment recommending refusal of the variances as the proposal was not in keeping with the existing physical character of the neighbourhood. Urban Forestry staff requested that the Committee of Adjustment deny the application due to impacts to by-law protected trees as set out in a staff memorandum dated January 29, 2019. Copies of the Notice of Decision of the Committee of Adjustment, the Planning Staff Report and the Urban Forestry Staff memorandum are attached. The applicant appealed the Committee of Adjustment's refusal of the application to the Toronto Local Appeal Body on February 25, 2019. A hearing is scheduled for July 8, 2019. The deadline for the City to submit a Notice of Intention to be a Party for the appeal is April 1, 2019.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council direct and authorize the City Solicitor and appropriate staff to support the Committee of Adjustment's decision to refuse the minor variances requested for 14 Brookfield Road in Application A0841/18NY and to oppose the applicant's appeal of the Committee of Adjustment's decision at the Toronto Local Appeal Body. 2. City Council authorize the City Solicitor to retain outside consultants, as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
Staff recommendation as filed
Councillor Jaye Robinson, seconded by Councillor Gary Crawford, recommends that: 1. City Council direct and authorize the City Solicitor and appropriate staff to support the Committee of Adjustment's decision to refuse the minor variances requested for 14 Brookfield Road in Application A0841/18NY and to oppose the applicant's appeal of the Committee of Adjustment's decision at the Toronto Local Appeal Body. 2. City Council authorize the City Solicitor to retain outside consultants as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
MM5.16adopted
The building located at 28-30 Langley Avenue has a rich history in the Riverdale neighbourhood. The building started as the nurses' residence to the Cholera Hospital which predated the Riverdale Hospital. The house has a very grand look from the outside, with stained glass and beautiful masonry work. It was also a boarding house for girls and women - a safe place for young women to live who came to the City to work. It is currently used as a licenced rooming house. A request to evaluate the property was made previously at the July 4, 2018, meeting of the Toronto and East York Community Council. http://www.toronto.ca/legdocs/mmis/2018/te/bgrd/backgroundfile-117663.pdf This matter has become urgent as the property owner has served eviction notices on the current tenants and these notices indicate that the property will be demolished. The property is not currently on the City's Heritage Register and, as such, is not subject to any heritage review or permit. Designation will ensure that any values and attributes that are determined by the heritage evaluation process will be monitored and protected.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council request the Senior Manager, Heritage Preservation Services to evaluate the property at 28-30 Langley Avenue for inclusion on the City's Heritage Register and for designation under Part IV of the Ontario Heritage Act and direct the Senior Manager, Heritage Preservation Services to report back to the April 24, 2019 meeting of the Toronto and East York Community Council, the April 30, 2019 meeting of the Toronto Preservation Board and the May 14, 2019 meeting of City Council.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Ana Bailão, recommends that: 1. City Council request the Senior Manager, Heritage Preservation Services to evaluate the property at 28-30 Langley Avenue for inclusion on the City's Heritage Register and for designation under Part IV of the Ontario Heritage Act and direct the Senior Manager, Heritage Preservation Services to report back to the April 24, 2019 meeting of the Toronto and East York Community Council, the April 30, 2019 meeting of the Toronto Preservation Board and the May 14, 2019 meeting of City Council.
MM5.17adopted
Street festivals help to create a healthy and vibrant aspect of summer life in Toronto, bringing together neighbours, people from across the City and visitors onto our main streets to celebrate what makes our City a great place to live, work and play. A number of Business Improvement Areas have expressed concerns with respect to the rising costs of providing paid duty officers at street festivals, putting into question the viability of some of these summer events. The paid duty requirements for each street festival depend on the nature of the event and are usually at the discretion of Toronto Police. This Motion seeks to request the City Manager to meet with the Chief of Police to discuss the challenges faced by Business Improvement Areas in organizing street festivals and to seek possible solutions and strategies to reduce the burden of policing costs while still ensuring public safety.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council direct the City Manager to meet with the Chief of Police to discuss policing costs and protocols for street festivals and to report to City Council in the second quarter of 2019 on possible solutions and strategies to reduce policing costs for street festivals while ensuring public safety.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Paula Fletcher, recommends that: 1. City Council direct the City Manager to meet with the Chief of Police to discuss policing costs and protocols for street festivals and to report to City Council in the second quarter of 2019 on possible solutions and strategies to reduce policing costs for street festivals while ensuring public safety.
MM5.18adopted
In 2018, City Council adopted measures to encourage the creation of secondary dwelling units, including laneway suites, through amendments to the City's Official Plan, Zoning By-laws, and Development Charge By-law. These changes are intended to increase both the supply and variety of rental housing within the City. On April 24, 25, 26 and 27, 2018, through consideration of Item EX33.3, a new Development Charges By-Law, City Council approved a new program to defer development charges for Secondary Dwelling Units located in the rear yard of the lot of a single-detached or semi-detached dwelling unit, and as long as the second unit is not severed/conveyed, amongst other criteria. This deferral program provides financial support by delaying or waiving the charges normally payable on new construction with the intent of encouraging rental intensification in neighborhoods. On June 26, 27, 28 and 29, 2018 City Council adopted Item TE33.3, Changing Lanes - The City of Toronto's Review of Laneway Suites. This Item established a planning framework to permit laneway suites in an ancillary building abutting a lane on lands within the then boundary of the Toronto and East York District. In accordance with the Laneway Suites By-law 810-2018, a laneway suite may be constructed behind any low-rise residential building permitted in a residential zone, including single detached buildings, semi-detached buildings, row houses, triplexes and others, subject to certain criteria. The Development Charges Deferral program, however, only defers changes for laneway suites constructed in the rear yard of single-detached or semi-detached dwelling units. The intent of this Motion is to align the Development Charges Deferral Program for Ancillary Secondary Dwelling Units with the permission for laneway suites as per By-law 810-2018. Council's adoption of this Motion would provide for the deferral of development charges for laneway suites constructed behind any type of dwelling permitted by by-law 810-2018 immediately.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council authorize the deferral of development charges for a Laneway Suite permitted under the Laneway Suites By-law 810-2018 adopted by City Council on June 26, 27, 28 and 29, 2018, in accordance with all other requirements set out in Attachment 2, General Terms of the Secondary Dwelling Unit Development Charge Deferral Program, to the supplementary report (April 24, 2018) headed "2018 Development Charges By-law Review - Treatment of Secondary Dwelling Units" from the Interim Chief Financial Officer, in Item 2018.EX33.3, with the exception of the restriction to detached or semi-detached primary dwellings.
