Planning and Housing Committee
The full agenda, as filed
All 13 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.
PH22.1amended
This report recommends the adoption of the Christie's Secondary Plan, Zoning By-law and Urban Design and Streetscape Guidelines. The recommended Secondary Plan (the "Plan") establishes a comprehensive planning framework for the area and sets out the long-term vision for a complete community centred on transit investment, job creation and community services and facilities that will meet the needs of existing and future residents and workers. The vision for these lands will be built out through multiple phases and will include: a new GO Station and transit hub (integrating the new GO Station with TTC service); new streets; affordable housing; two new public parks (1.25 ha) and publicly accessible squares; employment, residential, commercial, retail, institutional uses; provision of a community recreation centre, two childcare centres, community agency space, a public library and space for two elementary schools. Approximately 7,500 new residential units will be contained within 15 tall buildings and multiple midrise buildings providing a range of housing options including diverse unit sizes, tenures and types, and affordable housing, estimated to be up to 1,500 units. The recommended Zoning By-law proposes permitted land uses, building heights, densities, building setbacks and stepbacks, parking rates and phasing requirements. holding provisions are included for each of the six phases that set out conditions that must be met prior to any development in each phase. Overall, the Zoning By-law permits a maximum of 585,000 square metres of residential gross floor area and a minimum of 113,900 square metres of non-residential gross floor area within the Plan Area. The former Mr. Christie's cookie factory lands municipally known as 2150 & 2194 Lake Shore Boulevard West and 23 Park Lawn Road, which form a portion of the Christie's Planning Study Area, are also subject to development applications under the Planning Act for amendments to the Official Plan and Zoning By-law, and approval of a plan of subdivision. These applications made by First Capital Reality continue to be reviewed by the City.
The Planning and Housing Committee recommends that: 1. City Council adopt the Official Plan Amendment, "Christie's Secondary Plan", included as Attachment 2 to the report (April 8, 2021) from the Chief Planner and Executive Director, City Planning. 2. City Council adopt the Zoning By-law Amendment, included as Attachment 3 to the report (April 8, 2021) from the Chief Planner and Executive Director, City Planning. 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the Official Plan Amendment and Zoning By-law Amendment referred to above in Recommendations 1 and 2 as may be required. 4. City Council resolve and declare that the revisions to the Official Plan, attached as Attachment 2 to the report (April 8, 2021) from the Chief Planner and Executive Director, City Planning, conform to the Growth Plan, 2020, have regard to matters of Provincial interest listed in Section 2 of the Planning Act and are consistent with the Provincial Policy Statement, 2020 issued under Section 3 of the Planning Act. 5. City Council adopt the Christie's Urban Design and Streetscape Guidelines, included as Attachment 4 to the report (April 8, 2021) from the Chief Planner and Executive Director, City Planning. 6. City Council direct the Chief Planner and Executive Director, City Planning, to use the Official Plan Amendment, Zoning By-law Amendment and Christie's Urban Design and Streetscape Guidelines to evaluate current and future development applications within the Study Area as shown as Attachment 1 to the report (April 8, 2021) from the Chief Planner and Executive Director, City Planning. 7. Before introducing the necessary Bills contemplated in Recommendations 1 and 2 above to City Council for enactment, City Council require the Owner of the lands at 2150 and 2194 Lake Shore Boulevard West and 23 Park Lawn Road to enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, securing the matters identified below, at the Owner's expense with such Agreement to be registered on title to the lands at 2150 and 2194 Lakeshore Boulevard West and 23 Park Lawn Road in a manner satisfactory to the City Solicitor: a. cash contribution of ten million, five hundred thousand ($10,500,000.00) dollars, to the satisfaction of the Chief Planner and Executive Director, City Planning, whereby: 1. five million dollars ($5,000,000) towards streetscaping improvements along Park Lawn Ave and Lakeshore Boulevard West, and the local area, shall be paid to the City by the Owner, in equal installments prior to the first above grade building permit for each of Phases 2 to 6. 