Toronto City Council
The full agenda, as filed
All 45 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.
BL7.1adopted
Introduction and Enactment of General Bills and Confirming Bills
City Council will introduce and enact General Bills and Confirming Bills.
City Council on May 14 and 15, 2019 enacted By-laws 681-2019 to 811-2019.
CC7.1adopted
Ombudsman Toronto 2018 Annual Report
Pursuant to section 173(2) of the City of Toronto Act, 2006 and the Toronto Municipal Code, Chapter 3, the Ombudsman is required to submit an annual report on the activities of her office directly to City Council.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council receive the Ombudsman Toronto 2018 Annual Report for information.
Staff recommendation as filed
The Ombudsman recommends that: 1. City Council receive the Ombudsman Toronto 2018 Annual Report for information.
MM7.1adopted
On Thursday, March 28, 2019, the Etobicoke York District Panel of the Committee of Adjustment refused applications related to the property municipally known as 889 Royal York Road (the "Subject Property") for consent to sever the Subject Property and two associated applications for minor variances (Applications B0037/18EYK, A0311/18EYK, and A0310/18EYK). The applicant has appealed the Committee of Adjustment's refusal decision to the Toronto Local Appeal Body. The applicant proposes to sever the Subject Property, which has a frontage of 15.24 metres, into two undersized residential lots. The application requires variances to City-wide Zoning By-law 569-2013 and the Etobicoke Zoning Code, as amended, including variances for lot frontage, lot area, lot coverage, maximum permitted floor space index, side yard setbacks, building length, encroachment of a platform into a setback, roof projection, and parking space width. Community Planning staff do not support the application. City Planning staff submitted a report dated February 13, 2019 to the Committee of Adjustment to recommend refusal of the consent and variances. Staff recommended refusal on the grounds that the applications to create two undersized residential lots is not in keeping with the established character and lot pattern of the neighbourhood. Engineering and Construction Services staff, in a memorandum dated January 15, 2019, recommended that the Committee of Adjustment defer its consideration of the applications pending the resolution of certain conditions. Copies of the Notices of Decision of the Committee of Adjustment, the Community Planning Staff Report, and the memorandum from Engineering and Construction Services are attached. This Motion will authorize the City Solicitor to oppose the applicant's Toronto Local Appeal Body appeal and to secure the necessary authorization and resources to support the City's opposition to the appeal, including providing for the ability for the City Solicitor to settle the matter.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council direct the City Solicitor and any other appropriate City staff to attend the Toronto Local Appeal Body hearing in respect of 889 Royal York Road to uphold the Committee of Adjustment's refusal of the applicant's proposed development (Applications B0037/18EYK, A0311/18EYK, and A0310/18EYK). 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 Mark Grimes, seconded by Councillor Mike Colle, recommends that: 1. City Council direct the City Solicitor and any other appropriate City staff to attend the Toronto Local Appeal Body hearing in respect of 889 Royal York Road to uphold the Committee of Adjustment's refusal of the applicant's proposed development (Applications B0037/18EYK, A0311/18EYK, and A0310/18EYK). 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.
RM7.1adopted
- O Canada - Moment of Silence - Declarations of Interest under the Municipal Conflict of Interest Act
CALL TO ORDER: 9:36 a.m. Speaker Nunziata took the Chair and called the Members to order. The meeting opened with O Canada. Tuesday, May 14, 2019 Members of Council observed a moment of silence and remembered: Wayson Choy Fitzroy Gordon Christoffel (Chris) Gort Lois James George Martell Don Richmond Kelly Thomson 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. Wednesday, May 15, 2019 Members of Council observed a moment of silence and remembered: Warren Frederick Beasley Pat Chastang
CC7.2amended
Term of Appointment for Toronto's Lobbyist Registrar
On September 12, 2016, Toronto City Council appointed Cristina De Caprio as Lobbyist Registrar for a term ending effective September 6, 2019. Her appointment was for a shortened term of 3 years as opposed to the 7 year term established in the Toronto Municipal Code, Chapter 3 and was intended to provide Council with the flexibility to amend the term pending the outcome of a review of the accountability functions. This report recommends that City Council extend the employment term of the Lobbyist Registrar, Cristina De Caprio, to the full 7-year non-renewable term as set out in Toronto Municipal Code, Chapter 3, Accountability Officers.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council extend the term of the Lobbyist Registrar, Cristina De Caprio to a period ending on September 6, 2023 on the same terms and conditions of the current fixed term engagement so that the Lobbyist Registrar will serve the full 7-year non-renewable term set out in Toronto Municipal Code, Chapter 3, Accountability Officers provided that Ms. De Caprio enters into an employment agreement satisfactory to the City Manager prior to September 6, 2019.
Staff recommendation as filed
The City Manager recommends that: 1. City Council extend the term of the Lobbyist Registrar, Cristina De Caprio to a period ending on September 6, 2023 on the same terms and conditions of the current fixed term engagement so that the Lobbyist Registrar will serve the full 7-year non-renewable term set out in Toronto Municipal Code, Chapter 3, Accountability Officers provided that Ms. De Caprio enters into an employment agreement satisfactory to the City Manager prior to September 6, 2019. 2. If City Council does not adopt recommendation 1, that City Council extend the term of the Lobbyist Registrar, Cristina De Caprio by two months to November 6, 2019 to provide time for staff to undertake a recruitment for a Toronto Lobbyist Registrar.
MM7.2adopted
The City of Toronto withdrew its membership in the Association of Municipalities of Ontario in 2004. At the time, we existed in what the Premier of Ontario publicly admitted was "A Legislative Straightjacket that Would Baffle Houdini". To further irritate matters, the Association of Municipalities of Ontario was entering into a Memorandum of Understanding with the Province that left unclear the City of Toronto's ability to negotiate any improvements in our legislative and fiscal relationship with the Province. The Association of Municipalities of Ontario and its Large Urban Mayors Caucus of Ontario have demonstrated they are a beneficial venue for thoughtful collaboration between cities as well as a useful venue for each municipality to have one-on-one meetings with appropriate Provincial Ministers and Ministry staff. Recently, we've seen that our relationship with the Large Urban Mayors Caucus of Ontario is absolutely crucial to our City and Mayor Tory's participation there has been important to the entire Province. That role must be reinforced by the full participation of Toronto Council as a member municipality, along with its public service.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council request the City Manager to report to the Executive Committee in June 2019 on the intergovernmental relationship benefits and the economic benefits of rejoining the Association of Municipalities of Ontario at this time, as well as possible costs and time frames involved in rejoining the Association.
Staff recommendation as filed
Councillor Shelley Carroll, seconded by Councillor Ana Bailão, recommends that: 1. City Council request the City Manager to report to the Executive Committee in June 2019 on the intergovernmental relationship benefits and the economic benefits of rejoining the Association of Municipalities of Ontario at this time, as well as possible costs and time frames involved in rejoining the Association.
RM7.2adopted
City Council will confirm the Minutes from the regular meeting held on April 16 and 17, 2019.
City Council confirmed the Minutes of Council from the regular meeting held on April 16 and 17, 2019.
CC7.3amended
On May 2, 2019, the Minister of Municipal Affairs and Housing announced the Province's Housing Supply Action Plan and introduced Bill 108 (More Homes, More Choices Act) in the Legislature. The Bill proposes to amend 13 statutes. The Provincial commenting period on the proposed changes closes on June 1, 2019. The following report has been prepared by the City Planning Division in consultation with the Corporate Finance Division, Legal Services, Parks, Forestry and Recreation and other divisional partners impacted by the proposed Bill 108 amendments discussed in this report. This report highlights the proposed changes to the Planning Act, Local Planning Appeal Tribunal Act, 2017, Ontario Heritage Act and the Development Charges Act,1997 and provides preliminary comments on their impact on municipal land use planning, the development approval process, heritage conservation and on funding for community facilities and infrastructure. The report also summarizes the Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019, which replaces the 2017 Growth Plan and which comes into effect on May 16, 2019. The associated 2019 Growth Plan transitional matters regulation (Ontario Regulation 311/06) is open for comment until May 31, 2019.This report also comments on this proposed regulation. Despite the absence of implementation details, the proposed changes to legislation in Bill 108 signal that there will be significant impacts on: the City's finances; the ability to secure parkland; the capacity to provide community facilities; and on the evaluation of development applications that would afford appropriate opportunities for public consultation and conservation of heritage resources. Bill 108 contains limited evidence that its central objectives, making it easier to bring housing to market and accelerating local planning decisions, will be achieved. Currently over 30,000 residential units in 100 projects proposed within Toronto are awaiting Local Planning Appeal Tribunal (LPAT) outcomes. Significantly shortening statutory review timelines; reducing opportunities for collaborative decision-making at the front-end of the municipal review process; expanding the scope of reasons to appeal development applications to the LPAT; and introducing a completely new process for determining community benefit (facilities) contributions could result in increased appeals and an even greater proportion of the housing pipeline projects being held up as part of the LPAT process. In addition, Bill 108 undermines the City's ability to ensure that "growth pays for growth" through substantive amendments to Sections 37 and 42 of the Planning Act, and the Development Charges Act. Combined, these tools account for a large proportion of the City's 10-year capital plan which supports critical infrastructure investments, including: 12 child-care centres with a cumulative 583 spaces; 21 Toronto Public Library expansion and renovation projects; 106 new or expanded parks; and 17 community recreation centres, 5 pools, 4 arenas and over 200 playground improvement projects. With 140,441 approved but unbuilt residential units and an additional 167,309 units currently under review (representing an estimated 540,000 people who could be housed), the need to plan for Toronto's long-term liveability and manage the impacts of growth, is of paramount importance By diverging from the long-held approach of growth paying for growth, future developments could result in a negative financial impact on the City. If this were to occur, the net outcome would be that existing residents and businesses, who make up the City's tax base, would in effect be partially subsidizing new development. Alternatively, the current service level standards would need to be adjusted to reflect this new fiscal environment. In spite of these changes, it is unlikely that they will positively impact housing affordability as Bill 108 does not provide for any mechanisms to ensure that reduced development costs are passed through to future home buyers and renters. The full impact of many of the proposed Bill 108 amendments will be assessed when implementation details, to be outlined in provincial regulations associated with the Bill, become available. The Province has not issued any information as to the timing or content of these regulations. City staff will continue to assess the impacts of the proposed legislation and provide additional comments to Council when the regulations have been released.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council request the Province to extend the June 1, 2019 timeline on the Environmental Registry of Ontario for comments on proposed Bill 108 to provide additional time for municipalities to comment on the proposed legislation. 2. City Council request the Province to consult with the City prior to issuing any draft regulations associated with proposed Bill 108, before the coming into force of the proposed Bill, such that the City can fully understand and be able to analyze the impact of the proposed Bill changes comprehensively, including the cumulative financial impacts to municipalities. 3. City Council request the Province to enshrine revenue neutrality in the proposed legislation and if not, create a municipal compensation fund to support municipalities whose revenues decline under the proposed community benefit charge regime. 4. City Council request the Province to provide compensation to the City of Toronto for the increased number of appeals and litigation if the proposed legislative changes to the Local Planning Appeal Tribunal process proposed in Bill 108 are implemented. 5. City Council request the Province to provide a transparent and thorough stakeholder consultation process in the development of all regulations associated with proposed Bill 108. 6. City Council request the Province to hold fulsome standing committee meetings to enable stakeholders to make both deputations and submissions on the proposed regulations. 7. City Council direct the Chief Financial Officer and Treasurer to report back through the 2020 Budget process on any necessary curtailment of growth-related or other capital expenditures resulting from the enactment of proposed Bill 108. 8. City Council request the General Manager, Transportation Services, in consultation with the City Solicitor, to report back to the June 18 and 19, 2019 City Council meeting on the legal implications of denying all road occupancy permits for development sites and forcing developers to build onsite. 9. City Council direct the City Manager to report to the July 4, 2019 meeting of the Executive Committee with respect to potential impacts on capital plans and projects as a result of the Ontario Government's proposed changes announced as part of their Ontario Housing Supply Action Plan. 10. City Council direct the Chief Planner and Executive Director, City Planning and the Chief Financial Officer and Treasurer to report to the Executive Committee subsequent to the issuance of the regulations under Bill 108 with an analysis of the financial, planning and governance impacts to the City of Toronto. 11. City Council direct the City Manager and appropriate staff, in consultation with the Chief Executive Officer, Toronto Transit Commission, to report back to the Executive Committee on how changes to the Development Charges Act, 1997 will impact the Toronto Transit Commission's 2019 - 2028 Capital Budget and Plan and 15-Year Capital Investment Plan, if Bill 108 is enacted. 12. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the Chief Financial Officer and Treasurer, to report to the Planning and Housing Committee on the feasibility of including a comprehensive list of soft and hard infrastructure costs (such as child care centres, sewer construction, sidewalk construction) in the Financial Impact Section of all final planning reports. 13. In the event that Bill 108 receives Royal Assent, City Council request the Chief Planner and Executive Director, City Planning to report to the first available Planning and Housing Committee meeting outlining any area of the City that may require a holding provision until all regulations, transitional measures and funding uncertainties related to Bill 108 are resolved. 14. City Council authorize the City Manager, the Chief Financial Officer and Treasurer and other City Officials, as appropriate, to provide input to the Province on Bill 108 on policy and financial matters and any associated regulations. 15. City Council direct the Chief Planner and Executive Director, City Planning to convey to the Ontario Minister of Municipal Affairs and Housing the City's opposition to the proposed changes to the Local Planning Appeal Tribunal process that will, in reality, restore the former Ontario Municipal Board processes and, in so doing, reduce input and direction from residents of the City of Toronto and Toronto City Council with respect to development applications within the City. 16. City Council direct the City Manager to seek assurances from the Ontario Government that the province will not, in its regulations associated with their proposals, implement any changes that will negatively impact the City through reduced or deferred development charges, elimination or reduction of Section 37 funding tools, park dedication levies or any other financial mechanisms associated with the planning and development process. 