Staff recommendation as filed
Councillor Ana Bailão, seconded by Councillor Brad Bradford, recommends that: 1. City Council authorize the deferral of development charges for a Laneway Suite permitted under the Laneway Suites By-law 810-2018 adopted by City Council on June 26, 27, 28 and 29, 2018, in accordance with all other requirements set out in Attachment 2, General Terms of the Secondary Dwelling Unit Development Charge Deferral Program, to the supplementary report (April 24, 2018) headed "2018 Development Charges By-law Review - Treatment of Secondary Dwelling Units" from the Interim Chief Financial Officer, in Item 2018.EX33.3, with the exception of the restriction to detached or semi-detached primary dwellings.
MM5.19adopted
On July 23, 2018 City Council approved Item EX36.38, Potential Rooming House Property Acquisition and Modernization in Ward 14 Parkdale-High Park authorizing the Director, Affordable Housing to issue an open and transparent competitive proposal call to select an experienced non-profit affordable rental housing providers to acquire, renovate and operate an available rooming house property in Ward 14, Parkdale-High Park. City Council also approved an increase in the 2018 Operating Budget for Shelter, Support and Housing Administration by $1,500,000 gross, $0 net, for transfer to the Capital Revolving Reserve Fund for Affordable Housing (XR1058), to be payable to the selected non-profit, fully funded by Section 37 (Planning Act Reserve Fund) community benefits for this purpose. The proposal call process has now been completed and a non-profit proponent was selected. However, in order to finalize the transaction, updates to the funding sources for the approved $1,500,000 are required. There will be no change to the total amount of $1,500,000 being transferred to the Capital Revolving Reserve Fund for Affordable Housing (XR1058). The previously approved funding is unchanged and the updated developments are eligible for by Section 37 (Planning Act Reserve Fund) for these purposes. This matter is time sensitive and relates to the financial and legal matters related to a property acquisition, and as such must be addressed at the next Council meeting.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council replace the Section 37 funding sources totalling $1,500,000 approved in Item 2018.EX36.38 for the Rooming House Property Acquisition and Modernization in Ward 4 Parkdale-High Park (formerly Ward 14) for transfer to the Capital Revolving Reserve Fund for Affordable Housing (XR1058), and increase the 2019 Approved Operating Budget for Shelter, Support and Housing Administration by $1,500,000 gross, $0 net, fully funded by community benefits received from the developments at: 24-66 Howard Park ($258,382.98); 1110 King Street West ($140,875.01); 1110 King Street West ($719,799.33); 383 Sorauren Avenue ($115,682.04); and 51-57 Quebec Avenue ($265,260.64); with the Source Account numbers XR3026-3700589; XR3026-3700637; XR3026-3700639; XR3026-3700632; and XR3026-3700854, respectively.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Ana Bailão, recommends that: 1. City Council replace the Section 37 funding sources totalling $1,500,000 approved in Item EX36.38 for the Rooming House Property Acquisition and Modernization in Ward 4 Parkdale-High Park (formerly Ward 14) for transfer to the Capital Revolving Reserve Fund for Affordable Housing (XR1058), and increase the 2019 Approved Operating Budget for Shelter, Support and Housing Administration by $1,500,000 gross, $0 net, fully funded by community benefits received from the developments at: 24-66 Howard Park ($258,382.98); 1110 King Street West ($140,875.01); 1110 King Street West ($719,799.33); 383 Sorauren Avenue ($115,682.04); and 51-57 Quebec Avenue ($265,260.64); with the Source Account numbers XR3026-3700589; XR3026-3700637; XR3026-3700639; XR3026-3700632; and XR3026-3700854, respectively.
MM5.20adopted
The Oakwood Vaughan neighbourhood continues to be an under-served and under-resourced neighbourhood. There is a lack of City programs and community spaces to address the needs of the community. Vaughan Road Academy, located at 529 Vaughan Road, is a public high school under the jurisdiction of the Toronto District School Board. While no longer an operating school, the Toronto District School Board voted in February 2017 to retain the building as a core holding, and put it to use for purposes still to-be-negotiated. Currently, the school is being used as an overflow school to accommodate students from schools in other parts of the City that are under construction. A community based resident organization, Oakwood Vaughan Neighbourhood Action Partnership, has been engaged in discussions to convert the Vaughan Road Academy property into a community hub where, while still under ownership of the Toronto District School Board, the building would house a number of diverse programs and community services accessible to the public. Parks, Forestry and Recreation offers swimming lessons and basketball programs at Vaughan Road Academy and the Learning Enrichment Foundation operates a child care centre on the site. A community hub at Vaughan Road Academy would help address the need for programming and space in this community and would align with the City's Oakwood Vaughan Strategic Plan. The Plan, adopted by the Community Development and Recreation Committee in May 2015, addresses neighbourhood issues of high unemployment, petty crime and lack of economic development. http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2015.CD3.11
City Council on March 27 and 28, 2019, adopted the following: 1. City Council authorize the Executive Director, Social Development, Finance and Administration to work with appropriate City Divisions and Agencies, Toronto District School Board representatives, Oakwood Vaughan Neighbourhood Action Partnership, other appropriate community groups and the Ward Councillor to identify opportunities for creating a vibrant and sustainable community hub at the Vaughan Road Academy that would meet the needs of the local community, and to report back to City Council in the third quarter of 2019.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Layton, recommends that: 1. City Council authorize the Executive Director, Social Development, Finance and Administration to work with appropriate City Divisions and Agencies, Toronto District School Board representatives, Oakwood Vaughan Neighbourhood Action Partnership, other appropriate community groups and the Ward Councillor to identify opportunities for creating a vibrant and sustainable community hub at the Vaughan Road Academy that would meet the needs of the local community, and to report back to City Council in the third quarter of 2019.