2. five million and five hundred thousand dollars ($5,500,000) towards renovations to the Mimico-Centennial Branch of the Toronto Public Library shall be paid to the City by the Owner prior to December 31, 2027. b. the cash contributions referred to in Parts 7.a(1)-(2) above shall be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment. c. prior to removal of the holding ("H") provision for Phase 2 of the Development, the Owner shall prepare, at its expense, a Public Art plan (the "Public Art Plan") for the provision of Public Art within the Secondary Plan Area, and shall submit the Public Art Plan to the City, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Toronto Public Art Commission, and to City Council for approval, in accordance with the terms of the Section 37 Agreement. d. prior to the issuance of the first above grade building permit for any residential development in Phase 2, the Owner shall provide financial security in the form of a Letter of Credit in the amount of five million dollars ($5,000,000) to secure the commission and installation of public art in accordance with the Public Art Plan in Part (c) above, and in accordance with the terms of the Section 37 Agreement. e. the financial security referred to in Part (d) above shall be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment. f. The Public Art Plan in Part (c) above is subject to review and recommendation by the Toronto Public Art Commission through the Chief Planner and Executive Director, City Planning. g. Two (2), 62-space, non-profit licensed Childcare Centres with the following conditions: 1. the Owner shall design, construct, finish and convey freehold ownership of the two (2) Childcare Centres in Phases 2 and 3, prior to the first Condominium Registration in the Phase, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the General Manager, Children's Services, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor. 2. the Owner to construct in accordance with the Child Care and Early Years Act 2014, and the City of Toronto's Child Care Development Guidelines. 3. prior to the removal of the holding provision on both Phases 2 and 3, the Owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of one Childcare Centre complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the General Manager, Children's Services, the Chief Planner and Executive Director, City Planning and the City Solicitor. 4. at minimum, four (4) vehicular parking spots shall be provided to the City for exclusive use, at no cost per childcare centre. 5. the Owner to provide five hundred thousand dollars ($500,000) for each Childcare Centre for start-up operating costs, replacement reserve fund and for furnishings and equipment. 6. the contributions in Part (4) above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment. 7. the contributions in Part (4) above will be made at the time of the conveyance of the Childcare Centres to the City within each of the Phases (Phases 2 and 3). 8. a not for profit Childcare Centre operator will be chosen for each Childcare Centre through an Expression of Interest process undertaken by the Children's Services Division. Each Childcare centre operator must be approved by the General Manager, Children's Services, and each Childcare operator shall meet the City of Toronto's not for profit status. 9. concurrent with or prior to, the conveyance of each of the Childcare Centers to the City, the Owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the Owner as they pertain to each Childcare Centre. h. One (1) Community Agency Space with the following conditions: 1. the Owner shall design, construct, finish and convey freehold ownership to the City, prior to the first Condominium Registration of a building in Phase 3, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum 465 square metre, Community Agency Space located on the ground and second floors of a building in Phase 3. 2. the Community Agency Space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy and finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor. 3. prior to the issuance of the first above grade building permit as part of Phase 3, the Owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor. 4. prior to the first above grade building permit as part of Phase 3, the Owner shall provide a one-time cash contribution in the amount of seven hundred and fifty thousand ($750,000) for future capital improvements to the Community Agency Space. 5. at minimum, four (4) vehicular parking spots provide to the City for exclusive use, at no cost. 6. the contributions in Part (4) above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment. 7. concurrent with or prior to, the conveyance of the Community Agency Space to the City, the Owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the Owner as they pertain to the Community Agency Space. i. One (1) Public Library with the following conditions: 1. the Owner shall design, construct, and convey freehold ownership to the City, prior to the first Condominium Registration of a building in Phase 4, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum 1,300 square metre Public Library located on the ground floor of Phase 4. 2. the Public Library shall be delivered to the and finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, including direct access to a loading space, all satisfactory to the City Librarian, Toronto Public Library, Chief Planner and Executive Director, City Planning and the City Solicitor. 3. prior to the removal of the holding provision on Phase 4, the Owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of the Public Library complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the City Librarian, Toronto Public Library, the Chief Planner and Executive Director, City Planning and the City Solicitor. 4. concurrent with or prior to, the conveyance of the Public Library, the Owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the Owner as they pertain to the Public Library. j. One (1) Community Recreation Centre with the following conditions: 1. the Owner will design, construct, finish, furnish, provide equipment for and convey freehold ownership to the City, prior to Condominium Registration for the first building in Phase 5, a minimum 6,040 square metre Community Recreation Centre, located on the ground, second and third floors, as freehold strata title, for nominal consideration, to the satisfaction of the General Manager, Parks, Forestry and Recreation as part of Phase 5. 