17. City Council forward the report (May 14, 2019) from the City Manager and the Chief Planner and Executive Director, City Planning to the Ontario Minister of Municipal Affairs and Housing and the Attorney General for their consideration. 18. City Council adopt the following Resolution, and join municipalities from across the Greater Toronto and Hamilton Area, where similar motions are being moved in their respective Councils, in opposing Bill 108 in its current form: WHEREAS the legislation that abolished the Ontario Municipal Board and replaced it with the Local Planning Appeal Tribunal received unanimous - all party support; and WHEREAS All parties recognized that local governments should have the authority to uphold their provincially approved Official Plans; to uphold their community driven planning; and WHEREAS Bill 108 will once again allow an unelected, unaccountable body make decisions on how our communities evolve and grow; and WHEREAS On August 21, 2018 Minister Clark once again signed the Memorandum of Understanding with the Association of Municipalities of Ontario and entered into "...a legally binding agreement recognizing Ontario Municipalities as a mature, accountable order of government"; and WHEREAS This Memorandum of Understanding is "enshrined in law as part of the Municipal Act". And recognizes that as "...public policy issues are complex and thus require coordinated responses...the Province endorses the principle of regular consultation between Ontario and municipalities in relation to matters of mutual interest"; and WHEREAS By signing this agreement, the Province made "...a commitment to cooperating with its municipal governments in considering new legislation or regulations that will have a municipal impact"; and WHEREAS Bill 108 will impact 15 different Acts - Cannabis Control Act, 2017, Conservation Authorities Act, Development Charges Act, Education Act, Endangered Species Act, 2007, Environmental Assessment Act, Environmental Protection Act, Labour Relations Act, 1995, Local Planning Appeal Tribunal Act, 2017, Municipal Act, 2001, Occupational Health and Safety Act, Ontario Heritage Act, Ontario Water Resources Act, Planning Act, Workplace Safety and Insurance Act, 1997. Now Therefore Be it Hereby Resolved That the City of Toronto oppose Bill 108 which in its current state will have negative consequences on community building and proper planning; and Be it Further Resolved That the City of Toronto call upon the Government of Ontario to halt the legislative advancement of Bill 108 to enable fulsome consultation with Municipalities to ensure that its objectives for sound decision making for housing growth that meets local needs will be reasonably achieved; and Be It Further Resolved That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Deputy Premier, the Honourable Steve Clark, Minister of Municipal Affairs, the Honourable Andrea Horwath, Leader of the New Democratic Party, and all MPPs in the Province of Ontario; and Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario and all Ontario municipalities for their consideration. 19. City Council forward City Council's decision on this Item to the provincial government and other representatives named in the Resolution in Part 18 above. 20. City Council forward its decision on this Item to the Large Urban Mayors' Caucus of Ontario. 21. City Council request the Chief Planner and Executive Director, City Planning to send a copy of the report (May 14, 2019) from the City Manager and Chief Planner and Executive Director, City Planning to all residents' associations and all residents who have been involved in development applications, with a letter from the Chief Planner and Executive Director, City Planning. 22. City Council direct the City Manager and the Chief Planner and Executive Director, City Planning and appropriate staff to develop an online resource and public guide to communicate the impacts of Bill 108 to the residents of Toronto in a clear and accessible format. 23. City Council request the Minister of Municipal Affairs and Housing to approve the submitted Official Plan Amendment 405, the Yonge-Eglinton Secondary Plan, adopted by City Council in July 2018 and subsequently forwarded to the Ministry of Municipal Affairs and Housing for a decision, on or before the June 6, 2019 deadline. Planning Act Recommendations 24. City Council request the Province to reconsider the timelines established for review of Planning Act applications before an appeal is permitted to the Tribunal and to return to the timelines that were in effect under Bill 139, the Building Better Communities and Conserving Watersheds Act, 2017. 25. City Council request the Province to permit municipalities to utilize the inclusionary zoning provisions of the Planning Act in broader situations than the proposed protected major transit station and development permit system areas. 26. City Council request the Province to retain the existing Planning Act grounds for appeals of Zoning By-laws and Official Plan Amendments to only include testing for consistency with provincial policy statements, conformity with provincial plans and (for Zoning By-laws) conformity with the Official Plan and to incorporate other legislative measures that would provide for more deference to the decision-making powers of municipal councils. 27. City Council request the Province to revise the name of the proposed "Community Benefits Charge By-law" to the "Community Facilities Charge By-law" to better recognize that community facilities are necessary infrastructure needed to support development pursuant to the Growth Plan. 28. City Council request the Province to provide the later of four years or the expiry of the current Development Charges By-law from the date of enactment of the regulation that sets out any prescribed requirements for the community benefit charges before a municipality must adopt a Community Benefits Charge By-law. 29. City Council request the Province to allow municipalities to calculate the Community Benefits Charge based on per unit charges and without a cap to account for construction of facilities that are not related to land values. 30. City Council request the Province to add the following provisions to Section 37 of the Planning Act as 37(6.1) and (6.2) in Schedule 12 to Bill 108: a) 6.1 Where an owner of land elects to provide an in-kind facility, service or matter because of development or redevelopment in the area to which a community benefits charges by-law applies, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facility, service or matter. b) 6.2 Any agreement entered into under subsection (6.1) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the owner and, subject to the provisions of the Registry Act and the Lands Titles Act, any and all subsequent owners of the land. 31. City Council request the Province to delete subsections 37(15), (16), (17) (18) and (19) and add new subsection 37(15) to the Planning Act that reads: If the municipality disputes the value of the land identified in the appraisal referred to in clause 13(b), the municipality shall request that a person selected by the owner from the list referred to in subsection 37(18) prepare an appraisal of the value of the land as of the valuation date. 32. City Council request the Province to amend subsection 37(20) of the Planning Act to also require the owner to immediately provide any additional payment to the municipality where the appraisal established in 37(15) is more than the initial appraisal provided by the municipality. 33. City Council request the Province address effective transition by amending subsection 37.1 (3) of the Planning Act so that it reads: On or after the applicable date described in subsection (5), the following rules apply if, before that date, an application (complete or incomplete) under Section 34 of the Planning Act has been received by the local municipality for the site or the Local Planning Appeal Tribunal has made a decision to approve a by-law described in the repealed subsection 37(1). Where an application is withdrawn by the owner and a new application is submitted within three years of the effective date, the Planning Act, as it read the day before the effective date, will apply. 34. City Council request the Province to permit annual indexing of the rates based on a blend of property value and construction cost inflation and calculated using public, third-party data if property values continue to be proposed to be used for the purposes of establishing the rate. 35. City Council request the Province to clarify Section 37 provisions in Bill 108 to: a. enable a municipality to have a city-wide Community Benefit Charge By-law or area-specific By-laws provided only one Community Benefit By-law applies in any given area; b. recognize that maximum specified caps may differ in any given area within a municipality based on an analysis of local area needs and the anticipated amount, type and location of development as set out in the respective community benefit strategy; and c. ensure that maximum specified rates as set out in any regulation will be established in consultation with municipalities with regular updates (e.g. no less than every five years) to the maximum specified rate contained within any regulation. 36. City Council request the Province to include a transition provision that specifies that the repeal of any provisions in the Planning Act which set out an alternative parkland dedication requirement will only occur once a municipality has enacted a Community Benefit Charge By-law(s). 37. City Council request the Province to amend Section 42 of the Planning Act to provide additional predictability and transparency between Sections 37 and 42, and to support the achievement of complete communities in accordance with Amendment 1 of the Growth Plan, 2017 as follows: a. enable municipalities to secure the conveyance of land for park purposes as a condition of the development or redevelopment of land along with the ability to secure a community benefits (facilities) charge in accordance with Section 37 of the Planning Act; b. clarify that where a municipality secures the conveyance of land for park purposes as a condition of development or redevelopment, the community benefits (facilities) charge will not include a payment in lieu of parkland for the site; c. revise for residential development the maximum conveyance of land for park purposes to be based on a maximum percent of the development site as determined through a community benefits (facilities) charge strategy and as established by By-law as opposed to 5 percent of the land currently proposed in Bill 108; and d. allow municipalities to set different maximum rates for the conveyance of land for park purposes for residential development based on building type(s) and intensity of development to ensure equitable contributions between different types of residential development and to support parkland need generated by the development. 38. City Council request the Province to amend proposed Bill 108 to allow municipalities to require both the community benefits (facilities) charge and/or the provision of in-kind facilities and the conveyance of land for park purposes in plans of subdivision to achieve complete communities with additional amendments to section 51.1 as per the requested amendments to Section 42 of the Planning Act reflected in Part 37 above. Development Charges Act Recommendations 39. City Council request the Province to delete provisions to delay development charges payment obligations and so preserve the concurrent calculation and payment of development charges. 40. City Council request the Province to not repeal the parkland and community infrastructure component of the Development Charges Act, 1997 in advance of the completion of the Community Benefit Charge Strategy and Community Benefit Charge By-law. 41. City Council request the Province to amend Subsection 2(4) of the Development Charges Act, 1997 to add "parks and recreation, and paramedic services" as growth related capital infrastructure. 42. City Council request the Province to amend Subsection 32(1) of the Development Charges Act, 1997 so that it reads: If a development charge or any part of it remains unpaid after it is payable, the amount unpaid including any interest payable in respect of it in accordance with this Act shall be added to the tax roll and shall be collected in the same manner as taxes and given priority lien status. 43. City Council request the Province to amend Subsection 26.1(2) of the Development Charges Act, 1997 dealing with when a charge is payable, to provide definitions for the types of developments listed. 44. City Council request the Province to delete Subsection 26.1(2) 4. of the Development Charges Act, 1997. 45. City Council request the Province to ensure that the prescribed amount of time referred to in Subsection 26.2(5), (a) and (b) of the Development Charges Act, 1997 be set at no longer than two years. 46. City Council request the Province to amend the Development Charges Act, 1997 by adding the following provisions to permit the entering into and registration of agreements entered into pursuant to Section 27(1) of the Act: 27(4) Any agreement entered into under subsection (1) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the owner and, subject to the provisions of the Registry Act and the Lands Titles Act, any and all subsequent owners of the land. Ontario Heritage Act Recommendations 47. City Council request the Province that if the objection process is to be maintained as currently proposed in Bill 108, a time limit be included within which a person may object, by adding to the end of Subsection 27(7) of the Ontario Heritage Act, "within 30 days of the notice referred to in Subsection (5)." 48. City Council request the Province to amend Section 27 of the Ontario Heritage Act, to provide for a more efficient process for listings to allow an owner to object to a listing at a statutory public meeting before Council makes any decision, and in turn to make proposed Subsection 27(9) (Restriction on demolition, etc.) applicable from the date that notice is given respecting the proposed listing. 49. City Council request the Province to amend Section 29 of the Ontario Heritage Act, to provide for a more efficient process as follows: a. allow an owner to object to a notice of intention to designate at a statutory public meeting before Council makes any decision respecting designation; b. only permit an owner to appeal a notice of intention to designate to the Tribunal, or alternatively only permit an individual who has made an objection at a statutory public meeting to appeal a notice of intention to designate to the Tribunal; c. make the decision of Council to state its intention to designate appealable, rather than the By-law itself and delete the time limit for Designation By-laws to be passed; alternatively, extend the time period to pass a Designation By-law to one year; and d. if the opportunity to object to the Council's decision remains in the Act, then extend time periods for reconsideration of an intention to designate by Council to 180 days, allow for Council's decision to be appealed, and remove the timeframe within which a Designation By-law must be passed. 50. City Council request the Province to amend Part IV of the Ontario Heritage Act to provide clarity on the relationship between the individual heritage values and attributes of properties within the Heritage Conservation Districts and the values and attributes of the District, particularly as it pertains to alterations. 51. City Council request the Province to amend the Ontario Heritage Act Subsections 33(5) and 34(4.1) to change the headings to "Notice of Incomplete Application" and to add the words "that the application is incomplete" after the words "notify the applicant" for clarification. 52. City Council request the Province to amend the Ontario Heritage Act to extend time periods for consideration of alteration from 90 days to 180 days by deleting "90" and replacing it with "180" in Subsections 33(7)1 and 34(4.3)1; and/or make amendments to the Planning Act to state that where an application to alter or demolish is made under Sections 33 or 34 of the Ontario Heritage Act that the timelines in the Ontario Heritage Act prevail to the extent of any conflict for the purposes of the date an appeal may be made under the Planning Act regarding a Planning Act application. 53. City Council request the Province to make the decision of Council to state its intention to designate appealable, rather than the By-law itself, and extend the time period to pass a Designation By-law to one year. Growth Plan Recommendations 54. City Council request the Province to revise Proposed Amendment 1 of the Growth Plan, 2017, policies and mapping to recognize and include additional Provincially Significant Employment Zones in the City of Toronto, including the City's major office parks. 55. City Council support the inclusion of Official Plan Amendment 231 as a matter in process that should be transitioned and therefore not subject to a "A Place to Grow" provincial Plan and request that the Province modify Ontario Regulation 311/06 to add any decision made by Toronto City Council on the day before enactment of the proposed Amendment 1 to the Growth Plan, 2017, but are currently under appeal at the Local Planning Appeal Tribunal.