MM5.21adopted
The purpose of the attached report is to seek City Council's approval to enter into an agreement with the Toronto Community Housing Corporation to undertake streetscape improvements along St. James Avenue on the City's behalf. This work is to be part of a larger construction project associated with the Toronto Community Housing Corporation's repair of the underground parking garage located directly under St. James Avenue. The St. James Town Connects Framework-St. James Town Public Realm and Open Space Plan report established key directions to improve St. James Town's public realm and open space.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council authorize the Deputy City Manager, Infrastructure and Development Services, or designate, to negotiate, approve and execute the Landscape Contribution Agreement, Part 2 with Toronto Community Housing Corporation, including any necessary amendments, on terms and conditions satisfactory to the Deputy City Manager, Infrastructure and Development and the Chief Planner and Executive Director, City Planning and in a form satisfactory to the City Solicitor. 2. City Council authorize the Deputy City Manager, Infrastructure and Development Services, or designate, to negotiate, approve and execute the Landscape Design Services Funding Agreement with Toronto Community Housing Corporation and The Planning Partnership, including any necessary amendments, on terms and conditions satisfactory to the Deputy City Manager, Infrastructure and Development and the Chief Planner and Executive Director, City Planning and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Mike Layton, recommends that: 1. City Council adopt the following recommendations in the report (March 18, 2019) from the Chief Planner and Executive Director, City Planning: 1. City Council authorize the Deputy City Manager, Infrastructure and Development Services, or designate, to negotiate, approve and execute the Landscape Contribution Agreement, Part 2 with Toronto Community Housing Corporation, including any necessary amendments, on terms and conditions satisfactory to the Deputy City Manager Infrastructure and Development and the Chief Planner and Executive Director, City Planning and in a form satisfactory to the City Solicitor. 2. City Council authorize the Deputy City Manager, Infrastructure and Development Services, or designate, to negotiate, approve and execute the Landscape Design Services Funding Agreement with Toronto Community Housing Corporation and The Planning Partnership, including any necessary amendments, on terms and conditions satisfactory to the Deputy City Manager, Infrastructure and Development and the Chief Planner and Executive Director, City Planning and in a form satisfactory to the City Solicitor.
MM5.22adopted
The applicant applied to the Committee of Adjustment (Application A0713/18NY) to legalize and maintain a gazebo at the rear of the property at 88 Nipigon Avenue. The Application requests variances with respect to lot coverage, lot coverage for ancillary buildings or structures, and side yard setback for the gazebo at the east, west, and rear lot lines. At its hearing on February 7, 2019, the Committee of Adjustment refused the Application (the Decision). The Notice of Decision is attached. The applicant has appealed the Decision to the Toronto Local Appeal Body. This Motion will authorize the City Solicitor, and appropriate City Staff, to attend the Toronto Local Appeal Body in order to oppose the proposed consent and minor variances requested in the Application. This Motion will also give the City Solicitor authority to negotiate a settlement of the appeal and retain outside consultants as necessary. This matter is time sensitive and urgent as a hearing for this matter has been scheduled for July 15, 2019 and the City Solicitor requires instructions to attend the hearing in opposition of the proposal.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council authorize and direct the City Solicitor, and any other appropriate City staff to attend the Toronto Local Appeal Body hearing for 88 Nipigon Avenue to uphold the Committee of Adjustment's refusal of the minor variances requested through Application A0713/18NY. 2. City Council authorize the City Solicitor to retain outside consultants, as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
Staff recommendation as filed
Councillor John Filion, seconded by Councillor Mike Colle, recommends that: 1. City Council authorize and direct the City Solicitor, and any other appropriate City staff to attend the Toronto Local Appeal Body hearing for 88 Nipigon Avenue to uphold the Committee of Adjustment's refusal of the minor variances requested through Application A0713/18NY. 2. City Council authorize the City Solicitor to retain outside consultants as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
MM5.23adopted
The applicant applied to the Committee of Adjustment (Application A0611/17NY) in 2017 for variances to the applicable zoning by-laws to construct a new dwelling at 48 Gwendolen Crescent. The Application was deferred in order to allow the applicant to meet with City Staff to discuss the proposal. The Application requests variances with respect to building height, maximum number of storeys, encroachments into building setbacks, and setbacks from shoreline hazard or stable top-of-bank. At its hearing on February 7, 2019, the Committee of Adjustment refused the Application (the Decision). The Notice of Decision is attached. The applicant has appealed the Decision to the Toronto Local Appeal Body. This Motion will authorize the City Solicitor, and appropriate City Staff, to attend the Toronto Local Appeal Body in order to oppose the proposed variances requested in the Application. This Motion will also give the City Solicitor authority to negotiate a settlement of the appeal and retain outside consultants as necessary. This matter is time sensitive and urgent as a hearing for this matter has been scheduled for August 12, 2019 and the City Solicitor requires instructions to attend the hearing.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council authorize and direct the City Solicitor, and any other appropriate City staff to attend the Toronto Local Appeal Body hearing for 48 Gwendolen Crescent to uphold the Committee of Adjustment's refusal of the minor variances requested through Application A0611/17NY. 2. City Council authorize the City Solicitor to retain outside consultants, as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
Staff recommendation as filed
Councillor John Filion, seconded by Councillor Kristyn Wong-Tam, recommends that: 1. City Council authorize and direct the City Solicitor, and any other appropriate City staff to attend the Toronto Local Appeal Body hearing for 48 Gwendolen Crescent to uphold the Committee of Adjustment's refusal of the minor variances requested through Application A0611/17NY. 2. City Council authorize the City Solicitor to retain outside consultants as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
MM5.24adopted