2. prior to the removal of the holding provision on Phase 4, the Owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of the Community Recreation Centre complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the General Manager, Parks, Forestry and Recreation, the Chief Planner and Executive Director, City Planning and the City Solicitor. 3. design and construction of the Community Recreation Centre shall conform with City regulations, guidelines and design criteria. 4. all materials, products, finishes, devices, signs, furnishings, appliances and systems shall be designed with regard for the demands of an intensively used public building operated and maintained by the City. 5. at minimum, six (6) vehicular parking spots shall be provided to the City for exclusive use, at no cost. 6. the Owner and the City of Toronto shall enter into a Construction Management Agreement with the Owner for the construction of the Community Recreation Facility, on terms and conditions deemed necessary and appropriate by the General Manager, Parks, Forestry and Recreation, and the City Solicitor, in accordance with City policies applicable to capital projects. 7. the Owner and the City of Toronto shall enter into, and the General Manager, Parks, Forestry and Recreation to execute on behalf of the City, any other ancillary agreements necessary to complete construction of the Community Recreation Facility, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor. 8. concurrent with or prior to, the conveyance of the Community Recreation Centre, the Owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the Owner as they pertain to the Community Recreation Centre. k. Prior to first above-grade building permit for Phase 2, the Owner shall identify a location, and the timing of provision and installation, of a Heritage Toronto plaque as part of the heritage interpretation of the Site in consultation with the Etobicoke Historical Society, and as approved by the Chief Planner and Executive Director, City Planning. 8. City Council direct that the following matters are also required to be secured in the Section 37 Agreement as matters required to support the development of the site, at the owner's expense, and to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, including: a. the construction, provision and maintenance of two (2) privately owned publicly accessible open spaces (POPS) on the lands, being the "Transit Plaza" and the "Pedestrian Plaza", with a minimum size of 2,750 square meters and 1,550, respectively, in accordance with the recommended Official Plan Amendment and recommended Zoning By-law Amendment, to the satisfaction of the Chief Planner and Executive Director, City Planning whereby: 1. the Owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the two POPS and any required public access easements to connect the two POPS to adjacent POPS and/or public rights-of-way, where necessary. 2. the Owner shall own, operate, maintain and repair the two POPS and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the two POPS at all times of the day and night, 365 days of the year; and the specific details of the location, configuration, process for design and timing of conveyance of the two POPS shall be determined by the Section 37 agreement and the design secured through Site Plan Approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City. b. A minimum amount of affordable housing must be achieved on the entire Plan Area through one or more of the following, or equivalent, delivery mechanisms, to the satisfaction of the Chief Planner and Executive Director, City Planning: 1. the conveyance of land to the City sufficient to accommodate 20% of the residential gross floor area. 2. the provision of 10% of residential gross floor area as purpose-built rentals units with affordable rents secured for a period of no less than 20 years; and/or 3. the conveyance to the City of 5% of the residential gross floor area for the purposes of permanent affordable housing. c. Owner shall provide a Phasing Plan to the satisfaction of the Chief Planner and Executive Director, City Planning. d. Prior to the issuance of the first above-ground building permit in Phase 1, the Owner shall provide the cash-in-lieu of land payment for the deficit in parkland dedication requirements in accordance with Section 42 of the Planning Act. 9. City Council require the Owner to adhere to City policies, as applicable, for procurement and construction, including but not limited to the Fair Wage Policy and Contractual Trades Obligations, for the delivery of the facilities listed in Recommendation 7 above. 10. City Council repeal Site and Area Specific Policy 15 once the Official Plan Amendment referred to above in Recommendation 1 has come into full force and effect. 11. 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 on Blocks 2 and 3, 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. 12. City Council require the Owner to negotiate with the General Manager, Transportation Services, in consultation with City Planner and the Executive Director, City Planning a funding commitment for the construction of Street A, as shown on Attachment 2 to the report (April 8, 2021) from the Chief Planner and Executive Director, City Planning; and enter into an agreement with the City with terms and conditions satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor. 13. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision. 