Staff recommendation as filed
The City Manager and Chief Planner and Executive Director, City Planning recommends that: 1. City Council request the Province to extend the June 1, 2019 timeline on the Environmental Registry of Ontario for comments on proposed Bill 108 to provide additional time for municipalities to comment on the proposed legislation. 2. City Council request the Province to consult with the City prior to issuing any draft regulations associated with proposed Bill 108, before the coming into force of the proposed Bill, such that the City can fully understand and be able to analyze the impact of the proposed Bill changes comprehensively, including the cumulative financial impacts to municipalities. 3. City Council request the Province to enshrine revenue neutrality in the proposed legislation and if not, create a municipal compensation fund to support municipalities whose revenues decline under the proposed community benefit charge regime. 4. City Council request the Province to provide a transparent and thorough stakeholder consultation process in the development of all regulations associated with proposed Bill 108. 5. City Council direct the Chief Financial Officer and Treasurer to report back through the 2020 budget process on any necessary curtailment of growth-related or other capital expenditures resulting from the enactment of proposed Bill 108. 6. City Council authorize the City Manager, the Chief Financial Officer and Treasurer and other City Officials, as appropriate, to provide input to the Province on Bill 108 on policy and financial matters and any associated regulations. 7. City Council forward this report to the Ontario Minister of Municipal Affairs and Housing and the Attorney General for their consideration. Planning Act Recommendations 8. City Council request the Province to reconsider the timelines established for review of Planning Act applications before an appeal is permitted to the Tribunal and to return to the timelines that were in effect under Bill 139, the Building Better Communities and Conserving Watersheds Act, 2017. 9. City Council request the Province to permit municipalities to utilize the inclusionary zoning provisions of the Planning Act in broader situations than the proposed protected major transit station and development permit system areas. 10. City Council request the Province to retain the existing Planning Act grounds for appeals of zoning by-laws and official plan amendments to only include testing for consistency with provincial policy statements, conformity with provincial plans and (for zoning by-laws) conformity with the Official Plan and to incorporate other legislative measures that would provide for more deference to the decision-making powers of municipal councils. 11. City Council request the Province to revise the name of the proposed "community benefits charge by-law" to the "community facilities charge by-law" to better recognize that community facilities are necessary infrastructure needed to support development pursuant to the Growth Plan. 12. City Council request the Province to provide the later of four years or the expiry of the current development charges by-law from the date of enactment of the regulation that sets out any prescribed requirements for the community benefit charges before a municipality must adopt a community benefits charge by-law. 13. City Council request the Province to add the following provisions to Section 37 of the Planning Act as 37(6.1) and (6.2) in Schedule 12: a) "6.1 Where an owner of land elects to provide an in-kind facility, service or matter because of development or redevelopment in the area to which a community benefits charges by-law applies, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facility, service or matter." b) "6.2 Any agreement entered into under subsection (6.1) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the owner and, subject to the provisions of the Registry Act and the Lands Titles Act, any and all subsequent owners of the land." 14. City Council request the Province to delete subsections 37(15), (16), (17) (18) and (19) and add new subsection 37(15) to the Planning Act that reads: "If the municipality disputes the value of the land identified in the appraisal referred to in clause 13(b), the municipality shall request that a person selected by the owner from the list referred to in subsection 37(18) prepare an appraisal of the value of the land as of the valuation date." 15. City Council request the Province to amend subsection 37(20) to also require the owner to immediately provide any additional payment to the municipality where the appraisal established in 37(15) is more than the initial appraisal provided by the municipality. 16. City Council request the Province address effective transition by amending subsection 37.1 (3) so that it reads: "On or after the applicable date described in subsection (5), the following rules apply if, before that date, an application (complete or incomplete) under Section 34 of the Planning Act has been received by the local municipality for the site or the Local Planning Appeal Tribunal has made a decision to approve a by-law described in the repealed subsection 37(1). Where an application is withdrawn by the owner and a new application is submitted within three years of the effective date, the Planning Act, as it read the day before the effective date, will apply." 17. City Council request the Province to permit annual indexing of the rates based on a blend of property value and construction cost inflation and calculated using public, third-party data if property values continue to be proposed to be used for the purposes of establishing the rate. 18. City Council request the Province to clarify Section 37 provisions in Bill 108 to: a) enable a municipality to have a city-wide community benefit charge by-law or area-specific by-laws provided only one community benefit by-law applies in any given area; b) recognize that maximum specified caps may differ in any given area within a municipality based on an analysis of local area needs and the anticipated amount, type and location of development as set out in the respective community benefit strategy; c) ensure that maximum specified rates as set out in any regulation will be established in consultation with municipalities with regular updates (e.g. no less than every five years) to the maximum specified rate contained within any regulation. 19. City Council request the Province to include a transition provision that specifies that the repeal of any provisions in the Planning Act which set out an alternative parkland dedication requirement will only occur once a municipality has enacted a community benefit charge by-law(s). 20. City Council request the Province to amend Section 42 of the Planning Act to provide additional predictability and transparency between Sections 37 and 42, and to support the achievement of complete communities in accordance with Amendment 1 of the Growth Plan, 2017 as follows: a) enable municipalities to secure the conveyance of land for park purposes as a condition of the development or redevelopment of land along with the ability to secure a community benefits (facilities) charge in accordance with Section 37 of the Planning Act; b) clarify that where a municipality secures the conveyance of land for park purposes as a condition of development or redevelopment, the community benefits (facilities) charge will not include a payment in lieu of parkland for the site; c) revise for residential development the maximum conveyance of land for park purposes to be based on a maximum per cent of the development site as determined through a community benefits (facilities) charge strategy and as established by by-law as opposed to 5 per cent of the land currently proposed in Bill 108; and d) allow municipalities to set different maximum rates for the conveyance of land for park purposes for residential development based on building type(s) and intensity of development to ensure equitable contributions between different types of residential development and to support parkland need generated by the development. 21. City Council request the Province to amend proposed Bill 108 to allow municipalities to require both the community benefits (facilities) charge and/or the provision of in-kind facilities and the conveyance of land for park purposes in plans of subdivision to achieve complete communities with additional amendments to section 51.1 as per the requested amendments to Section 42 of the Planning Act reflected in Recommendation 20. Development Charges Act Recommendations 22. City Council request the Province to delete provisions to delay development charges payment obligations and so preserve the concurrent calculation and payment of development charges. 23. City Council request the Province to not repeal the parkland and community infrastructure component of the Development Charges Act, 1997 in advance of the completion of the Community Benefit Charge Strategy and Community Benefit Charge By-law. 24. City Council request the Province to amend Subsection 2(4) of the Development Charges Act, 1997 to add "parks & recreation, and paramedic services" as growth related capital infrastructure. 25. City Council request the Province to amend Subsection 32(1) of the Development Charges Act, 1997 so that it reads: "If a development charge or any part of it remains unpaid after it is payable, the amount unpaid including any interest payable in respect of it in accordance with this Act shall be added to the tax roll and shall be collected in the same manner as taxes and given priority lien status." 26. City Council request the Province to amend Subsection 26.1(2) of the Development Charges Act, 1997 dealing with when a charge is payable, to provide definitions for the types of developments listed. 27. City Council request the Province to delete Subsection 26.1(2) 4. of the Development Charges Act, 1997. 28. City Council request the Province to ensure that the prescribed amount of time referred to in Subsection 26.2(5), (a) and (b) of the Development Charges Act, 1997 be set at no longer than two years. 29. City Council request the Province to amend the Development Charges Act, 1997 by adding the following provisions to permit the entering into and registration of agreements entered into pursuant to Section 27(1) of the Act: "27(4) Any agreement entered into under subsection (1) may be registered against the land to which it applies and the municipality is entitled to enforce the provisions thereof against the owner and, subject to the provisions of the Registry Act and the Lands Titles Act, any and all subsequent owners of the land." Ontario Heritage Act Recommendations 30. City Council request the Province that if the objection process is to be maintained as currently proposed in Bill 108, a time limit be included within which a person may object, by adding to the end of Subsection 27(7) of the Ontario Heritage Act, "within 30 days of the notice referred to in Subsection (5)." 31. City Council request the Province to amend Section 27 of the Ontario Heritage Act, to provide for a more efficient process for listings to allow an owner to object to a listing at a statutory public meeting before Council makes any decision, and in turn to make proposed Subsection 27(9) (Restriction on demolition, etc.) applicable from the date that notice is given respecting the proposed listing. 32. City Council request the Province to amend Section 29 of the Ontario Heritage Act, to provide for a more efficient process as follows: a) allow an owner to object to a notice of intention to designate at a statutory public meeting before Council makes any decision respecting designation; b) only permit an owner to appeal a notice of intention to designate to the Tribunal, or alternatively only permit an individual who has made an objection at a statutory public meeting to appeal a notice of intention to designate to the Tribunal; c) make the decision of Council to state its intention to designate appealable, rather than the bylaw itself and delete the time limit for designation by-laws to be passed. Alternatively, extend the time period to pass a designation by-law to one year; and d) If the opportunity to object to the Council's decision remains in the Act, then extend time periods for re-consideration of an intention to designate by Council to 180 days, allow for Council's decision to be appealed, and remove the timeframe within which a designation bylaw must be passed. 33. City Council request the Province to amend Part IV of the Ontario Heritage Act to provide clarity on the relationship between the individual heritage values and attributes of properties within the Heritage Conservation Districts and the values and attributes of the District, particularly as it pertains to alterations. 34. City Council request the Province to amend the Ontario Heritage Act Subsections 33(5) and 34(4.1) to change the headings to "Notice of Incomplete Application" and to add the words "that the application is incomplete" after the words "notify the applicant" for clarification. 35. City Council request the Province to amend the Ontario Heritage Act to extend time periods for consideration of alteration from 90 days to 180 days by deleting "90" and replacing it with "180" in Subsections 33(7)1 and 34(4.3)1; and/or make amendments to the Planning Act to state that where an application to alter or demolish is made under Sections 33 or 34 of the Ontario Heritage Act that the timelines in the Ontario Heritage Act prevail to the extent of any conflict for the purposes of the date an appeal may be made under the Planning Act regarding a Planning Act application. 36. City Council request the Province to make the decision of Council to state its intention to designate appealable, rather than the by-law itself, and extend the time period to pass a designation bylaw to one year. Growth Plan Recommendations 37. City Council request the Province to revise Proposed Amendment 1 of the Growth Plan, 2017, policies and mapping to recognize and include additional Provincially Significant Employment Zones in the City of Toronto, including the City's major office parks. 38. City Council support the inclusion of OPA 231 as a matter in process that should be transitioned and therefore not subject to a "A Place to Grow" provincial Plan and request that the Province modify O. Reg. 311/06 to add any decision made by Toronto City Council on the day before enactment of the proposed Amendment 1 to the Growth Plan, 2017, but are currently under appeal at the Local Planning Appeal Tribunal.
MM7.3adopted
The purpose of this motion is to improve pedestrian safety at the signalized intersection of Yonge Street and Eglinton Avenue, which has been identified as one of the busiest intersections in the City with high volumes of pedestrian and vehicular traffic. Currently, the west crosswalk at the intersection is restricted for pedestrian movements due to ongoing construction of the Eglinton Crosstown Light Rail Transit. The crosswalks at this intersection provide a direct route to the Toronto Transit Commission Eglinton Station, which is a significant pedestrian generator in the area. Existing road closures and unavailability of all crosswalks has resulted in safety concerns for the pedestrians and residents of the area.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council direct the City Manager to request Metrolinx and Crosslinx Transit Solutions to station pedestrian crossing assistance personnel at the intersection of Yonge Street and Eglinton Avenue from 7:00 a.m. to 7:00 p.m., Monday to Friday, for the duration of construction of the Eglinton Crosstown Light Rail Transit project to safely direct pedestrians across the intersection and that Metrolinx and Crosslinx Transit Solutions be responsible for all cost associated with placement, recruitment and upkeep of the pedestrian crossing assistance personnel.
Staff recommendation as filed
Councillor Mike Colle, seconded by Councillor Jaye Robinson, recommends that: 1. City Council direct the City Manager to request Metrolinx and Crosslinx Transit Solutions to station pedestrian crossing assistance personnel at the intersection of Yonge Street and Eglinton Avenue from 7:00 a.m. to 7:00 p.m., Monday to Friday, for the duration of construction of the Eglinton Crosstown Light Rail Transit project to safely direct pedestrians across the intersection and that Metrolinx and Crosslinx Transit Solutions be responsible for all cost associated with placement, recruitment and upkeep of the pedestrian crossing assistance personnel.
RM7.3adopted
Introduction of Committee Reports and New Business from City Officials
Report of the Executive Committee from Meeting 5 on May 1, 2019 Submitted by Mayor John Tory, Chair Report of the Audit Committee from Meeting 2 on May 3, 2019 Submitted by Councillor Stephen Holyday, Chair Report of the Board of Health from Meeting 6 on May 6, 2019 Submitted by Councillor Joe Cressy, Chair Report of the Economic and Community Development Committee from Meeting 4 on April 29, 2019 Submitted by Councillor Michael Thompson, Chair Report of the General Government and Licensing Committee from Meeting 4 on April 23, 2019 Submitted by Councillor Paul Ainslie, Chair Report of the Infrastructure and Environment Committee from Meeting 4 on April 25, 2019 Submitted by Councillor James Pasternak, Chair Report of the Planning and Housing Committee from Meeting 5 on April 30, 2019 Submitted by Councillor Ana Bailão, Chair Report of the Etobicoke York Community Council from Meeting 5 on April 24, 2019 Submitted by Councillor Mark Grimes, Chair Report of the North York Community Council from Meeting 5 on April 24, 2019 Submitted by Councillor James Pasternak, Chair Report of the Scarborough Community Council from Meeting 5 on April 24, 2019 Submitted by Councillor Jim Karygiannis, Chair Report of the Toronto and East York Community Council from Meeting 5 on April 24, 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.
CC7.4adopted
Appointment of Public Members to the Property Standards Committee
On April 25, 2019, the Nominating Panel - Property Standards Committee conducted interviews and recommended nine candidates to City Council for appointment to the Property Standards Committee.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council appoint the following candidates to the Property Standards Committee, who will serve as public members for a term of office ending on May 15, 2023, and until successors are appointed: Etobicoke York Panel William Dalton Steven Lewis North York Panel Elio Iaboni Shirley Nguyen Scarborough Panel Kiarash Kiai Monica Purdy Toronto and East York Panel Robert Hedley Marie Abraham 2. City Council appoint the following candidate to the Property Standards Committee, who will serve as a public member for a term of office ending on March 30, 2021, and until a successor is appointed: Toronto and East York Panel Laura Herbert 3. City Council direct that Confidential Attachments 1, 2 and 3 to the report (April 17, 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 Property Standards Committee. Confidential Attachments 1, 2 and 3 to the report (April 17, 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 Property Standards Committee.
Staff recommendation as filed
The City Clerk transmits the Decision Letter from the Nominating Panel - Property Standards Committee. The Nominating Panel - Property Standards Committee recommends that: 1. City Council appoint the following candidates to the Property Standards Committee, who will serve as public members for a term of office ending on May 15, 2023, and until successors are appointed: Etobicoke York Panel William Dalton Steven Lewis North York Panel Elio Iaboni Shirley Nguyen Scarborough Panel Kiarash Kiai Monica Purdy Toronto and East York Panel Robert Hedley Marie Abraham 2. City Council appoint the following candidate to the Property Standards Committee, who will serve as a public member for a term of office ending on March 30, 2021, and until a successor is appointed: Toronto and East York Panel Laura Herbert 3. City Council direct that Confidential Attachments 1, 2 and 3 to the report (April 17, 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 Property Standards Committee.
MM7.4adopted
The purpose of this Motion is to create a places of Worship Security Task Force with appropriate City of Toronto services and approach Federal and Provincial Governments for their participation and possible resources to support these security initiatives.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council request the Toronto Police Services Board to consider and report back to the Executive Committee on the feasibility of establishing a Task Force to examine issues related to security, safety and public safety in places of worship, the role a Task Force might play in creating a security plan for the City of Toronto's places of worship, and possible mandate, Terms of Reference and composition, including working with City divisions, agencies and Federal and Provincial Governments.
Staff recommendation as filed
Councillor Mike Colle, seconded by Councillor James Pasternak, recommends that: 1. City Council request the Toronto Police Services Board to consider and report back to the Executive Committee on the feasibility of establishing a Task Force to examine issues related to security, safety and public safety in places of worship, the role a Task Force might play in creating a security plan for the City of Toronto's places of worship, and possible mandate, Terms of Reference and composition, including working with City divisions, agencies and Federal and Provincial Governments.
RM7.4received
Members of Council may file petitions.
City Council on May 14 and 15, 2019, received the following petitions for information: 1. Petition headed "I need your voice - reverse the funding cuts to Toronto Public Health," submitted by Councillor Brad Bradford, Ward 19, Beaches-East York, containing the names of approximately 188 persons. 2. Petition regarding the Provincial health cuts to Public Health, submitted by Councillor Joe Cressy, Ward 10, Spadina-Fort York, containing the names of approximately 8,967 persons.
CC7.5adopted
Appointment of Public Members to the Toronto Community Housing Corporation
The Corporations Nominating Panel will conduct interviews and recommend three candidates to City Council for appointment to the Toronto Community Housing Corporation Board of Directors.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council appoint that following candidates to the Toronto Community Housing Corporation Board of Directors, at pleasure of Council: a. Tim Murphy who will serve as Chair for a term of office ending May 15, 2021, and until a successor is appointed; and b. Adele Imrie and John F. Campbell who will serve as public members for a term of office ending May 25, 2020 and until successors are appointed. 2. City Council direct that Confidential Attachments 1 to 5 to the report (April 29, 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 Community Housing Corporation Board of Directors. Confidential Attachments 1 to 5 to the report (April 29, 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 Community Housing Corporation Board of Directors.
Staff recommendation as filed
The City Clerk transmits the Decision Letter from the Corporations Nominating Panel. The Corporations Nominating Panel recommends that: 1. City Council appoint that following candidates to the Toronto Community Housing Corporation Board of Directors, at pleasure of Council: a. Tim Murphy who will serve as Chair for a term of office ending May 15, 2021, and until a successor is appointed; and b. Adele Imrie and John F. Campbell who will serve as public members for a term of office ending May 25, 2020 and until successors are appointed. 2. City Council direct that Confidential Attachments 1 to 5 to the report (April 29, 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 Community Housing Corporation Board of Directors.