The applicant applied to the Committee of Adjustment (Application A0610/17NY) in 2017 for variances to the applicable zoning by-laws to construct a new dwelling at 50 Gwendolen Crescent. The Application was deferred in order to allow the applicant to meet with City Staff to discuss the proposal. The Application requests variances with respect to building height, maximum number of storeys, encroachments into building setbacks, and setbacks from shoreline hazard or stable top-of-bank. At its hearing on February 7, 2019, the Committee of Adjustment refused the application (the Decision). A copy of the Decision is attached. The applicant has appealed the Decision to the Toronto Local Appeal Body. This Motion will authorize the City Solicitor, and appropriate City Staff, to attend the Toronto Local Appeal Body in order to oppose the proposed variances requested in the Application. This Motion will also give the City Solicitor authority to negotiate a settlement of the appeal and retain outside consultants as necessary. This matter is time sensitive and urgent as a hearing for this matter has been scheduled for August 13, 2019 and the City Solicitor requires instructions to attend the hearing.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council authorize and direct the City Solicitor and any other appropriate City staff to attend the Toronto Local Appeal Body hearing for 50 Gwendolen Crescent to uphold the Committee of Adjustment's refusal of the minor variances requested through Application A0610/17NY. 2. City Council authorize the City Solicitor to retain outside consultants, as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
Staff recommendation as filed
Councillor John Filion, seconded by Councillor Kristyn Wong-Tam, recommends that: 1. City Council authorize and direct the City Solicitor and any other appropriate City staff to attend the Toronto Local Appeal Body hearing for 50 Gwendolen Crescent to uphold the Committee of Adjustment's refusal of the minor variances requested through Application A0610/17NY. 2. City Council authorize the City Solicitor to retain outside consultants as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
MM5.25adopted
The applicant applied to the Committee of Adjustment (Applications A0708/18NY, A0709/18NY, and B0048/18NY) for consent to sever and for minor variances. The applicant proposes to sever the existing lot, which would result in two equal, undersized residential lots requiring variances to lot frontage and lot area. The Applications also request variances with respect to side yard setbacks, rear deck setbacks, lot coverage, roof eave projection, side exterior main wall height, minimum parking space width, and building height. At its hearing on February 7, 2019, the Committee of Adjustment refused the Applications (the Decisions). The Notices of Decision are attached. The applicant has appealed the Decisions to the Toronto Local Appeal Body. This Motion will authorize the City Solicitor, and appropriate City Staff, to attend the Toronto Local Appeal Body in order to oppose the proposed consent and minor variances requested in the Applications. This Motion will also give the City Solicitor authority to negotiate a settlement of the appeal and retain outside consultants as necessary. This matter is time sensitive and urgent as a hearing for this matter has been scheduled for August 8 and 9, 2019 and the City Solicitor requires instructions to attend the hearing in opposition of the proposal.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council authorize and direct the City Solicitor, and any other appropriate City staff to attend the Toronto Local Appeal Body hearing for 88 Florence Avenue to uphold the Committee of Adjustment's refusal of the consent and minor variances requested through Applications A0708/18NY, A0709/18NY, and B0048/18NY. 2. City Council authorize the City Solicitor to retain outside consultants, as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
Staff recommendation as filed
Councillor John Filion, seconded by Councillor Mike Colle, recommends that: 1. City Council authorize and direct the City Solicitor, and any other appropriate City staff to attend the Toronto Local Appeal Body hearing for 88 Florence Avenue to uphold the Committee of Adjustment's refusal of the consent and minor variances requested through Applications A0708/18NY, A0709/18NY, and B0048/18NY. 2. City Council authorize the City Solicitor to retain outside consultants as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
MM5.26adopted
On January 31, 2017, Toronto City Council considered Item TE21.1 2017 and adopted the recommendations of the Bloor Corridor/Annex Block Planning Study Official Plan Amendment - Final Report, dated November 30, 2016. In 2017, a number of appellants appealed two City-initiated Official Plan Amendments, consisting of Official Plan Amendments 365 and 368, to the Ontario Municipal Board (now known as the Local Planning Appeal Tribunal), pursuant to section 17(24) of the Planning Act. Starbank Developments 350 Corp., The Bank of Nova Scotia, The Governing Council of the University of Toronto, Bloor-Madison Realty Inc., 334 Bloor West Limited, 316 Bloor West Toronto Developments Ltd., and Bloor Street United Church (the Appellants") own lands in the vicinity of the north side of Bloor Street West, between St. George Street and Walmer Road. There are four Appellants currently remaining at Phase I of the Local Planning Appeal Tribunal Hearing: Starbank Developments 350 Corp, First Capital (Ontario) Corporation (the new owner of 332 Bloor Street West, formerly owned by The Bank of Nova Scotia), 334 Bloor West Limited and The Governing Council of the University of Toronto. In addition to the above, there is an additional Appellant at Phase II of the Local Planning Appeal Tribunal Hearing: Bloor Street United Church. The City Solicitor requires direction on the appeals of Official Plan Amendments 365 and 368. This Motion is urgent as the matter is currently before the Local Planning Appeal Tribunal for a nine-day hearing that commenced on March 25, 2019.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 27, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, C and D to the report (March 27, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 27, 2019) 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 (March 27, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the settlement offers as described in Confidential Attachment 1, and as generally described in Confidential Appendix A and Confidential Appendix B to Confidential Attachment 1 and detailed in Confidential Appendix C and Confidential Appendix D to Confidential Attachment 1 to the report (March 27, 2019) from the City Solicitor. 2. City Council instruct the City Solicitor and other appropriate staff to attend the Local Planning Appeal Tribunal in support of the proposed modifications to Official Plan Amendment 365 set out in Confidential Appendix C to Confidential Attachment 1 to the report (March 27, 2019) from the City Solicitor. 3. City Council instruct the City Solicitor and other appropriate staff to attend the Local Planning Appeal Tribunal in support of the proposed modifications to Official Plan Amendment 368 set out in Confidential Appendix D to Confidential Attachment 1 to the report (March 27, 2019) from the City Solicitor. 4. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed modifications to the Official Plan Amendments 365 and 368 contained in Confidential Appendices C and D provided with Confidential Appendix A and Confidential Appendix B, as deemed necessary by and at the sole discretion of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Preservation Services. 5. City Council direct the City Solicitor to continue negotiations with other Official Plan Amendment 365 and 368 Appellants in an effort to resolve all outstanding issues under appeal and to take all necessary steps to bring resolution to the matter, in consultation with the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Preservation Services. 6. City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning to take such steps to give effect to the settlement. Confidential Appendices A, B, C and D to Confidential Attachment 1 to the report (March 27, 2019) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of the Confidential Attachment 1 to the report (March 27, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City or one of its agencies or corporations and it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Joe Cressy, recommends that: 1. City Council adopt the following recommendations in the report (May 27, 2019) from the City Solicitor: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the Report (March 27, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendices "A", "B", "C" and "D" to the Report (March 27, 2019) from the City Solicitor, if adopted by City Council. 3. City Council direct that the balance of Confidential Attachment 1 to the Report (March 27, 2019) from the City Solicitor remain confidential as it contains advice, which is subject to solicitor-client privilege.
MM5.27adopted
At its meeting of April 24, 25, 26 and 27, 2018, City Council adopted Toronto and East York Community Council Item TE31.5 to permit the redevelopment of 220 and 234 Simcoe Street and 121 Patrick Street. City Council enacted By-law 1251-2018 on July 27, 2018. It has come to City Planning's attention that two numbers in By-law 1251-2018 were inadvertently transposed and as a result, Diagram 4 in Site Specific Provision (F) of Exception CR (x139) of section 4 of said By-law 1251-2018 should have been labelled Diagram 3 and Diagram 3 in Site Specific Provision (G) of Exception CR (x139) of section 4 of By-law 1251-2018 should have been labelled Diagram 4. It is recommended that the technical amendments as set out in the above Recommendations be made to By-law 1251-2018 without the need for any further public notice. This is an urgent matter as the By-law was passed eight months ago.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council amend By-law 1251-2018 by changing Diagram 4 in Site Specific Provision (F) of Exception CR (x139) of By-law 1251-2018 to Diagram 3, and Diagram 3 in Site Specific Provision (G) of Exception CR (x139) of By-law 1251-2018 to Diagram 4. 2. City Council direct the City Solicitor to bring forward to City Council on March 27 and 28, 2019 for enactment by City Council, a By-law to make the changes to By-law 1251-2018 in Part 1 above. 3. City Council determine through the adoption of this Motion that pursuant to section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to By-law 1251-2018.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Paul Ainslie, recommends that: 1. City Council amend By-law 1251-2018 by changing Diagram 4 in Site Specific Provision (F) of Exception CR (x139) of By-law 1251-2018 to Diagram 3, and Diagram 3 in Site Specific Provision (G) of Exception CR (x139) of By-law 1251-2018 to Diagram 4. 2. City Council direct the City Solicitor to bring forward to City Council on March 27 and 28, 2019 for enactment by Council, a By-law to make the changes to By-law 1251-2018 in Part 1 above. 3. City Council determine through the adoption of this Motion that pursuant to section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to By-law 1251-2018.
MM5.28adopted
The Provincial Government has announced, most recently through a letter to the City of Toronto at the beginning of March, 2019 from Municipal Affairs Minister Steve Clark, that it will continue to review changes to the Planning Act and Provincial Policy Statement. One of those suggested changes would reduce the scope of review for municipalities during the site plan process to only public realm matters. One of the suggested changes by the Ontario Association of Architects that may be contemplated would reduce the scope of review for municipalities during the site plan process to only public realm matters. The City of Toronto is opposing such a change. In early 2019, the Ontario Association of Architects submitted a letter to the Municipal Affairs Minister Steve Clark requesting an amendment to the Planning Act to remove "the colour, texture and type of materials, window detail, constructions details, architectural detail and interior design of buildings" from the Site Plan Approval process. This change was proposed by the current Provincial Government through Bill 66, Restoring Ontario's Competitiveness Act, although the proposed Planning Act changes in Bill 66 were later withdrawn. I understand from speaking with Ontario Association of Architects members here in Toronto that the Ontario Association of Architects did not consult with their membership before releasing this letter. Ontario Association of Architects stated goal by requesting design exclusions is to reduce the time it takes for site plan applications to receive a notice of approved condition, therefore saving developers money. A proper review of the Site Plan Process in Toronto would likely indicate that the bulk of the review for your typical tall building is spent not with architects, but with engineers whose job it is to ensure there is adequate infrastructure to provide power and water to a building and to ensure trucks and other delivery vehicles can properly service a building. The current Site Plan Process in fact protects the architect's vision. Most architects will proudly show off their work at public meetings. Indeed, the design is often used to help convince both local residents and future homeowners that they are investing in quality architecture that is fully expected to have a lasting, positive impact on our streetscapes and neighbourhoods. The design of our buildings would become threaten by potential value engineering, allowing developers to replace high quality brick and stone with stucco or other cheap materials should they choose, as happened in the past in Toronto before site plan considerations were broadened for municipalities. There are many important pieces that contribute to building a healthy and resilient city that are secured through the Site Plan Process. One key Toronto initiative is the Toronto Green Standards. Through the Site Plan Process, the City secures mandatory attributes such as green roofs, bird-friendly and energy efficient design in our new tall buildings. Measures such as these are threatened if staff cannot secure them through Site Plan. The Ontario Association of Architects supported the introduction of Version 3 of the Toronto Green Standards in a letter dated to City Council on October 10, 2017. It is difficult to understand why the Ontario Association of Architects has shifted their position on this within a year and a half. Furthermore, the City