14. In the event that the applicant pursues the provision of 10% of the residential gross floor area as purpose-built rental units with affordable rents as set out in the Secondary Plan, that City Council request the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat to explore opportunities to work with the applicant to achieve 20% of the new housing as affordable housing through the use of funding tools, such as Open Door or CMHC assistance, and partnership opportunities with non-profit housing providers.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning recommends that: 1. City Council adopt the Official Plan Amendment, "Christie's Secondary Plan", included as Attachment 2 of this report. 2. City Council adopt the Zoning By-law Amendment, included as Attachment 3 of this report. 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the Official Plan Amendment and Zoning By-law Amendment referred to above in Recommendations 1 and 2 as may be required. 4. City Council resolve and declare that the revisions to the Official Plan attached as Attachment 2 to this report conform to the Growth Plan, 2020, have regard to matters of Provincial interest listed in Section 2 of the Planning Act and are consistent with the Provincial Policy Statement, 2020 issued under Section 3 of the Planning Act. 5. City Council adopt the Christie's Urban Design and Streetscape Guidelines, included as Attachment 4 of this report. 6. City Council direct the Chief Planner and Executive Director, City Planning, to use the Official Plan Amendment, Zoning By-law Amendment and Christie's Urban Design and Streetscape Guidelines to evaluate current and future development applications within the Study Area as shown as Attachment 1 of this report. 7. Before introducing the necessary Bills contemplated in Recommendations 1 and 2 above to City Council for enactment, City Council require the Owner of the lands at 2150 & 2194 Lake Shore Boulevard West and 23 Park Lawn Road to enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, securing the matters identified below, at the Owner's expense with such Agreement to be registered on title to the lands at 2150 & 2194 Lakeshore Boulevard West and 23 Park Lawn Road in a manner satisfactory to the City Solicitor: a. cash contribution of ten million, five hundred thousand ($10,500,000.00) dollars, to the satisfaction of the Chief Planner and Executive Director, City Planning, whereby: 1. five million dollars ($5,000,000) towards streetscaping improvements along Park Lawn Ave and Lakeshore Boulevard West, and the local area, shall be paid to the City by the Owner, in equal installments prior to the first above grade building permit for each of Phases 2 to 6. 2. five million and five hundred thousand dollars ($5,500,000) towards renovations to the Mimico-Centennial Branch of the Toronto Public Library shall be paid to the City by the Owner prior to December 31, 2027. b. the cash contributions referred to in Parts 7.a(1)-(2) above shall be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment. c. prior to removal of the holding ("H") provision for Phase 2 of the Development, the Owner shall prepare, at its expense, a Public Art plan (the "Public Art Plan") for the provision of Public Art within the Secondary Plan Area, and shall submit the Public Art Plan to the City, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Toronto Public Art Commission, and to City Council for approval, in accordance with the terms of the Section 37 Agreement. d. prior to the issuance of the first above grade building permit for any residential development in Phase 2, the Owner shall provide financial security in the form of a Letter of Credit in the amount of five million dollars ($5,000,000) to secure the commission and installation of public art in accordance with the Public Art Plan in Part (c) above, and in accordance with the terms of the Section 37 Agreement. e. the financial security referred to in Part (d) above shall be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment. f. The Public Art Plan in Part (c) above is subject to review and recommendation by the Toronto Public Art Commission through the Chief Planner and Executive Director, City Planning. g. Two (2), 62-space, non-profit licensed Childcare Centres with the following conditions: 1. the Owner shall design, construct, finish and convey freehold ownership of the two (2) Childcare Centres in Phases 2 and 3, prior to the first Condominium Registration in the Phase, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the General Manager, Children's Services, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor. 2. the Owner to construct in accordance with the Child Care and Early Years Act 2014, and the City of Toronto's Child Care Development Guidelines. 3. prior to the removal of the holding provision on both Phases 2 and 3, the Owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of one Childcare Centre complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the General Manager, Children's Services, the Chief Planner and Executive Director, City Planning and the City Solicitor. 4. at minimum, four (4) vehicular parking spots shall be provided to the City for exclusive use, at no cost per childcare centre. 5. the Owner to provide five hundred thousand dollars ($500,000) for each Childcare Centre for start-up operating costs, replacement reserve fund and for furnishings and equipment. 6. the contributions in Part (4) above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment. 7. the contributions in Part (4) above will be made at the time of the conveyance of the Childcare Centres to the City within each of the Phases (Phases 2 and 3). 