MM7.5adopted
In October 2007 City Council endorsed the City's first Social Development Plan, the Regent Park Social Development Plan. The Regent Park Social Development Plan is a framework designed to manage change and encourage community development in Regent Park throughout and post Revitalization. The plan was created in collaboration with community members, Toronto Community Housing, local agencies, and City staff from Social Development, Finance and Administration Division. The Social Development Plan was initially approved with 75 recommendations aimed at strengthening social inclusion and cohesion. In response to Regent Park moving from a low-income to mixed-income community, the plan aims to address community needs, from employment concerns, access to community facilities, to improving program/service delivery. Recommendations were grouped into four strategic focus areas: Safety, Employment and Economic Opportunities, Community Building and Communications. In 2017, a decade after the Social Development Plan was approved, a refreshment process began. As the Social Development Plan was designed to be a living document, recommendations are meant to address the current and emerging community concerns. The Social Development Plan refreshment process is near completion with a number of changes that have already been implemented. Changes include a clearer governance and accountability structure with regards to the Social Development Plan Stakeholders Table and the Social Development Plan Coordinator. The contract funding for the Social Development Plan Coordinator ends July 2019. This position is absolutely central and integral to ensuring consistent and dedicated oversight of the plan. The Social Development Plan has been supported through a collaborative effort between community members, Toronto Community Housing, agencies working in and around Regent Park, the Daniels Corporation, and City staff. Most recently, in response to the growing need for funding support for the Social Development Plan, United Way announced a three-year plan to build a $1-million Social Impact Investment Fund to drive locally led and locally invested projects in Regent Park. The Daniels Corporation have already committed $250,000 to the fund. Community revitalizations are not just about bricks and mortar. There requires an equal commitment on both the development of new buildings and community development initiatives. As the Regent Park Revitalization is entering the last few phases, Phases 4 and 5, there is an opportunity to ensure the necessary supports and resources are in place. Toronto Community Housing Corporation projects the estimated cost for the final two phases, Phase 4 and 5, to be a total of $349.0M. To date, the Social Development Plan has not been costed. Despite deep community efforts, there remains a gap in resources to operationalize the plan. In order to achieve the City of Toronto's objective of promoting and strengthening community development as outlined in the Regent Park Social Development Plan and Toronto Strong Neighbourhood Strategy 2020, an opportunity emerges to provide the necessary supports and resources for the Social Development Plan in the final few phases in the Regent Park Revitalization.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council direct the Executive Director, Social Development, Finance and Administration to work in collaboration with Toronto Community Housing and the Regent Park Executive Directors Network to establish costing and a schedule for implementation for the Regent Park Social Development Plan, and to report back to the June 26, 2019 meeting of the Economic and Community Development Committee. 2. City Council direct the Executive Director, Social Development, Finance and Administration to consider the feasibility of extending the full-time Social Development Plan Coordinator position and contract for the duration of Phase 4 and 5 of the Regent Park Revitalization and to report back to the June 26, 2019 meeting of the Economic and Community Development Committee.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Ana Bailão, recommends that: 1. City Council direct the Executive Director, Social Development, Finance and Administration to work in collaboration with Toronto Community Housing and the Regent Park Executive Directors Network to establish costing and a schedule for implementation for the Regent Park Social Development Plan, and to report back to the June 26, 2019 meeting of the Economic and Community Development Committee. 2. City Council direct the Executive Director, Social Development, Finance and Administration to consider the feasibility of extending the full-time Social Development Plan Coordinator position and contract for the duration of Phase 4 and 5 of the Regent Park Revitalization and to report back to the June 26, 2019 meeting of the Economic and Community Development Committee.
RM7.5received
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 May 14 and 15, 2019: May 14, 2019 Mayor Tory, during the morning session of the meeting, addressed City Council on the provincial Budget, and the pressure of $177.6 million it puts on the City's finances. The Mayor stated that the cuts threaten the well-being and prosperity of the City, and that he has been joined by a broad range of Councillors in standing up for Toronto in speaking out against the cuts. The Mayor stated it is important that Council send a united message to the residents, as much as to the government, that these cuts will hurt our City and impact on the residents directly; and that he believes it is the residents who will help send a message to the Province, strongly suggesting they should change course. The Mayor stated that it is important that Council also send a clear and united message to the Premier and his government, and that he looks forward to Council's debate on the matter and sending at least three messages: first, Council's profound opposition to these cuts and the unilateral, retroactive way in which they were imposed well into Council's financial year; second, Council's willingness to start over with a businesslike consultative process through which we try to find efficiencies together; and third, Council's resolve to take our concerns and our message to the people of Toronto by whatever means are necessary so that the government will put people and good public policy ahead of party. Councillor Thompson, during the morning session of the meeting, welcomed the Grade 4 and 5 students from Sathya Sai School who were present in the Council Chamber with their principal and teachers, and the leaders of the Walk for Values, which raises awareness of five human values. Council Thompson advised Council that the students will be walking on Sunday, May 26th. Council Thompson also invited Members of Council to join the students on May 23rd when they will be coming to Nathan Phillips Square to raise a flag at 12:00 noon.
CC7.6adopted
1211 Caledonia Road - Appeal of Official Plan Amendment 231 - Local Planning Appeal Tribunal Hearing
Lissard Holdings Limited, the owner of the property municipally known as 1211 Caledonia Road (the Site), has appealed Official Plan Amendment No. 231 (OPA 231) respecting the Site to the Local Planning Appeal Tribunal (LPAT). City Council adopted OPA 231 policies for the entire city following the Five-Year Official Plan and Municipal Comprehensive Reviews regarding employment lands. The City Solicitor requires further directions for an upcoming LPAT pre-hearing conference.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 2019) from the City Solicitor. 2. City Council authorize the public release of: a. the confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 2019) from the City Solicitor and City Council direct that the balance of the Confidential Attachment 1 to the report (May 6, 2019) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege; b. Confidential Attachment 2 to the report (May 6, 2019) from the City Solicitor; and c. Confidential Attachment 3 to the report (May 6, 2019) from the City Solicitor. The confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the without prejudice offer to settle site specific Appeal No. 118 (with respect to 1211 Caledonia Road) to Official Plan Amendment 231, dated April 8, 2019, as set out in Confidential Attachment 2 to the report (May 6, 2019) from the City Solicitor and City Council direct the City Solicitor and other staff to attend at the Local Planning Appeal Tribunal in support of the settlement. Confidential Attachments 2 and 3 to the report (May 6, 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 (May 6, 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. If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of: a. the recommendations contained in the Confidential Attachment 1, with the remainder of the Confidential Attachment 1 to remain confidential, as it contains advice subject to solicitor-client privilege; b. Confidential Attachment 2; and c. Confidential Attachment 3.
MM7.6adopted
Toronto has rich history. Commemorating significant contributors who had an impact the City's fabric is important. William George Barker, Victoria Cross recipient, born in 1894, first came to live in Toronto in 1919 following World War I with his best friend Billy Bishop. Mr. Barker would call the City of Toronto his home until his death in 1930. During his short life, William G. Barker VC had a substantial influence on the City with his numerous achievements including: created the first commercial airline ("Bishop Barker Airlines") that flew out of Armour Heights and from Lake Ontario by what is aptly named Billy Bishop Toronto City Airport; requested the first landing rights at the City Island for a venture that flew passengers from Toronto to Muskoka during the summer months; with Billy Bishop, began what is now known as the Toronto International Air Show; was the first President of the newly christened Toronto Maple Leafs under new owner Conn Smythe, whom William G. Barker had taught to be an "Airborne Observer" for the Royal Air Force while they were both in France; was the first Executive Director (pro tem) of the Royal Canadian Air Force; was the first President of the Aero Club of Canada (Toronto); delivered the first piece of commercial cargo in North America between Toronto-New York City-Montreal-Toronto; the first pilot to make a transcontinental flight from Toronto's Leaside to New York City; introduced parachutes to the Canadian Air Force; and today William G. Barker remains the most decorated military service person in the entire British Empire. The City of Toronto however does not have a visible memorial to celebrate William Barker VC in order for his story to be told and remembered. His inspirational life story can reach our youth and teach them to strive for greatness no matter their age or path in life. A bronze statue has been crafted by renowned Canadian sculptor Armando Barbon with the approval of the descendants of William G. Barker. It is unique as it shows Barker in his Canadian Air Force uniform at the time he was appointed the first leader of the Royal Canadian Air Force. The statue is complete, is fully paid for and is currently resting at the Artcast foundry in Brampton, Ontario. Notably, to expand its presence in Toronto, in 2018 the Royal Canadian Air Force commemorated William G. Barker's contribution to the Toronto Maple Leafs by retiring its consecrated Royal Canadian Air Force colours to Maple Leaf Sports and Entertainment-an unprecedented act in the history of the Canadian Forces. The flags are now on permanent display at the Scotiabank Arena at its main entrance. William G. Barker was loved by the people of Toronto, borne out by the fact that 54,000 citizens turned out for his funeral - the largest ever in Toronto's history - when he was laid to rest in Mount Pleasant Cemetery. In 2024 the Royal Canadian Air Force will celebrate its 100th Anniversary - a celebration that will honour the men and women who have and currently serve in the Royal Canadian Air Force, and especially recognize its first Executive Director, William George Barker. A suitable location for the Statue to be placed is now required along with a taxable tax receipt for the primary benefactor.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council accept the donation of the William Barker Memorial Statue by Armando Barbon, subject to the conditions of the Public Art and Monuments Donations Policy and subject to a donation agreement with the Donor, and City Council request City staff to determine the location for the statue in a high-pedestrian-volume site within the former City of Toronto area.
Staff recommendation as filed
Councillor Paul Ainslie, seconded by Mike Layton, recommends that: 1. City Council accept the donation of the William Barker Memorial Statue by Armando Barbon, subject to the conditions of the Public Art and Monuments Donations Policy and subject to a donation agreement with the Donor, and City Council request City staff to determine the location for the statue in a high-pedestrian-volume site within the former City of Toronto area.
RM7.6amended
City Council will review the Order Paper.
May 14, 2019: City Council adopted the May 14, 2019, Order Paper, as amended, and all other Items not held on consent. May 15, 2019: City Council adopted the May 15, 2019, Order Paper.
CC7.7adopted
On June 20, 2013 a Zoning By-law Amendment application was submitted to the City for a 10-storey mixed-use building. A revised application was submitted in October, 2017, for a 27-storey, 96.25 metre (including mechanical penthouse) mixed-use building on a larger site with the addition of two properties at 306 and 310 Davenport Road. The applicant appealed the Zoning By-law Amendment application for the October, 2017 proposal to the Local Planning Appeal Tribunal ("LPAT") citing Council's failure to make a decision on the application within the timeframe prescribed by the Planning Act. A 2-week hearing is scheduled to commence on June 24, 2019. On April 18, 2019, revised plans dated April 15, 2019, for an amended proposal for a 25-story mixed-use building were submitted to the City, and on May 2, 2019 a Planning Rationale Addendum Letter for the revised proposal was provided (together the "Revised Proposal"). The Revised Proposal will be in front of the LPAT at the hearing. The City Solicitor seeks direction on the revised proposal no later than the completion of the City Council meeting on May 14, 2019.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 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 (May 6, 2019) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (May 6, 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 (May 6, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council direct the City Solicitor and City Staff, as appropriate, to attend the Local Planning Appeal Tribunal to oppose the Zoning By-law Amendment application for 306-326 Davenport Road in its present form. 2. City Council direct City staff to continue discussions with the applicant and authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor, to accept a further revised proposal, subject to the resolution of the outstanding issues identified in Item 2018.TE32.13, the (April 16, 2018) report from the Acting Director, Community Planning, Toronto and East York District. 3. City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act, should the proposal be approved in some form by the Local Planning Appeal Tribunal. 4. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that: a. the final form of the Zoning By-law Amendments are to the satisfaction of the Director, Community Planning, Toronto and East York District and the City Solicitor; b. the owner has provided a wind tunnel test, that is satisfactory to the Director, Community Planning, Toronto and East York District; c. the owner has provided an updated Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the owner has provided an updated Hydrogeological Report and supporting documents addressing any on-site groundwater to the satisfaction of the General Manager, Toronto Water; and e. community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Director, Community Planning, Toronto and East York District and the City Solicitor. 5. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 to the report (May 6, 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 recommendations in Confidential Attachment 1. 2. If the City Solicitor's confidential recommendations are adopted by Council, then City Council authorize the public release of the recommendations contained in Confidential Attachment 1 (with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege).
MM7.7adopted
Officials and parents from the Madonna Catholic Secondary School as well as executive members of the local Wilson Business Improvement Area have pointed out that there are a large number of students awaiting Toronto Transit Commission buses especially during the afternoon dismissal. The Toronto Transit Commission stop at the north-east corner of Wilson Avenue and Dubray Avenue poses a safety concern owing to the limited size of the concrete sidewalk waiting area. School officials as well as the Toronto Catholic District School Board have stated verbally that they are amenable to moving the fence north of the sidewalk at that location should that be required to improve student safety.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council direct the General Manager, Transportation Services, in consultation with Toronto Transit Commission staff, and appropriate staff of the Toronto Catholic District School Board and the Toronto District School Board, to review the current bus stop and sidewalk configuration at the north-east corner of Wilson Avenue and Dubray Avenue and report back to the North York Community Council by the June 25, 2019 meeting, such report to include: a. a plan to improve safety by reducing overcrowding which may include an encroachment agreement with the Toronto Catholic School Board to move the fence further back from the sidewalk at the Madonna Catholic Secondary School; and b. a potential funding source to proceed with the suggested plan.
Staff recommendation as filed
Councillor James Pasternak, seconded by Councillor Mike Colle, recommends that: 1. City Council direct the General Manager, Transportation Services, in consultation with the Toronto Transit Commission staff, and appropriate staff of the Toronto Catholic District School Board and Toronto District School Board, to review the current bus stop and sidewalk configuration at the north-east corner of Wilson Avenue and Dubray Avenue and report back to the North York Community Council by the June 25, 2019 meeting, such report to include: a. a plan to improve safety by reducing overcrowding which may include an encroachment agreement with the Toronto Catholic School Board to move the fence further back from the sidewalk at the Madonna Catholic Secondary School; and b. a potential funding source to proceed with the suggested plan.
CC7.8adopted
44 Jackes Avenue and 33 Rosehill Avenue - Zoning Amendment Application - Request for Directions
An application to permit a 29 storey rental building at the northwest corner of Jackes Avenue and Rosehill Avenue was appealed to the Local Planning Appeal Tribunal for a lack of decision by City Council within the statutory timeframes. A hearing has been scheduled to commence on July 24, 2019. The City Solicitor requires further direction regarding this matter.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 2019) from the City Solicitor. 2. City Council authorize the public release of confidential instructions 1, 2 and 3 to staff in Confidential Attachment 1 to the report (May 6, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 6, 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. Confidential instructions 1, 2 and 3 to staff in Confidential Attachment 1 to the report (May 6, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the without prejudice settlement offer dated May 6, 2019 attached as Public Attachment 1 to the report (May 6, 2019) from the City Solicitor. 2. City Council direct the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the revised development set out in the architectural plans prepared by Hariri Pontarini Architects dated May 3, 2019 and attached as Public Appendix A to Public Attachment 1 to the report (May 6, 2019) from the City Solicitor. 3. City Council authorize the City Solicitor and appropriate City staff to take all necessary steps to execute the without prejudice settlement offer dated May 6, 2019. The balance of Confidential Attachment 1 to the report (May 6, 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 (May 6, 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. 2. City Council authorize the public release of the confidential recommendations 1, 2 and 3 in Confidential Attachment 1 if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
MM7.8adopted
At its meeting of July 23, 24, 25, 26, 27 and 30, 2018, City Council adopted Item EY32.9, which approved the amendment of former City of York Zoning By-law 1-83 for the lands at 10 Wilby Crescent to permit the development of a 22-storey apartment building by a non-profit corporation as owner. Item EY32.9 also required that the owner enter into a Section 37 agreement securing certain community benefits and that certain pre-conditions be fulfilled before the Bills enacting the Zoning By-law amendment can be brought to Council for enactment. Parts 3.b.iii, 4.d, and 5.b of Item EY32.9 require the owner to construct a sidewalk along the west side of Wilby Crescent from Hickory Tree Road to Weston Road, with the owner being reimbursed for this work under the City's Missing Sidewalks Capital Program. The purpose of the Motion is to delete the requirements for the owner to construct the sidewalk on Wilby Crescent in the Section 37 Agreement, for the sidewalk to be constructed prior to enactment of the Bill, and for the owner to enter into a Municipal Infrastructure Agreement to construct the sidewalk as a part of Site Plan Control. This amendment is consistent with comments from the Public Realm staff who have advised that it is preferable that the City construct the sidewalk. Additionally, Part 4.a of Item EY32.9 requires, before the introduction of the Bill to Council for enactment, the successful stop-up and closure of the portion of Hickory Tree Road that is located beyond the proposed cul-de-sac and the transfer of this land to the City's Parks, Forestry and Recreation Division. This Motion proposes to delete the requirement for the successful stop-up and closure of the portion of Hickory Tree Road located beyond the proposed cul-de-sac and the transfer of this land to the Parks, Forestry and Recreation Division. Planning Staff understand that, as approval of the internal transfer of the land from the Transportation Division to the Parks, Forestry and Recreation Division will be a matter heard before the Technical Review Committee at its meeting to be held on May 30, 2019, and staff are still under instruction to complete this requirement, however this requirement is not necessary as a pre‑condition for enactment of the Bill.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council amend its decision on Item EY32.9, adopted on July 23, 24, 25, 26, 27 and 30, 2018, by: a.deleting the following Part 3.b.iii: iii.construction of a new sidewalk along the west side of Wilby Crescent between Hickory Tree Road and Weston Road; b. deleting the following Part 4.a: a. the successful stop-up and closure of the portion of Hickory Tree Road that is located beyond the proposed cul-de-sac and transfer of this land to Parks, Forestry and Recreation; c. deleting the following Part 4.d: d. the proponent will be responsible for the construction of the sidewalk along the westside of Wilby Crescent between Hickory Tree Road and Weston Road as per an approved site plan and functional plan to be accepted by the Chief Engineer and Executive Director, Engineering and Construction Services. The Applicant shall be reimbursed under the City's Missing Sidewalks Capital Program. and d.deleting the following Part 5.b: b. the owner, at its own expense, to construct a 2.1 metre sidewalk from the site to Weston Road; and 2. City Council direct the City Solicitor to amend the draft Zoning By-law amendment for 10 Wilby Crescent to: a. reflect the removal of the requirement for the owner to construct the sidewalk along the west side of Wilby Crescent from Hickory Tree Road to Weston Road shown in Attachment 1 to MM7.8; and b. require the construction of certain municipal services prior to occupation of any building or structure on 10 Wilby Crescent as set out in Attachment 1 to MM7.8. 3. City Council determine that pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to the Zoning By-law Amendment for 10 Wilby Crescent.