has both a Design Review Panel, composed of volunteer architects, landscape architects and urban designers who provide their expertise to City staff and applicants to improve the quality of our built form. While the Ontario Association of Architects claims to support design review panels, their effectiveness is challenged if panel comments cannot be implemented and secured through the site plan process. Both the Toronto Design Review Panel, as well as the Ottawa Design Review Panel, have submitted comments to the Minister of Municipal Affairs requesting that amendments to the Site Plan Process, as proposed by the Ontario Association of Architects, not be implemented. The Provincial Government has made it clear that they expect to introduce changes to the Planning Act, if not through Bill 66 than through a future bill. Given the public comments by the Ontario Association of Architects, it is appropriate that the City affirm the current Site Plan Approval Process serves Toronto well and should not be weakened in any manner that will compromise high-quality design. This Motion is urgent as the Province has provided notice that it is actively reviewing the Planning Act.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council advise the Province and the Minister of Municipal Affairs that the current site plan approval process as written in the Planning Act provides for higher quality buildings, including greener and more sustainable materials, improved safety, provides for an improved public realm, protects the vision of architects; and, is a matter of public interest. 2. City Council advise the Province and Minister of Municipal Affairs that the current site plan approval process as written in the Planning Act properly supports the role of Design Review Panels to help provide expert advice to city staff, developers, and architects to improve the quality of the finished built-form.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Brad Bradford, recommends that: 1. City Council advise the Province and the Minister of Municipal Affairs that the current site plan approval process as written in the Planning Act provides for higher quality buildings, including greener and more sustainable materials, improved safety, provides for an improved public realm, protects the vision of architects; and, is a matter of public interest. 2. City Council advise the Province and Minister of Municipal Affairs that the current site plan approval process as written in the Planning Act properly supports the role of Design Review Panels to help provide expert advice to city staff, developers, and architects to improve the quality of the finished built-form.
MM5.29amended
The Anjuman Khadimul Muslimein Masjid is located at 4640 Kingston Road, and has been serving local Muslims for almost 15 years. Established in 2005, the Mosque accommodates hundreds of worshipers and the rapidly growing Islamic community in southeastern Scarborough. The Mosque has received planning approval to construct a 160 square metre residence at the rear of the property. It will serve as a dwelling for the resident Imam in a manner similar to a Priest or Minister living in a rectory or vicarage. It will also be used to house dignitaries and to hold community meetings. The Anjuman Khadimul Muslimein is seeking an exemption from development charges for the residence. According to City staff, the current development charge rate for a new single family dwelling is $60,739. If granted, the requested development charge exemption would allow construction to proceed in 2019. The local community has been fundraising and planning for this project for more than five years. Places of worship are exempt from City of Toronto development charges. The new residence on the same property will help complement existing religious programming and will contribute to strengthening the diversity of Scarborough-Rouge Park. Similar projects in Mosques in Brampton and communities in the 905 have been exempted from the aforementioned development charges.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council authorize a development charges deferral agreement for the Imam's residence, Site Plan Application 12 113963 ESC 44 SA, to be developed on the lands currently known as 4640 Kingston Road, Scarborough, Ontario, to defer payment of City of Toronto development charges until such a time that City Council has revisited its policy, and City Council require a letter of credit for the full amount deferred. 2. City Council request the Chief Financial Officer and Treasurer to report back to the Executive Committe on the measures needed to ensure that all Clergy residences located at places of worship in the City are exempt from development charges.
Staff recommendation as filed
Councillor Jennifer McKelvie, seconded by Mayor John Tory, recommends that: 1. City Council authorize the Imam's residence, Site Plan Application 12 113963 ESC 44 SA, to be developed on the lands currently known as 4640 Kingston Road, Scarborough, Ontario, to be exempt from the payment of City of Toronto development charges. 2. City Council request the Chief Financial Officer and Treasurer to report back to the Executive Committe on the measures needed to ensure that all Clergy residences located at places of worship in the City are exempt from development charges.
MM5.30adopted
City Council approved the 2019 Operating Budget for Transportation Services which included Street Event user fee increases. The user fee charged for an Athletic Event for permission to fully or partially close/occupy an expressway, major arterial, minor arterial and collector roads for the purpose of holding an Athletic Event increased to $3,699.10 per event. The Bum Run event began seven years ago to raise public awareness of the fact that 90 percent of colon cancer deaths are preventable by early diagnosis. Through collaboration with surgeons, hospital staff, friends and families the event was created in order to raise funds for early diagnosis clinics, facilitation and awareness of the benefits of preventative action. The Bum Run is the only Toronto-hosted event that is registered as 100 percent non-profit. All funds raised are used toward the cause, cure and awareness campaign. The Bum Run is an unpaid volunteer event. Although there is a fundraising registration fee for a timing chip, it is an open, no fee event. All are invited to participate in the event for free by simply showing up. Toronto City Council is being asked to waive the user fees for this street event as a means to support colon cancer awareness. This Motion is urgent in order to provide the organizers with the necessary permits in time to execute their event.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council direct the General Manager, Transportation Services to waive the permit fee charged for the Bum Run's 2019 event (Fee Ref. 61.07, Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C - Schedule 2, Transportation Services).
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy, recommends that: 1. City Council direct the General Manager, Transportation Services to waive the permit fee charged for the Bum Run's 2019 event (Fee Ref. 61.07, Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C - Schedule 2, Transportation Services).