Staff recommendation as filed
Councillor Frances Nunziata, seconded by Councillor Ana Bailão, recommends that: 1.City Council amend its decision on Item EY32.9, adopted on July 23, 24, 25, 26, 27 and 30, 2018, by: a.deleting the following Part 3.b.iii: iii.construction of a new sidewalk along the west side of Wilby Crescent between Hickory Tree Road and Weston Road; b. deleting the following Part 4.a: a. the successful stop-up and closure of the portion of Hickory Tree Road that is located beyond the proposed cul-de-sac and transfer of this land to Parks, Forestry and Recreation; c. deleting the following Part 4.d: d. the proponent will be responsible for the construction of the sidewalk along the westside of Wilby Crescent between Hickory Tree Road and Weston Road as per an approved site plan and functional plan to be accepted by the Chief Engineer and Executive Director of Engineering and Construction Services. The Applicant shall be reimbursed under the City's Missing Sidewalks Capital Program. and d.deleting the following Part 5.b: b. the owner, at its own expense, to construct a 2.1 metre sidewalk from the site to Weston Road; and 2. City Council direct the City Solicitor to amend the draft Zoning By-law amendment for 10 Wilby Crescent to: a. reflect the removal of the requirement for the owner to construct the sidewalk along the west side of Wilby Crescent from Hickory Tree Road to Weston Road shown in Attachment 1 to MM7.8.; and b. require the construction of certain municipal services prior to occupation of any building or structure on 10 Wilby Crescent as set out in Attachment 1 to MM7.8. 3. City Council determine that pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to the Zoning By-law Amendment for 10 Wilby Crescent.
CC7.9adopted
After an appeal to the Local Planning Appeal Tribunal, on April 16, 2018, the applicant submitted a revised proposal, for a 12-storey (42.3-metre, plus 3.26-metre mechanical penthouse) mixed-use building at 183-189 Avenue Road and 109-111 Pears Avenue. The proposal included 447 square metres of retail and 6,951 square metres of residential floor area resulting in a total density of 6.3 times the area of the lot, and a proposed 80 square metre parkland dedication. At its meeting on July 23, 2018, City Council adopted the Recommendations in the (June 25, 2018) report from the Acting Director, Community Planning, Toronto and East York District, directing the City Solicitor, together with appropriate City staff, to attend the Local Planning Appeal Tribunal to oppose the applicant's appeal. The applicant has subsequently amended their application reducing the height of the proposed building to 10-stories (plus a wrapped mechanical penthouse), although the applicant refers to the height as 9 storeys (plus mechanical penthouse). The site contains the heritage property at 183 Avenue Road which is listed on the City's Heritage Register. The City Solicitor seeks direction on the revised proposal no later than the completion of the City Council meeting on May 14, 2019.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 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 (May 6, 2019) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (May 6, 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 (May 6, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council refuse the Settlement Offer dated April 16, 2019 and direct the City Solicitor and staff to attend the Local Planning Appeal Tribunal in opposition to the revised proposed development. 2. City Council direct City staff to continue discussions with the applicant and authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor, to accept a further revised proposal, subject to the resolution of the outstanding issues identified in Item 2018.TE34.42, the June 25, 2018 report from the Acting Director, Community Planning, Toronto and East York District. 3. City Council require: a. an on-site parkland dedication pursuant to Section 42 of the Planning Act be conveyed to the City, in the location and configuration described and set out in the report (June 25, 2018) from the Acting Director, Community Planning, Toronto and East York District, to the satisfaction the General Manager, Parks, Forestry and Recreation; b. the owner to pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; and c. the owner to enter into an agreement with the City, pursuant to Section 37 of the Planning Act, to secure services, facilities or matters as may be required to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor. 4. If the appeal is approved the Local Planning Appeal Tribunal, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order approving the application until such time as: a. the Local Planning Appeal Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the City; b. the owner has entered into one or more agreements with the City, pursuant to Section 37 of the Planning Act, to secure, at the owner's expense, facilities, services and matters to be additionally set forth in the related site specific Zoning By-law Amendments, and any agreement is registered on the lands at 183-189 Avenue Road and 109-111 Pears Avenue all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; c. the owner provides any necessary modifications to the Functional Servicing Report, Stormwater Management Report and Hydrogeological Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the owner submits a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning and that any mitigation measures be secured in the Section 37 Agreement; and e. the owner obtains any necessary approvals under section 42 of the Ontario Heritage Act to alter the building located at 183 Avenue Road. 5. If the property at 183 Avenue Road is designated under Part IV of the Ontario Heritage Act following consultation with the Toronto Preservation Board and approval by City Council, if the appeal is approved by the Local Planning Appeal Tribunal, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order approving the application until such time as the owner has: a. entered into a Heritage Easement Agreement with the City for the property at 183 Avenue Road substantially in accordance with plans and drawings prepared by Brisbin Brook Beynon Architects dated April 10, 2019 and the Heritage Impact Assessment prepared by ERA Architects Inc. dated March 8, 2018 subject to and in accordance with the approved Conservation Plan required in Part 5.b. below all to the satisfaction of the Senior Manager, Heritage Preservation Services including execution of such agreement to the satisfaction of the City Solicitor, following consultation with the Toronto Preservation Board and authorized by City Council; and b. provided a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 183 Avenue Road prepared by ERA Architects Inc. dated March 8, 2018 and the architectural plans and drawings prepared by Brisbin Brook Beynon Architects dated April 10, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services. 6. City Council direct that prior to Final Site Plan approval in connection with the Zoning By-law Amendment for the properties at 183-189 Avenue Road, the owner shall: a. provide final site plan drawings including drawings related to the approved Conservation Plan required in Part 5.b. above to the satisfaction of the Senior Manager, Heritage Preservation Services; b. provide an Interpretation Plan for the property 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 c. provide a Signage Plan for the proposed development to the satisfaction of the Senior Manager, Heritage Preservation Services. 7. City Council direct that prior to the issuance of any permit for all or any part of the properties at 183-189 Avenue Road, including a heritage permit, a building permit or a demolition 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: a. obtain final approval for the necessary by-law amendments required for the alterations to the properties at 183-189 Avenue Road, such amendments to have been enacted by City Council in connection with an Local Planning Appeal Tribunal Order and to have come into effect in a form and with content acceptable to City Council as determined by the Director, Urban Design, City Planning, in consultation with the Senior Manager, Heritage Preservation Services; b. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 5.b. 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 c. 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. 8. City Council direct that prior to the release of the Letter of Credit required in Part 7.c. above, the owner shall: a. 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 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 b. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services. 9. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision. The balance of Confidential Attachment 1 to the report (May 6, 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 recommendations in Confidential Attachment 1. 2. If the City Solicitor's confidential recommendations are adopted by Council, then City Council authorize the public release of the recommendations contained in Confidential Attachment 1 (with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege).
MM7.9adopted
In 1994, a professional association of independent filmmakers from across Canada (CIFC, now DOC) established Hot Docs. In 1996, Hot Docs was separately incorporated as an independent, non-profit organization and a year later acquired charitable status from Revenue Canada. In 1999, Hot Docs made a dramatic shift in how it delivered its mandate, opening the Festival to a public audience for the first time and drawing a crowd of 7,000. Starting off with no full-time staff, one computer, one phone, and a calling to find, screen, develop, launch, and support the best docs and their makers, Hot Docs grew out of an existing void in the arts spectrum. The organization's success stems from growing the profile and public accessibility of creative documentary works, and from growing levels of activity while ensuring programming excellence. Today, Hot Docs Canadian International Documentary Festival is North America's largest documentary festival (and second largest film festival), conference and market. Each year Hot Docs welcomes over 223,000 attendees to over 470 screenings on 16 Toronto screens, including 123,000 students in Grades 7 to 12. Hot Docs serves 2,698 emerging and established documentary professionals, 450 programmers, commissioning editors, buyers and distributors worldwide, and 325 accredited media representatives. Hot Docs Festival has an incredibly diverse audience, due in part to the incredible range of films, subject matter, geographic representation and filmmaker perspectives presented each year. To grow the diversity of its audience base, the organization takes pride in collaborating with other organizations and events noted for their specializations in servicing specific communities and increasing community access to documentaries that advance their work. Hot Docs manages several year-round programs that support the organization's mandate: Doc Soup, a monthly screening and discussion series in Toronto and Calgary; Docs For Schools, connecting over 123,000 students (50,000 in Toronto) Grades 7 to 12 with stimulating documentary films linked directly to the Ontario curriculum. A national Docs for Schools Program is under development; and Hot Docs Showcase, bringing the Festival's top documentary films to audiences outside of Toronto and Ontario. Throughout the year, Hot Docs also provides much-needed financial support to documentary film artists facing financing gaps at critical stages in their projects through three separate production funds. In 2012 and in partnership with Blue Ice Group, Hot Docs began managing operations for the Bloor Hot Docs Cinema, a century old 727-seat theatre located in Toronto's Annex neighbourhood. In June 2016 a generous gift from the Rogers Family enabled Hot Docs to purchase the since renamed Hot Docs Ted Rogers Cinema, giving a permanent home base for independent doc makers and the best in documentary programming into the future. The Cinema is a Toronto landmark, community hub, and one of the only documentary-focused cinemas in the world. Annually, the Hot Docs Ted Rogers Cinema screens more than 200 Canadian and international documentaries for 200,000 people and maintains a membership of 8,500 committed documentary lovers. The Cinema continues to solidify its reputation as a preeminent exhibitor of documentary film, while expanding the offering of live events and community gatherings. The 2018 Hot Docs Canadian International Documentary Festival and its associated non-Festival activities generated an estimated $54,402,190 in actual and expected expenditure in Canada. This translates to a positive estimated impact of $54.7 million on the total GDP of Ontario, 657 jobs and $19.4 million in tax revenue. The Hot Docs Ted Rogers Cinema has never been in debt and despite all of Hot Docs economic contributions to the City of Toronto; only 2 percent of the Hot Docs annual budget is made up of City of Toronto funding. As a registered charity, Hot Docs currently receives a 40 percent property tax rebate. A property tax exemption would provide an estimated $70,000 in additional assistance to Hot Docs, which would allow the organization to continue growing the impact of documentary film across the City, Province and Country. It will also enable Hot Docs to further grow initiatives designed to directly support Toronto artists, to engage communities across the Toronto's neighbourhoods, and to grow accessibility, diversity and equity across programs for public audiences and practitioners.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council confirm its support of the Hot Docs Canadian International Documentary Festival and Hot Docs Ted Rogers Cinema in its efforts to obtain Provincial legislation that would enable City Council to exempt Hot Docs from property taxes related to the Hot Docs Ted Rogers Cinema, 506 Bloor Street West.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Michael Thompson, recommends that: 1. City Council confirm its support of the Hot Docs Canadian International Documentary Festival and Hot Docs Ted Rogers Cinema in its efforts to obtain Provincial legislation that would enable City Council to exempt Hot Docs from property taxes related to the Hot Docs Ted Rogers Cinema, 506 Bloor Street West.
CC7.10amended
The purpose of this report is to seek further instruction for the Local Planning Appeal Tribunal (LPAT) hearing on the appeal of the Zoning By-law amendment application at 129-131 McCaul Street, 292-294 Dundas Street West and 170 St. Patrick Street. A hearing is scheduled on this matter for July 8, 2019. This report was prepared in consultation with City Planning.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 2019) from the City Solicitor, as amended by motion 1 by Councillor Layton. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended by motion 1 by Councillor Layton, and Confidential Appendices A and B to the report (May 6, 2019) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (May 6, 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 (May 6, 2019) as amended by motion 1 by Councillor Layton, were adopted by City Council and are now public, as follows: 1. City Council accept the settlement offer as set out in Confidential Appendix A to the report (May 6, 2019) from the City Solicitor. 2. City Council authorize the City Solicitor to advise the Local Planning Appeal Tribunal that City Council supports a settlement in principle for the Zoning By-law Amendment appeal for the property at 292-294 Dundas Street West, 129-131 McCaul Street and 70 St. Patrick Street, as generally shown in the plans by Graziani + Corazza Architects, dated April 29, 2019, subject to modifications to the satisfaction of the Chief Planner and Executive Director, City Planning, and subject to the following: a. a maximum height of 100.5 metres, to the top of the mechanical penthouse; b. a total gross floor area of 22,966 square metres, containing a maximum residential gross floor area of 20,833 square metres, a minimum 192 square metres of retail use on the ground, with uses such as ancillary church space and day care located within the building to be determined to the satisfaction of the Chief Planner and Executive Director, City Planning; c. a minimum of 15 percent of the dwelling units in the development will be 2 bedrooms or larger; a minimum of 10 percent of the dwelling units will be 3 bedroom units or larger; the 3-bedroom units will have a minimum size of 840 square feet; and a maximum of 15 percent studio units will be permitted; d. a maximum of 60 vehicular parking spaces; e. bicycle parking will be provided in accordance with the standards in Zoning By-law 569-2013 or the Toronto Green Standard, whichever is higher; f. indoor amenity space will be provided at a rate of at least 1.5 square metres per residential dwelling unit and outdoor amenity space will be provided at a rate of 1.5 square metres per residential dwelling unit; g. balconies will not be permitted along the Dundas Street West frontage, and in locations where they are permitted will be provided at a maximum depth of 1.5 metres; h. the conveyance of no less than 0.0261 hectares (261 square metres) of the development site for public parkland purposes; the subject parkland conveyance is to be free and clear, above and below grade of all physical obstructions and easements, encumbrances and encroachments, including surface and subsurface easements, unless otherwise approved by the General Manager, Parks, Forestry and Recreation; i. the Owner is to pay for the costs of the preparation and registration of all relevant documents; the Owner shall provide to the satisfaction of the City Solicitor all legal descriptions and applicable reference plans of survey for the new parkland; j. the proposed retaining wall north of the parkland is to be located a minimum of 15.25 centimetres off the north park property line, on private lands; k. the Owner shall ensure that the grading and drainage of the adjacent development blocks are compatible with the grades of the parkland to the satisfaction of the General Manager, Parks, Forestry and Recreation; l. notwithstanding Chapter 415 - 28 of the Municipal Code, all parkland related work and timing of such work, including conveyance of the on-site parkland dedication as well as the build out of the park to Base and Above Base Park Improvements, is to be completed to the satisfaction of the General Manager, Parks, Forestry and Recreation; m. the conveyance of a fully equipped 62 space day care, in accordance with the City's Child Care Development Guideline, 2016, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Children Services; and n. prior to the issuance of the final order from the Local Planning Appeal Tribunal the following must be completed: i. the draft Zoning By-law Amendment reflecting the foregoing are finalized to the satisfaction of the parties; ii. the Owner has addressed any outstanding items in Part A of Engineering and Construction Services' memorandum dated July 10, 2018, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; iii. the Owner has prepared a queuing analysis for the loading area and car elevators, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; iv. the Owner has prepared a revised Functional Servicing Report, revised Stormwater Management Report and revised Hydrogeological Assessment to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; v. the Owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to support the development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; vi. the Owner has entered into an agreement with the abutting property at 141 McCaul Street to allow for the loading manoeuvring to occur offsite of the subject property; this agreement shall be to the satisfaction of the General Manager, Transportation Services; vii. the Owner has entered into an agreement with the abutting property owner at 141 McCaul Street to ensure future separation distances between the two properties are not further affected; this agreement shall be to the satisfaction of the City Solicitor; viii. the Owner and the City have entered into/and or registered a Section 37 Agreement to the satisfaction of the City Solicitor to secure the following benefits: A. the conveyance of a fully equipped 62-spot day care, to the satisfaction of the General Manager of Children Services; B. a cash contribution of four hundred thousand dollars ($ 400,000 CAD) to be paid to the City prior to the issuance of the final order from the Local Planning Appeal Tribunal towards the relocation of the on-site daycare, with any remaining funds directed towards affordable housing in the local ward, with the allocation to be determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; C. the $400,000 CAD contribution referred to in Part B. above to be increased by upwards index in accordance with the apartment 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 Section 37 Agreement to the date each such payment is made; D. in the event the cash contribution referred to in condition B. and C. above has not been used for the intended purpose(s) within three (3) years of the Zoning By-law coming into force and effect, the cash contribution may be redirected for another purposes(s), provided that the purposes(s) is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands; and E. the conveyance of no less than 0.0261 hectares (261 square metres) of the development site for public parkland purposes; the subject parkland conveyance is to be free and clear, above and below grade of all physical obstructions and easements, encumbrances and encroachments, including surface and subsurface easements, unless otherwise approved by the General Manager, Parks, Forestry and Recreation; and ix. the Section 37 Agreement will also secure the following matters as a legal convenience to support the development: A. prior to the issuance of Site Plan approval, the Owner shall submit a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; B. the Owner agrees to design and construct the Above Base Park Improvements to the new park for a development change credit against Parks and Recreation component of the Development Charges 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 installing 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; the Owner is required to submit a design and cost estimate to be approved by the General Manager, Parks, Forestry and Recreation, and a letter of credit equal to 120 percent of the Parks and Recreation Development Charges payable for the development; and the design, cost estimate and ultimately the letter of credit will be required prior to the issuance of the first above grade building permit; C. the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning be authorized to finalize the elements of the settlement, including the final form of the amending Zoning By-laws and other related planning instruments in accordance with the above conditions; and D. 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. Confidential Appendices A and B to the report (May 6, 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 (May 6, 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 recommendations contained in Confidential Attachment 1. 2. City Council authorize the public release of the recommendations contained in the Confidential Attachment 1, Confidential Appendix A and B, if adopted by City Council, but that the remainder of the Confidential Attachment 1 remain confidential, as it contains advice which is subject to solicitor-client privilege.
MM7.10adopted
This Motion seeks authority to increase funding for the Monsignor Fraser Parkette Improvements sub-project in the Approved 2019 Parks, Forestry and Recreation Capital Budget by $100,491. The scope of work for the project includes removal of the existing asphalt school yard south of the school building at Monsignor Fraser College located at 700 Markham Street, partial removal of the existing perimeter fencing and installation of new lawn areas, pathways, informal outdoor gathering space, community garden, benches, and picnic tables. City of Toronto Parks, Forestry and Recreation will be entering into a ten-year license agreement with the Toronto Catholic District School Board to use this site as a public park and to oversee operational management and maintenance. This request will amend the total project cost and 2019 cash flow from $300,000 to $400,491 with funding from a Section 37 benefit, in order to award a contract that exceeds the current available budget.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council amend the Approved 2019 Parks, Forestry and Recreation Capital Budget for the Monsignor Fraser Parkette Improvements sub-project in the Park Development project, by increasing the total project cost and 2019 cash flow by $100,491 from $300,000 to $400,491, with funding from the Section 37 for 732, 734, 738 and 740 Spadina Avenue (Source Account: XR3026- 3700115) for park improvements.
Staff recommendation as filed
Councillor Mike Layton, seconded by Councillor Joe Cressy, recommends that: 1. City Council amend the Approved 2019 Parks, Forestry and Recreation Capital Budget for the Monsignor Fraser Parkette Improvements sub-project in the Park Development project, by increasing the total project cost and 2019 cash flow by $100,491 from $300,000 to $400,491, with funding from the Section 37 for 732, 734, 738 and 740 Spadina Avenue (Source Account: XR3026- 3700115) for park improvements.
CC7.11adopted
Dundas Ossington Developments Limited (the "Applicant") is the owner of the property municipally known as 1200 Dundas Street West (the "Subject Property"). In 2017, the Applicant applied for zoning by-law amendment in order to facilitate a proposed redevelopment of the Subject Property. The 2017 proposal included an 8-storey mixed-use building, containing 76 dwelling units, 605 square metres of retail space on the ground floor and a total of 59 parking spaces within an underground garage. It would have a total gross floor area of 6,348 square metres (the "Application"). The Application will require site plan approval, which is yet to be submitted. The Applicant appealed the Application to the Local Planning Appeal Tribunal (the "LPAT") due to City Council's failure to make a decision. The appeal is known as Local Planning Appeal Tribunal File No. PL171337. A four day hearing of this appeal is scheduled to be heard by the Local Planning Appeal Tribunal commencing on May 21, 2019. The City Solicitor is bringing this report for the purpose of requesting instructions for the upcoming Local Planning Appeal Tribunal hearing. City Planning has been involved in the preparation of this report.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 6, 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 (May 6, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (May 6, 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 (May 6, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer dated May 6, 2019 in Confidential Attachment 2 to the report (May 6, 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 the matter of 1200 Dundas Street West in support of the revised proposed development set out in the Settlement Offer in Confidential Attachment 2 to the report (May 6, 2019) from the City Solicitor and as shown on the Revised Plans in Confidential Attachment 3 to the report (May 6, 2019) from the City Solicitor, subject to the Parts set out below. 3. City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law amendment until such time as the Tribunal has been advised by the City Solicitor that: a. the proposed Zoning By-law amendment is in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; b. all engineering matters have been addressed to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services; and c. the Site Plan Approval pre-approval conditions have been finalized or other satisfactory arrangements have been made to secure the following matters to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor: i. screening of the proposed loading space and rooftop mechanical chiller equipment; ii. the location of the required bicycle spaces to ensure they are in locations that are usable and accessible; iii. the dimensions and programming of the outdoor amenity space; iv. the materiality of the base building construction; v. a rounding of the built form at the corner of Dundas Street West and Lakeview Avenue; vi. improvements and final design of the streetscape/boulevard landscaping, including replacement of the existing seating wall; and vii. a Construction Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning. 4. 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 Attachments 2 and 3 to the report (May 6, 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 (May 6, 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 (May 6, 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 Attachment 3, 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.
MM7.11adopted
Save the Artists Network - by Councillor Paula Fletcher, seconded by Councillor Mike Layton
The Creative Capital Gains: An Action Plan for Toronto, adopted by Council in 2011, called for the City to work to ensure a supply of affordable sustainable cultural space and to provide access and opportunities for cultural participation. That report noted the importance of community arts groups as they infuse life into every corner of the City and that community arts provide unique and significant value to both communities and artists. The Artists Network, formerly the Riverdale Artists Network, is a critically important assembly of artists working for artists on Queen Street East and beyond. In their role of bringing the public and artists together, they hosted the well-loved Little Art Show for many years in east Toronto. They initiated and still to this day convene and run the Riverdale Art Walk, now held at Jimmy Simpson Park, every year. Ten years ago there were many galleries on Queen Street East in Riverside and Leslieville. This is no longer the case. Gentrification on Queen Street East has forced The Artist Network to move three times in the last six years but they managed to stay on Queen Street East. Now they once again have to move - by the end of June 2019. They have reached out to ask the City for help in finding accommodation in the east end to continue their work. They have received support letters from Toronto Arts Council and the Local Arts Service Organization, East End Arts, to continue their co-ordinating role for artists and promotion of art in the east end. It would be a terrible loss for the arts community and for east Toronto if this long-standing organization becomes homeless.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council request the General Manager, Economic Development and Culture, in consultation with appropriate City divisions and the local Councillor, to assist in determining the operational needs of The Artists Network and to identify any suitable and available spaces on or near Queen Street East.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Mike Layton, recommends that: 1. City Council request the General Manager, Economic Development and Culture, in consultation with appropriate City divisions and the local Councillor, to assist in determining the operational needs of The Artists Network and to identify any suitable and available spaces on or near Queen Street East.
CC7.12adopted
The purpose of this report is to request instructions regarding a potential global settlement of the action commenced by Carillion Canada Inc. against the City of Toronto and related proceedings, all arising out of the Union Station Revitalization Project's Stage 1 work.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council approve the terms of settlement set out in Confidential Attachment 1 to the report (May 7, 2019) from the City Solicitor and the Deputy City Manager, Corporate Services. 2. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 7, 2019) from the City Solicitor and the Deputy City Manager, Corporate Services. 3. City Council direct that Confidential Attachment 1 to the report (May 7, 2019) from the City Solicitor and the Deputy City Manager, Corporate Services remain confidential in its entirety as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (May 7, 2019) from the City Solicitor and the Deputy City Manager, Corporate Services remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Staff recommendation as filed
The City Solicitor and Deputy City Manager, Corporate Services recommend that: 1. City Council approve the terms of settlement set out in Confidential Attachment 1. 2. City Council adopt the confidential instructions to staff in Confidential Attachment 1; and 3. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.
MM7.12adopted
This Motion will give the City Solicitor authority to attend at the Toronto Local Appeal Body in order to support the Committee of Adjustment's decision refusing the application for minor variance respecting 111 Gough Avenue (Application A0082/18TEY). On April 17, 2019, the Toronto and East York District Panel of the Committee of Adjustment refused an application related to the property municipally known as 111 Gough Avenue to permit the owner to demolish the existing two-storey detached dwelling and to construct a two-storey detached dwelling with a front integral garage and a rear first floor deck. On May 1, 2019, the owner of 111 Gough Avenue appealed the Decision to the Toronto Local Appeal Body. The Application, which will be considered by the Toronto Local Appeal Body, requires variances to City-wide Zoning By-law 569-2013, including: increasing the floor space index; increasing the building height; increasing the rear, side and front exterior main wall heights, increasing the building depth; and providing vehicular access to an integral garage.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council authorize the City Solicitor, along with appropriate City Staff and outside consultants, as necessary, to attend the Toronto Local Appeal Body in order to oppose the Application and related variances requested in Committee Application A0082/18TEY respecting 111 Gough Avenue. 2. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the Application and authorize the City Solicitor to resolve the matter on behalf of the City at the City Solicitor's discretion after consulting with the Ward Councillor and with the Director of Community Planning, Toronto and East York District.
Staff recommendation as filed
Councillor Paula Fletcher, seconded by Councillor Frances Nunziata, recommends that: 1. City Council authorize the City Solicitor, along with appropriate City Staff and outside consultants, as necessary, to attend the Toronto Local Appeal Body in order to oppose the Application and related variances requested in Committee Application A0082/18TEY respecting 111 Gough Avenue. 2. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the Application and authorize the City Solicitor to resolve the matter on behalf of the City at the City Solicitor's discretion after consulting with the Ward Councillor and with the Director of Community Planning, Toronto and East York District.
CC7.13adopted
Item SC6.4 - Traffic and Parking Amendments: Kingston Road, Brimley Road and Barkdene Hills
As the Toronto Transit Commission operates a transit service on Brimley Road, Kingston Road and Barkdene Hills, City Council approval of this report is required. As a result of requests from Councillor Crawford's office, area residents and Parks, Forestry and Recreation Division, Transportation Services staff reviewed the traffic and parking operations in the Bluffers Park neighbourhood. In order to mitigate traffic and parking congestion during the Park's seasonal weekends and public holidays, staff recommend that City Council prohibit southbound through and westbound left turn movements at the intersection of Kingston Road and Brimley Road from 9:00 a.m. to 10:00 p.m., Saturday, Sunday and public holidays from May 1 to September 30, buses excepted and also to prohibit standing on the south side of Barkdene Hills from Brimley Road to Brooklawn Avenue and on both sides of Brimley Road between St Clair Avenue and Kingston Road. The recommended changes will create better sight lines for pedestrian and vehicles in the vicinity of Bluffers Park and help to mitigate traffic congestion during the peak summer weekends and public holidays when Bluffers Park usage is at its peak.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council prohibit southbound through movements from 9:00 a.m. to 10:00 p.m. Saturday, Sunday, and public holidays, buses excepted, from May 1 to September 30 of each year from Brimley Road north of Kingston Road to Brimley Road South. 2. City Council prohibit westbound left turns from 9:00 a.m. to 10:00 p.m. Saturday, Sunday, and public holidays, buses excepted, from May 1 to September 30 of each year, on Kingston Road at Brimley Road. 3. City Council prohibit standing from 9:00 a.m. to 10:00 p.m. Saturday, Sunday, and public holidays from May 1 to September 30 of each year, on the south side of Barkdene Hills, from Brimley Road to Brooklawn Avenue. 4. City Council prohibit standing from 9:00 a.m. to 10:00 p.m. Saturday, Sunday and public holidays from May 1 to September 30 of each year, on both sides of Brimley Road, from St. Clair Avenue East to Kingston Road.
Staff recommendation as filed
The Acting Director, Traffic Management, Transportation Services, recommends that: 1. City Council prohibit southbound through movements from 9:00 a.m. to 10:00 p.m. Saturday, Sunday, and public holidays, buses excepted, from May 1 to September 30 of each year from Brimley Road north of Kingston Road to Brimley Road South. 2. City Council prohibit westbound left turns from 9:00 a.m. to 10:00 p.m. Saturday, Sunday, and public holidays, buses excepted, from May 1 to September 30 of each year, on Kingston Road at Brimley Road. 3. City Council prohibit standing from 9:00 a.m. to 10:00 p.m. Saturday, Sunday, and public holidays from May 1 to September 30 of each year, on the south side of Barkdene Hills, from Brimley Road to Brooklawn Avenue. 4. City Council prohibit standing from 9:00 a.m. to 10:00 p.m. Saturday, Sunday and public holidays from May 1 to September 30 of each year, on both sides of Brimley Road, from St. Clair Avenue East to Kingston Road.