MM5.31adopted
The applicant applied to the Committee of Adjustment (Application A0452/14TEY) (the "Application") for minor variances to alter the existing three-storey 21-unit apartment building at 2401 Queen Street East. The applicant proposes to construct a three storey rear addition and third storey addition over the existing rear portion to create one additional work/live unit. The Application seeks variances with respect to the gross floor area, the minimum rear yard setbacks, the required angular plane and the parking space requirements. City Planning submitted a report to the Committee of Adjustment on July 27, 2018 (attached) recommending refusal of the Application based on its non-compliance with the intent of the Official Plan and zoning along the applicable portion of Queen Street East. At its hearing on February 27, 2019, the Committee of Adjustment refused the Application. The Notice of Decision is attached. The applicant has appealed the Decision to the Toronto Local Appeal Body. This Motion will authorize the City Solicitor, and appropriate City Staff, to attend the Toronto Local Appeal Body in order to oppose the proposed minor variances requested in the Application. This Motion will also give the City Solicitor authority to negotiate a settlement of the appeal and retain outside consultants, as necessary. This matter is time sensitive and urgent as the decision of the Committee of Adjustment has been appealed to the Toronto Local Appeal Body and the City Solicitor requires instructions to attend the hearing in opposition of the proposal.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council authorize and direct the City Solicitor, and any other appropriate City staff to attend the Toronto Local Appeal Body hearing for 2401 Queen Street East to uphold the Committee of Adjustment's refusal of the minor variances requested through Application A0452/18TEY. 2. City Council authorize the City Solicitor to retain outside consultants, as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
Staff recommendation as filed
Councillor Brad Bradford, seconded by Councillor Stephen Holyday, recommends that: 1. City Council authorize and direct the City Solicitor, and any other appropriate City staff to attend the Toronto Local Appeal Body hearing for 2401 Queen Street East to uphold the Committee of Adjustment's refusal of the minor variances requested through Application A0452/18TEY. 2. City Council authorize the City Solicitor to retain outside consultants, as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.
MM5.32adopted
Saulter Street Brewery Inc. has submitted an application for a new liquor licence tied to a manufacturer (a "Tied House Licence") to the Alcohol and Gaming Commission of Ontario for the premises at 31 Saulter Street, Unit 1, operating under the name Saulter Street Brewery (the "Premises"). The applicant is seeking an indoor capacity for 100 patrons, and an outdoor licenced patio with a capacity of 30 patrons. The Premises is currently operating as a brewery and restaurant, and is serving their brewed beer at the Premises under a Manufacturers Limited Sales Licence. This type of liquor licence permits the sale of product brewed on site with certain restrictions, such as serving beer in glasses no larger than 341ml, and the service must stop at 9:00 pm daily. The Tied House Licence the applicant has applied for would permit the sale of beer manufactured at the Premises as if the Premises had a regular liquor licence, without the restrictions associated with a Manufacturers Limited Sales Licence. The Premises is located immediately adjacent to a residential area. The operation of the establishment currently impacts neighbouring residents, and the residents and the local Councillor's office are concerned that if the Tied House Licence is approved the impacts will worsen and occur later in the evening. The impacts relate to noise, safety, litter, and other matters. This application for a Tied House Licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence. This matter is deemed urgent as the deadline to object to the liquor licence application is April 2, 2019.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the liquor licence application for the Saulter Street Brewery, 31 Saulter Street, Unit 1 (the "Premises"), is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review or Refuse the liquor licence application. 2. City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to participate in any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City Council direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, safety, security personnel, security cameras, crowd control, signage, lighting and litter.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Frances Nunziata, recommends that: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the liquor licence application for the Saulter Street Brewery, 31 Saulter Street, Unit 1 (the "Premises"), is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review or Refuse the liquor licence application. 2. City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to participate in any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City Council direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, safety, security personnel, security cameras, crowd control, signage, lighting and litter.
MM5.33adopted
1166552 Ontario Inc., submitted an Application to the Alcohol and Gaming Commission of Ontario for a liquor licence for a boat that operates out of 333 Lake Shore Boulevard East under the name of Pioneer Aurora Borealis ("the Premises"). The Application is for an indoor licenced area with a proposed capacity of 520 patrons and an outdoor licenced area with a proposed capacity of 520 patrons. The total proposed indoor and outdoor capacity is 1040 patrons. The Premises will operate as a licenced tour boat on Lake Ontario. There is a long history of the impacts that some licenced tour/party boats have had on residents in the City of Toronto, particularly residents of Algonquin and Ward's Islands. Most tour boats play amplified music supplied by a disc jockey, and loud amplified music combined with loud crowd cheering from the boats prior to leaving the Toronto Harbour and upon their return to the Harbour, have been very impactful on the island residents over the last several years. The proposed licenced capacity of over 1,000 patrons adds to the concern of potential impacts the licenced boat may have on the residents. This application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence. This matter is urgent as an original Placard deadline for objections is March 29, 2019, and a revised Placard deadline is April 23, 2019.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for a boat that operates out of 333 Lake Shore Boulevard East operating under the name Pioneer Aurora Borealis (the "Premises") is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue either a Proposal to Review or a Proposal to Refuse the liquor licence application. 2. City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and direct the City Solicitor to take all necessary action so as to give effect to this Motion, including determining whether the application ought to be refused outright or whether the application can be supported with conditions to the liquor licence, all in consultation with the Ward Councillor.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Josh Matlow, recommends that: 1. City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for a boat that operates out of 333 Lake Shore Boulevard East operating under the name Pioneer Aurora Borealis (the "Premises") is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue either a Proposal to Review or a Proposal to Refuse the liquor licence application. 2. City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises. 3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and direct the City Solicitor to take all necessary action so as to give effect to this Motion, including determining whether the application ought to be refused outright or whether the application can be supported with conditions to the liquor licence, all in consultation with the Ward Councillor.
MM5.34adopted
At its meeting held on December 9 and 10, 2015 City Council adopted Toronto and East York Community Council Item TE12.7 which recommended amendments to the former City of Toronto Zoning By-law 438-86 and Zoning By-law 569-2013 to permit redevelopment of 77-79 East Don Roadway and 661-677 Queen Street East as a mixed-use development with residential, retail and automobile dealership uses at a height and density greater than otherwise permitted, in exchange for the provision of such facilities, services, and matters otherwise set out in the By-law. City Council enacted By-laws 1363-2015 and 1364-2015 at that same meeting to permit the development. Those By-laws were appealed to the Ontario Municipal Board (now Local Planning Appeal Tribunal) by a third party (file PL160033). Following a hearing on the merits the appeal was refused, with the Board enacting the Bills substantially in the form adopted by City Council. It has come to the City Solicitor's attention that the timing of one of the section 37 benefits in the implementing By-laws, namely the conveyance of parkland to the City, does not reflect the recommendation that was adopted by City Council. Following consultation with Parks, Forestry and Recreation staff, it has been confirmed that the City Council adopted timing is correct - the parkland is to be conveyed prior to the earlier of condominium registration on any portion of the site, or the issuance of any building permit for the second phase of construction. To address this technical error, it is recommended that the By-laws be amended to correctly implement City Council's direction. This is an urgent matter as the applicant is approaching an occupancy date for a large number of purchasers and the parkland is still undergoing environmental testing and remediation. The error in the by-law may cause issues relating to occupancy permits being issued.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council amend By-laws 1363-2015 and 1364-2015 by replacing Appendix 1, section 2(f)(3) of each By-law to read: "Prior to the earlier of issuance of any building permit for Parcel B and any condominium registration of any part of the lot, the owner of the lot shall convey to the City the on-site parkland dedication lands for parkland in base park condition." 2. City Council direct the City Solicitor to bring forward to Council's meeting of March 27 and 28, 2019 for enactment by City Council, a By-law or By-laws to make the changes in Part 1 above to By-laws 1363-2015 and 1364-2015. 3. City Council determine through the adoption of this Motion that, pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to By-law 1363-2015 and 1364-2015.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Michael Ford, recommends that: 1. City Council amend By-law 1363-2015 and 1364-2015 by replacing Appendix 1, section 2(f)(3) of each By-law to read: "Prior to the earlier of issuance of any building permit for Parcel B and any condominium registration of any part of the lot, the owner of the lot shall convey to the City the on-site parkland dedication lands for parkland in base park condition." 2. City Council direct the City Solicitor to bring forward to Council's meeting of March 27 and 28, 2019 for enactment by City Council, a By-law or By-laws to make the changes in Part 1 above to By-laws 1363-2015 and 1364-2015. 3. City Council determine through the adoption of this Motion that, pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to By-law 1363-2015 and 1364-2015.
MM5.35adopted
The area that encompasses St. Conrad Catholic School (5 Exbury Road) has a growing population and an increasing number of children and young families. The school and community require safe and new playgrounds facilities to meet the needs of the neighbourhood that has been neglected for a long time. The Toronto Catholic District School Board has identified a need for capital investments on the site, in the form of a renewed playground. This facility can continue to be used by community members to supplement their access to local outdoor play space outside of school hours. The City of Toronto secured funds under Section 37 of the Planning Act with the owners of the development at 2800 Keele Street, authorized by site-specific Zoning By-law 110-2015(OMB). The By-law and the associated Section 37 Agreement provides that certain funds shall be used for a variety of community benefits including funds to be used towards streetscape improvements along Keele Street and Victory Drive in the immediate vicinity of the proposed development. Both instruments also provide that in the event that some or all of the cash contributions have not been used for the intended purpose within three (3) years of the By-law coming into full force and effect, the unused cash contributions may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands. Three years have passed since the By-law came into full force and effect. Accordingly, this Motion proposes to redirect $50,000 from the unused cash contribution for streetscape improvements to the Toronto District School Board towards the cost of the creating a new playground. The Section 37 Implementation Guidelines (section 5.7) approved by Council in 2007 Council approved Implementation Guidelines for Section 37 provide state that: "Cash contributions toward the capital improvement of school board playgrounds are eligible S.37 community benefits where the playground serves as a local park, where the public will continue to have reasonable access for the foreseeable future, and where there is no local City-owned parkland performing a similar function in the same community that could otherwise benefit from the cash contribution." The Toronto Catholic District School Board will sign an Undertaking governing the use of the funds and the financial reporting requirements prior to the funds being released from the City.
City Council on March 27 and 28, 2019, adopted the following: 1. City Council increase the Approved 2019 Operating Budget for Non-Program by $50,000.00 gross, $0 net, (cost centre: NP2161), fully funded by Section 37 funds obtained in the development 2800 Keele Street, (Source Account: XR3026-3700676), for the purpose of providing one time capital funding to the Toronto Catholic District School Board for playground improvements at St. Conrad Catholic School located at 5 Exbury Road. 2. City Council direct that the $50,000.00 be forwarded to the Toronto Catholic District School Board upon the signing of an Undertaking by the Toronto Catholic District School Board governing the use of the funds and the financial reporting requirements.
Staff recommendation as filed
Councillor James Pasternak, seconded by Councillor Mike Colle, recommends that: 1. City Council increase the Approved 2019 Operating Budget for Non-Program by $50,000.00 gross, $0 net, (cost centre: NP2161), fully funded by Section 37 funds obtained in the development 2800 Keele Street, (source account: XR3026-3700676), for the purpose of providing one time capital funding to the Toronto Catholic District School Board for playground improvements at St. Conrad Catholic School located at 5 Exbury Road. 2. City Council direct that the $50,000.00 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.