MM7.13amended
The City Manager has recently provided communications to Councillors about significant impacts that the 2019 Provincial budget will have on Toronto's 2019 Capital and Operating Budget. Based on information provided by the City Manager, the Province is proposing a $177.65M cut to funding to the City of Toronto. This will dramatically impact the already approved 2019 City of Toronto budget, because the proposed cuts to Toronto's budget were made retroactively to April 1, 2019, long after the 2019 Capital and Operating Budgets were passed. The estimated pressure on the City of Toronto Council-approved 2019 Budget (based on the best available information to date) is $177.65 million, broken down as follows: o $24 million from the cancellation of planned Provincial Gas Tax Funding o $65 million for Toronto Public Health o $84.8 million for Children's Services o $3.85 million for Toronto Paramedic Services At this Council meeting, the Medical Officer of Health is reporting directly with the detailed impacts that the cuts to Toronto Public Health will have. I know Councillors will want to discuss the broader set of budget impacts, and as a result, I would like the City Manager to present a report containing the information in his various communications to Council, so that they are before Council for consideration at this meeting.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council request the Province of Ontario to reverse the $177.65 million dollars in unilateral, retroactive cuts to the City of Toronto's 2019 Budget. 2. City Council convey its willingness to meet with the Province of Ontario to discuss both governments' budgets and the impact of retroactive, in-year cuts to the residents of Toronto. 3. City Council direct the City Manager to report to the June 6, 2019, or the July 4, 2019, Executive Committee meeting or to a special Executive Committee meeting called by the Mayor prior to the July 16 and 17 City Council meeting, on service cuts and tax changes that may be required to balance the 2019 Operating Budget, as a result of the retroactive cuts imposed by the Province, including the gender and equity impacts of any such changes. 4. City Council direct the City Manager to report to the June 6, 2019, or the July 4, 2019, Executive Committee meeting or a special Executive Committee meeting called by the Mayor prior to the July 16 and 17 City Council meeting, on the following topics: a. economic impacts to the City of Toronto of affordable and accessible child care; b. the potential impact on child care fees for all programs with purchase of service agreements and those centres receiving fee stabilization and general operating grants; c. potential economic loss to the City of Toronto as a result of an epidemic; d. economic impact of tourism to the City and the provincial economy; e. the significance of the City of Toronto to the provincial economy; and f. the net in-and-out flows of tax dollars from the City of Toronto to the Province of Ontario and vice-versa. 5. City Council request the Chair, Budget Committee, in consultation with the City Manager and the City Clerk, to convene Budget Committee or Budget Subcommittee meetings to allow the public to speak on the proposed provincial cuts and their impact on the City of Toronto's Budget, as necessary. 6. City Council direct the General Manager, Children's Services to inform parents on the wait list for subsidies and all parents with children at a City-run or service-contracted child care centre with the City of the impact of the proposed provincial budget cuts and to inform those parents that child care subsidies are now being evaluated and may be at risk. 7. City Council direct the City Manager to inform and educate the public regarding the nature of impact of the proposed provincial budget cuts through, but not limited to, the following methods: a. posting notice at the entrance of all City-owned publicly accessible buildings; b. advertising on all Astral contracted public advertising space, up to the maximum amount allowable under the contract for City advertising; and c. using the City's social media accounts. 8. City Council direct the City Manager to distribute City Council's decision to all 57 Municipal Councils and Child Care System Managers across Ontario. 9. City Council request the City Solicitor to report back to the Executive Committee, in conjunction with the City Manager's report, on whether any of the provincial funding cuts to Toronto Public Health would violate the Canada Health Act, and on what measures the City of Toronto can take, if, in fact, the Canada Health Act is violated.
Staff recommendation as filed
Mayor John Tory, seconded by Councillor Gary Crawford, recommends that: 1. City Council consider the attached report (May 13, 2019) from the City Manager.
MM7.14adopted
Thousands of low and moderate income Torontonians rely on legal aid services every day. A lost job due to injury or unfairness, eviction, family breakdown, arrest or health deterioration can derail lives. For those who don't have the means to pay, legal aid is a crucial service to stop the derailment and help people and families get back on track. Lawyers, community legal workers and others who assist legally-aided clients stand with ordinary Ontarians every day, helping them to navigate complex bureaucracies and intimidating adjudicative processes. Legal aid workers help keep roofs over heads and food on tables for residents of Toronto and beyond. The Ontario government recently announced a 30 percent cut to Legal Aid Ontario with a further 10 percent cut slated for next year. These cuts are deep and unprecedented. If implemented, these cuts will mean job losses to front-line service providers. This will have a direct impact on municipalities. We know that the paperwork and procedural hurdles low income people regularly face will not go away because legal aid services have been cut; they will simply divert to other overburdened service providers. A 2013 Canadian Bar Association report concluded that for every dollar spent on legal aid, the government saves an average of $6 in other areas of government expenditure, such as homelessness, health, family breakdown and incarceration. The cuts to Legal Aid Ontario will place an undue and increased burden on the City of Toronto. More people facing unlawful evictions without access to legal aid counsel will mean more demands on our already-overburdened shelter system. More people who become sick, injured or unemployed will be unable to challenge unlawful refusals of income support programs and will have to rely on Ontario Works, which is run by the municipality. More people unable to navigate the complex refugee determination system will mean more undocumented people seeking access to City services. It will also undermine a City Councillor's ability to effectively refer constituents to community clinics. The Province of Ontario should ensure their most vulnerable residents have access to proper legal services by properly funding Legal Aid Ontario. These cuts, like others the province have announced, will download more burden onto Toronto taxpayers. This motion is urgent as the recent Legal Aid Ontario funding cuts within the recent Ontario budget will have an immediate impact on low-income Toronto residents and city services.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council express its strong support for a robust, provincially-funded legal aid program to assist vulnerable Ontarians. 2. City Council express its strong opposition to the proposed funding cuts to Legal Aid Ontario by the provincial government. 3. City Council call on the Province of Ontario to reverse the proposed funding cuts to Legal Aid Ontario.
Staff recommendation as filed
Councillor Kristyn Wong-Tam, seconded by Councillor Gord Perks, recommends that: 1. City Council express its strong support for a robust, provincially-funded legal aid program to assist vulnerable Ontarians. 2. City Council express its strong opposition to the proposed funding cuts to Legal Aid Ontario by the provincial government. 3. City Council call on the Province of Ontario to reverse the proposed funding cuts to Legal Aid Ontario.
MM7.15amended
In 2019, after a five year pilot, City Council made the bike lanes on Richmond and Adelaide Streets permanent. These bike lanes are an unprecedented success - they now carry a third of all traffic on Richmond and Adelaide and move more people per lane at rush hour than the motor vehicle lanes. These tracks form the core of the City's safe cycling infrastructure. They may be the busiest bike lanes in North America - in 2017, Burrard Bridge in Vancouver was the busiest, with an average of 3,100 trips per day. Our numbers from September 2018 put the average daily volume on Richmond and Adelaide streets at 6,160 trips - nearly double. That's more people than many arterial roads and TTC stations. These are safe connections for cyclists to the 480,000 jobs in the core, and are an essential part of the City's policies on traffic management and Vision Zero. The watermain running beneath Richmond Street West, between York Street and Bathurst Street, will be replaced this summer, with construction scheduled to begin in June 2019 and end in August 2020. Due to the location of the watermain beneath the roadway, which is relatively narrow in places, City staff have advised that it will not be possible to maintain a safe, protected cycle track along the length of Richmond Street for the entire duration of the project. Instead, cyclists will be directed to ride in the single remaining lane of mixed traffic with motor vehicles. A closure of the cycle track impacting two summer seasons is unacceptable. A safe route for cyclists must be maintained. The current plan involves preserving one merged lane of traffic in 200 metre to 300 metre stretches during each phase of work, with no safe detours planned to reconnect to the cycle track. For cyclists, this amounts to the elimination of an arterial lane. If we are committed to Vision Zero, and committed to moving people around the City, we must be bold. Like we would not propose a two hundred metre hole in the Gardiner and expect people to portage their cars, we cannot expect thousands of people to ride in mixed traffic in an active construction zone. While other cities are enacting bold policies on safety and traffic management, we're taking steps backwards. The repairs to the Richmond watermain are essential work, and cannot be unnecessarily delayed. However, this work cannot put people at risk of collisions and injuries, and it cannot put people on bikes back into cars or on overcrowded public transit. This motion is urgent as the work is scheduled to begin in June.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council direct the General Manager, Transportation Services to investigate all options to ensure safety of cyclists along Richmond Street from John Street to Bathurst Street for the duration of the watermain reconstruction including but not limited to reductions to posted speed through the construction zone, signage and pavement markings alerting cyclists and motor vehicles to ride in single file, paid-duty police and/or traffic wardens on site during daytime hours, and investigation of all possible safe detour routes and improving alternate parallel cycling routes, in consultation with the Ward Councillor and to report back as required.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Mike Layton, recommends that: 1. City Council direct the General Manager, Transportation Services to preserve the dedicated cycle track along Richmond Street from John Street to Bathurst Street for the duration of the watermain reconstruction. 2. If the General Manager, Transportation Services deems it is not possible to preserve the dedicated cycle track, City Council direct the General Manager, Transportation Services to provide an alternative westbound protected route as a detour from John Street to Bathurst Street, for the duration of the watermain reconstruction.
MM7.16adopted
When staff seeks locations for new shelter services, it considers a number of factors including availability, zoning requirements, proximity to services such as public transit and overall property specifications. Currently only 1 in every 100 properties assessed will be found suitable for shelter purposes and can be successfully acquired. As 2299 Dundas Street West met all of the required criteria, including as-of-right use as a municipal shelter, on September 20, 2018, the City of Toronto conditionally purchased the property at 2299 Dundas Street West for the George Street Revitalization Project and the transaction was completed on March 13, 2019. As part of the purchase, a lease to Dr. Lakshmi R. Jain, Dentistry Professional Corporation, operating as Cherry Blossom Dentistry, and two billboard leases were assumed. While vacant possession of the interior of the building was desired, City staff knew at the time the offer was submitted that the Tenant had the right to remain until July 31, 2019 and also had an option to renew for an additional 5 years until July 31, 2024. The Tenant exercised the right to renew in January 2019. Currently, construction of the George Street Revitalization Project is planned for 2021 and replacement sites must be ready by the end of 2020. Given the limited property options, and time constraints for the George Street Revitalization Project, staff determined that rather than forego the site, they would assume the Tenant's lease, and if absolutely necessary, construct the shelter around the Tenant's premises. While it would be mutually advantageous for the Tenant to vacate the Property before the commencement of construction, this would require that the Tenant temporarily shut down their practice while the Tenant locates, renovates and moves into a new location. As such, staff are recommending that in exchange for vacating by August 9, 2019, the City pay to the Tenant the amount of $400,000 as compensation for the Tenant's projected loss of income from August 2019 to March 2020 and the cost to maintain staff during this time, which is within the range estimated by the City's business loss consultant. Funding is available in the 2019-2028 Council Approved and Capital Budget and Plan for Shelter, Support and Housing Administration under the capital account CHS040-01. This matter is deemed urgent as the Tenant requires 2 months after entering into an agreement with the City to make preparations to shut down their practice and vacate the Property, and every month that substantial construction is delayed at the Property affects the timeline of the George Street Revitalization Project, resulting in additional costs to that project. Additionally, there will be incremental construction costs at the Property if the City were to renovate around the Tenant.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council authorize the City to enter into a Lease Amending and Extending Agreement with the Tenant, operating as Cherry Blossom Dentistry, requiring the Tenant to vacate the property at 2299 Dundas Street West by August 9, 2019 in exchange for a compensation payment from the City of $400,000, and on such other terms and conditions deemed appropriate by the Director, Real Estate Services and in a form acceptable to the City Solicitor.
Staff recommendation as filed
Councillor Gord Perks, seconded by Councillor Kristyn Wong-Tam, recommends that: 1. City Council authorize the City to enter into a Lease Amending and Extending Agreement with the Tenant, operating as Cherry Blossom Dentistry, requiring the Tenant to vacate the property at 2299 Dundas Street West by August 9, 2019 in exchange for a compensation payment from the City of $400,000, and on such other terms and conditions deemed appropriate by the Director, Real Estate Services and in a form acceptable to the City Solicitor.
MM7.17adopted
Imperial Oil Limited ("Imperial Oil") has applied to the Ontario Energy Board for leave to construct a pipeline that would replace an existing pipe carrying refined oil products between Imperial Oil's Waterdown Pump Station in the City of Hamilton and its Finch Terminal in North York. If the Ontario Energy Board accepts the City's application as an intervenor, then the City has the right to participate in the proceedings which usually involve very tight time frames. Authority to proceed with the intervention is therefore required to permit City staff to take the necessary steps within the currently anticipated tight timelines, including retention of any outside legal counsel or technical experts to assist preparing submissions and assessing potential impacts and risks.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council direct City staff to continue to review the Imperial Oil application and any further supporting material, and consult with Imperial Oil, in an effort to resolve any concerns. 2. City Council authorize the City Solicitor to proceed with the City's application to participate in the Ontario Energy Board proceedings as an intervenor in relation to any unresolved concerns. 3. City Council authorize funds, as outlined in Confidential Attachment 1 to the report (May 10, 2019) from the City Solicitor and the General Manager, Toronto Water, be made available to obtain such assistance as necessary in the opinion of the City Solicitor, in consultation with the General Manager of Toronto Water, to represent the City's interests at the Ontario Energy Board. 4. City Council authorize staff to liaise with other affected municipalities and Conservation Authorities to discuss coordination of responses to Imperial Oil's application. 5. If the City's application for intervention is granted, City Council authorize the City Solicitor to subsequently withdraw the City's participation as an intervenor once all issues of concern to the City have been resolved to the satisfaction of the City Solicitor, in consultation with the General Manager, Toronto Water. 6. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 10, 2019) from the City Solicitor and the General Manager, Toronto Water. 7. City Council direct that Confidential Attachment 1 to the report (May 10, 2019) from the City Solicitor and the General Manager, Toronto Water remain confidential until the release of the final decision of the Ontario Energy Board including any appeals or judicial review. Confidential Attachment 1 to the report (May 10, 2019) from the City Solicitor and the General Manager, Toronto Water 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 of Toronto and it contains advice or communications that are subject to solicitor-client privilege. Confidential Attachment 1 to the report (May 10, 2019) from the City Solicitor and the General Manager, Toronto Water will be made public with the release of the final decision of the Ontario Energy Board including any appeals or judicial review.
Staff recommendation as filed
Councillor Anthony Perruzza, seconded by Councillor Mike Layton, recommends that: 1. City Council adopt the following recommendations in the report (May 10, 2019) from the City Solicitor and the General Manager of Toronto Water: 1. City Council direct City staff to continue to review the Imperial Oil application and any further supporting material, and consult with Imperial Oil, in an effort to resolve any concerns. 2. City Council authorize the City Solicitor to proceed with the City's application to participate in the Ontario Energy Board proceedings as an intervenor in relation to any unresolved concerns. 3. City Council authorize funds, as outlined in Confidential Attachment 1 to the report (May 10, 2019) from the City Solicitor and the General Manager, Toronto Water, be made available to obtain such assistance as necessary in the opinion of the City Solicitor, in consultation with the General Manager of Toronto Water, to represent the City's interests at the Ontario Energy Board. 4. City Council authorize staff to liaise with other affected municipalities and Conservation Authorities to discuss coordination of responses to Imperial Oil's application. 5. If the City's application for intervention is granted, City Council authorize the City Solicitor to subsequently withdraw the City's participation as an intervenor once all issues of concern to the City have been resolved to the satisfaction of the City Solicitor, in consultation with the General Manager, Toronto Water. 6. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 10, 2019) from the City Solicitor and the General Manager, Toronto Water. 7. City Council direct that the confidential information contained in Confidential Attachment 1 to the report (May 10, 2019) from the City Solicitor and the General Manager, Toronto Water remain confidential until the release of the final decision of the Ontario Energy Board including any appeals or judicial review.
MM7.18adopted
On March 21, 2019, the North York Panel of the Committee of Adjustment modified and approved the application for minor variances requested for the property municipally known as 139 Hillhurst Boulevard. The Notice of Decision is attached to this Motion. In their report to the Committee dated March 12, 2019, attached to this Motion, Community Planning staff recommended that the application be refused. Planning had concerns with a number of the variances proposed, particularly building height, number of storeys and floor space index, and that in their opinion "the number of variances required to facilitate the proposal are neither individually nor cumulatively minor in nature. As such, Planning staff recommend that the application be refused." Planning Staff were of the opinion that the variances do not satisfy each of the four tests under Section 45(1) of the Planning Act and therefore the application should be refused. The applicant has appealed the Committee of Adjustment's modified Decision to the Toronto Local Appeal Body and the date for the hearing is September 9, 2019 which means that the City's Notice of Intention to be a Party is due this Wednesday, May 15, 2019.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council authorize the City Solicitor to attempt to negotiate a settlement of the applicant's appeal regarding 139 Hillhurst Boulevard and authorize the City Solicitor to settle the matter in the City Solicitor's discretion after consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor. 2. In the event a settlement cannot be reached, City Council authorize the City Solicitor, along with appropriate City staff, to attend the Toronto Local Appeal Body and to retain outside consultants as necessary to oppose the minor variances requested in Committee of Adjustment application A0053/19NY for 139 Hillhurst Boulevard.
Staff recommendation as filed
Councillor Mike Colle, seconded by Councillor James Pasternak, recommends that: 1. City Council authorize the City Solicitor to attempt to negotiate a settlement of the applicant's appeal regarding 139 Hillhurst Boulevard and authorize the City Solicitor to settle the matter in the City Solicitor's discretion after consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor. 2. In the event a settlement cannot be reached, City Council authorize the City Solicitor, along with appropriate City staff, to attend the Toronto Local Appeal Body and to retain outside consultants as necessary to oppose the minor variances requested in Committee of Adjustment application A0053/19NY for 139 Hillhurst Boulevard.
MM7.19adopted
Subsections 45(1.3) and 45(1.4) of the Planning Act, as amended, restrict the submission of minor variance applications on properties subject to a privately initiated Zoning By-law Amendment within two years of the By-law enactment, unless the municipal council has otherwise "declared by resolution that such an application is permitted". In the case of 1982-1984 Yonge Street, the site specific By-laws provide for redevelopment of the site with a 9-storey mixed use building with commercial uses on the ground floor, 30 residential units on floors 2 to 7, office space on floors 8 and 9, and indoor amenity space on the 9th floor. A total of 2 car share spaces are proposed at the rear of the building on the ground floor. As part of the approval of the application, the City secured, through a Section 37 agreement, the provision and maintenance of 30 rental dwelling units in the proposed development, including one affordable rental dwelling unit. The Zoning By-law application for 1982-1984 Yonge Street was submitted on December 22, 2016 and deemed complete on June 1, 2017. A Preliminary Report on the application was adopted by Toronto and East York Community Council on June 13, 2017 authorizing staff to conduct a community consultation meeting with an expanded notification area. A final report recommending approval of the application for 1982-1984 Yonge Street was approved by City Council on July 23, 24, 25, 26, 27 and 30, 2018 without amendments. The site-specific by-laws are attached amending Zoning By-law 438-86 and 569-2013. The applicant has approached the City seeking to amend the proposal to convert two storeys of residential uses to non-residential (office) uses, requiring an increase to the maximum permitted non-residential gross floor area for the site. It should be noted that the required amendments would not result in an increased development density or otherwise modify the built form or total gross floor area. The proposed change would accordingly reduce the total number of dwelling units from 30 to 20 units. The units would remain rental with the single affordable rental unit maintained in the revised proposal. The section 37 agreement, securing the rental units and affordable unit, would be amended to reflect the conversion of the two floors to non-residential uses. Under the Planning Act, as now amended, this landowner would not otherwise be able to file for a minor variance application to the Committee of Adjustment, Toronto and East York District, for zoning relief in this regard until July 23, 2020, thus delaying site redevelopment and further restricting the availability for family rental housing and additional office space. As a result, City Council's authorization for submission of a minor variance application at this time is warranted. While the minor variance process may be the appropriate process, this resolution is not intended to and does not relay Council's endorsement of the merits of the application. City Staff and the City Solicitor agree with this approach and seek instruction from City Council. This matter is urgent as the construction of the development is pending, the site plan application having progressed to issuance of a Notice of Approval Conditions, and the current backlog with the Committee of Adjustment hearing schedule, requires that applications be made four months prior to matters being heard.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council, pursuant to subsection 45(1.4) of the Planning Act, permit applications for minor variances with respect to the property municipally known as 1982-1984 Yonge Street for variances to site specific By-laws 1223-2018 and 1224-2018 in order to request variances to alter the mix of gross floor area to permit an increase to the maximum permitted non-residential gross floor area, with the total gross floor area remaining unchanged. 2. In the event the Committee of Adjustment approve the requested variances, City Council direct the City Solicitor to amend the section 37 agreement to give effect to the changes authorized by the variances, to secure one affordable rental dwelling unit and a total of 20 rental dwelling units.
Staff recommendation as filed
Councillor Josh Matlow, seconded by Councillor Mike Colle, recommends that: 1. City Council, pursuant to subsection 45(1.4) of the Planning Act, permit applications for minor variances with respect to the property municipally known as 1982-1984 Yonge Street for variances to site specific By-laws 1223-2018 and 1224-2018 in order to request variances to alter the mix of gross floor area to permit an increase to the maximum permitted non-residential gross floor area, with the total gross floor area remaining unchanged. 2. In the event the Committee of Adjustment approve the requested variances, City Council direct the City Solicitor to amend the section 37 agreement to give effect to the changes authorized by the variances, to secure one affordable rental dwelling unit and a total of 20 rental dwelling units.
MM7.20adopted
The applicant applied to the Committee of Adjustment (Application A0888/18TEY) (the "Application") to construct a new two-storey detached dwelling with integral garage at 26 Carey Road. The Application requests variances with respect to floor space index, maximum building height, and vehicle entrance through the front main wall. At its hearing on April 17, 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 or outside consultants, 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 has been appealed and the City Solicitor requires instructions to attend the hearing in opposition of the proposal.
City Council on May 14 and 15, 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 26 Carey Road to uphold the Committee of Adjustment's refusal of the minor variances requested through Application A0888/18TEY. 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 Josh Matlow, seconded by Councillor Gord Perks, 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 26 Carey Road to uphold the Committee of Adjustment's refusal of the minor variances requested through Application A0888/18TEY. 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.
MM7.21adopted
The applicant applied to the Committee of Adjustment (Application B0090/18TEY, A0962/18TEY, A0963/18TEY) (the "Application") to sever the lot into two residential lots and to create a mutually accessible right-of-way, with associated variances. The application proposes a new four-storey semi-detached dwelling with a rear integral garage, rear second and third storey decks, and a front fourth storey balcony on each of the severed lots. The requested variances are with respect to floor space index, soft landscaping, driveway width, building type, setback from a lane, lot frontage, building height, first storey height, rear setback, penetration into the angular plane, and front setback. City Planning staff expressed concern with respect to the depth of the third storey in a report (February 25, 2019) from the Director, Community Planning, Toronto and East York District (attached). At its hearing on March 6, 2019, the Committee of Adjustment refused the Application (the "Decision"), which is attached to this Motion. 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 request the Toronto Local Appeal Body limit the building depth of the third storey. This Motion will 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 has been appealed and the City Solicitor requires instructions to attend the hearing in support of its position.
City Council on May 14 and 15, 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 393 Harbord Street to request a condition be imposed with respect to the building depth of the third storey as shown in Application B0090/18TEY, A0962/18TEY, A0963/18TEY. 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 Mike Layton, seconded by Councillor Joe Cressy, 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 393 Harbord Street to request a condition be imposed with respect to the building depth of the third storey as shown in Application B0090/18TEY, A0962/18TEY, A0963/18TEY. 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.
MM7.22adopted
The Toronto Biennial of Art is a non-profit arts organization established in 2014, overseen by a Board of Directors of nine members with broad professional and community representation. A staff of 13 is producing the Biennial. The total planned budget for the Inaugural 2019 event is $2.5 million. The Toronto Biennial of Art will launch a 72-day visual arts program on September 21, 2019 with support from private donors and philanthropic organizations, corporate sponsors, and all three orders of government. Access to all of the Toronto Biennial of Art 's sites and artworks are free. There is an extensive arts engagement program planned, and the first edition of the Toronto Biennial of Art will focus on Indigenous history in Toronto and contemporary Indigenous art. City Council has previously provided $50,000 to initiate planning of the Biennial. The Toronto Biennial of Art benefits the City of Toronto by presenting the highest quality of public art; enhancing Toronto as a tourism destination; building on previous support of the initiative; spreading art along the waterfront; providing a local and international stage for Indigenous artists; and anticipating the "Year of Public Art" in 2021. The footprint of the Toronto Biennial of Art in 2019 extends along the Toronto waterfront anchored by the Small Arms Inspection Building in Mississauga to the west and the proposed eastern anchor at 259 Lake Shore Boulevard East. This Motion is urgent because of the time required to fit up the building at 259 Lake Shore Boulevard East for the Toronto Biennial of Art to open on schedule.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council endorse the Inaugural Toronto Biennial of Art in 2019 and direct City staff to support it accordingly.
Staff recommendation as filed
Councillor Joe Cressy, seconded by Councillor Gary Crawford, recommends that: 1. City Council endorse the Inaugural Toronto Biennial of Art in 2019 and direct City staff to support it accordingly.
MM7.23adopted
Currently, Section 42 of the Planning Act requires new developments to contribute land towards the City's parks network or cash-in-lieu when land is not available. It is of widespread consensus that new development that further densify Toronto fulfill Section 42 requirements as new residents will end up visiting the City's parks network. However, the development of new places of worship do not directly contribute to densification the same way residential and/or commercial developments do. Places of worship provide communities with a range of services that develop and improve community cohesion. Churches, mosques and synagogues develop a neighborhood's character while fostering safe and educational spaces for youths, newcomers and the growing elderly population. Places of worship promote social engagement, cultural initiatives and the arts. At the same time, they give back to our constituents by helping those in need, by aiding through and after natural disasters and by working alongside civic institutions to make our cities more embracing. Many of these places of worship do not have the funds necessary to run their institutions, provide services and expand their reach as needed. The added burden of Section 42 requirements, can only help worsening the conditions of our places of worship and deter new institutions from lying roots in our City. For this and the aforementioned reasons, the General Manager of Parks, Forestry and Recreation, should be directed that as part of the developing parkland strategy, to consider the possibility of exempting all places of worship from any parkland requirements. This Motion is urgent due to the recently announced changes that the Ontario Government is proposing for Sections 37 and 42 of the Planning Act.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council direct the General Manager, Parks, Forestry and Recreation, as part of developing the Parkland Strategy, to consider the possibility of exempting all places of worship from any parkland requirement.
Staff recommendation as filed
Councillor James Pasternak, seconded by Councillor Mike Colle, recommends that: 1. City Council direct the General Manager, Parks, Forestry and Recreation, as part of developing the Parkland Strategy, to consider the possibility of exempting all places of worship from any parkland requirement.
MM7.24adopted
On May 6 and 7, 2019, just weeks shy of its 90th anniversary celebration, York Memorial Collegiate Institute ("York Memorial"), located at 2690 Eglinton Avenue West, became the scene of a devastating 6-alarm fire resulting in extensive damage. York Memorial was constructed in 1929 as a memorial to youth killed in World War I. From the 11 steps symbolizing the 11th hour of the 11th day of the 11th month, to the mural at the auditorium entrance dedicated in 1949 as a World War II Memorial, the grounds of York Memorial were, and still are, rich with history and sentiment. In 1985, York Memorial was formally designated as a property of historical and architectural value and interest under the Ontario Heritage Act. The building is monumental in character and is a landmark along this part of Eglinton Avenue West. York Memorial was home to approximately 900 students and faculty, currently relocated to a nearby school for the remainder of the school year. It was also the site of the City's annual York Remembrance Day service and while damaged, it is an intrinsic part of the history of the community of this part of Toronto. York Memorial students have initiated petitions that call on the Toronto District School Board to restore the school for future students. A GoFundMe campaign has been organized by York Memorial Alumni, including former MP Alan Tonks, to raise funds to go towards the cost of restoring or recreating the historical works of art that sustained fire damage. It is important that City Council affirm its support for the students of York Memorial, the school's alumni, future students, and the Keelesdale community as a whole for the restoration of the school and of the heritage attributes that were damaged as a result of the fire. This Motion is urgent as staff from Toronto Building and Heritage Preservation Services, City Planning should make arrangements to inspect the damage to this property as soon as possible after the site is released by the Office of the Fire Marshal.
City Council on May 14 and 15, 2019, adopted the following: 1. City Council affirm the City's interest in conserving the use, heritage values and attributes of York Memorial Collegiate Institute at 2690 Eglinton Avenue West, Toronto. 2. City Council request the Chief Building Official and the Senior Manager, Heritage Preservation Services to: a. access York Memorial Collegiate Institute at 2690 Eglinton Avenue West as soon as possible to assess the impact of the damage caused by the recent fire to this building; and b. work with the Toronto District School Board to ensure that the property's cultural heritage values and attributes are conserved within any necessary site remediation, including ensuring that the Toronto District School Board retain a professional heritage consultant to inform the conservation strategy for the designated heritage property. 3. Should the conservation strategy include any alteration, demolition or removal, City Council request the Senior Manager, Heritage Preservation Services to report back to City Council on the proposed conservation strategy and receive approval from City Council as may be required by either Section 33 or Section 34 of the Ontario Heritage Act.
Staff recommendation as filed
Councillor Frances Nunziata, seconded by Mayor John Tory, recommends that: 1. City Council affirm the City's interest in conserving the use, heritage values and attributes of York Memorial Collegiate Institute at 2690 Eglinton Avenue West, Toronto. 2. City Council request the Chief Building Official and the Senior Manager, Heritage Preservation Services to: a. access York Memorial Collegiate Institute at 2690 Eglinton Avenue West as soon as possible to assess the impact of the damage caused by the recent fire to this building; and b. work with the Toronto District School Board to ensure that the property's cultural heritage values and attributes are conserved within any necessary site remediation, including ensuring that the Toronto District School Board retain a professional heritage consultant to inform the conservation strategy for the designated heritage property. 3. Should the conservation strategy include any alteration, demolition or removal, City Council request the Senior Manager, Heritage Preservation Services to report back to City Council on the proposed conservation strategy and receive approval from City Council as may be required by either Section 33 or Section 34 of the Ontario Heritage Act.
MM7.25adopted
This Motion is required to allow for flexibility to City of Toronto staff regarding the issuance of tax bills and the requirements for proper public notice. It is urgent as the next batch of tax bills is expected to be issued prior to the next City Council meeting.
City Council on May 14, 15, 2019, adopted the following: 1. Notwithstanding sections 8, 9 and 10 of By-law 394-2019, City Council direct the Chief Financial Officer and Treasurer to report to the June or July Executive Committee meeting with recommendations for revised dates for the issuance of tax Bills and revised tax due dates for 2019.
Staff recommendation as filed
Councillor Gary Crawford, seconded by Councillor Brad Bradford, recommends that: 1. Notwithstanding sections 8, 9 and 10 of By-law 394-2019, City Council direct the Chief Financial Officer and Treasurer to report to the June or July Executive Committee meeting with recommendations for revised dates for the issuance of tax bills and revised tax due dates for 2019.