8. a not for profit Childcare Centre operator will be chosen for each Childcare Centre through an Expression of Interest process undertaken by the Children's Services Division. Each Childcare centre operator must be approved by the General Manager, Children's Services, and each Childcare operator shall meet the City of Toronto's not for profit status. 9. concurrent with or prior to, the conveyance of each of the Childcare Centers to the City, the Owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the Owner as they pertain to each Childcare Centre. h. One (1) Community Agency Space with the following conditions: 1. the Owner shall design, construct, finish and convey freehold ownership to the City, prior to the first Condominium Registration of a building in Phase 3, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum 465 square metre, Community Agency Space located on the ground and second floors of a building in Phase 3. 2. the Community Agency Space shall be delivered to the City in accordance with the City's Community Space Tenancy Policy and finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, all satisfactory to the Executive Director, Social Development, Finance and Administration, the Executive Director, Corporate Real Estate Management, the Chief Planner and Executive Director, City Planning and the City Solicitor. 3. prior to the issuance of the first above grade building permit as part of Phase 3, the Owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of the Community Agency Space complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the Executive Director, Corporate Real Estate Management, the Executive Director, Social Development, Finance and Administration, the Chief Planner and Executive Director, City Planning and the City Solicitor. 4. prior to the first above grade building permit as part of Phase 3, the Owner shall provide a one-time cash contribution in the amount of seven hundred and fifty thousand ($750,000) for future capital improvements to the Community Agency Space. 5. at minimum, four (4) vehicular parking spots provide to the City for exclusive use, at no cost. 6. the contributions in Part (4) above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment. 7. concurrent with or prior to, the conveyance of the Community Agency Space to the City, the Owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the Owner as they pertain to the Community Agency Space. i. One (1) Public Library with the following conditions: 1. the Owner shall design, construct, and convey freehold ownership to the City, prior to the first Condominium Registration of a building in Phase 4, in an acceptable environmental condition, for nominal consideration and at no cost to the City, a minimum 1,300 square metre Public Library located on the ground floor of Phase 4. 2. the Public Library shall be delivered to the and finished to Base Building Condition, with the terms and specifications to be secured in the Section 37 Agreement, including direct access to a loading space, all satisfactory to the City Librarian, Toronto Public Library, Chief Planner and Executive Director, City Planning and the City Solicitor. 3. prior to the removal of the holding provision on Phase 4, the Owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of the Public Library complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the City Librarian, Toronto Public Library, the Chief Planner and Executive Director, City Planning and the City Solicitor. 4. concurrent with or prior to, the conveyance of the Public Library, the Owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the Owner as they pertain to the Public Library. j. One (1) Community Recreation Centre with the following conditions: 1. the Owner will design, construct, finish, furnish, provide equipment for and convey freehold ownership to the City, prior to Condominium Registration for the first building in Phase 5, a minimum 6,040 square metre Community Recreation Centre, located on the ground, second and third floors, as freehold strata title, for nominal consideration, to the satisfaction of the General Manager, Parks, Forestry and Recreation as part of Phase 5. 2. prior to the removal of the holding provision on Phase 4, the Owner shall provide a letter of credit in the amount sufficient to guarantee 120 percent of the estimated cost of the design, construction and conveyance of the Community Recreation Centre complying with the specifications and requirements of the Section 37 Agreement, to the satisfaction of the General Manager, Parks, Forestry and Recreation, the Chief Planner and Executive Director, City Planning and the City Solicitor. 3. design and construction of the Community Recreation Centre shall conform with City regulations, guidelines and design criteria. 4. all materials, products, finishes, devices, signs, furnishings, appliances and systems shall be designed with regard for the demands of an intensively used public building operated and maintained by the City. 5. at minimum, six (6) vehicular parking spots shall be provided to the City for exclusive use, at no cost. 6. the Owner and the City of Toronto shall enter into a Construction Management Agreement with the Owner for the construction of the Community Recreation Facility, on terms and conditions deemed necessary and appropriate by the General Manager, Parks, Forestry and Recreation, and the City Solicitor, in accordance with City policies applicable to capital projects. 7. the Owner and the City of Toronto shall enter into, and the General Manager, Parks, Forestry and Recreation to execute on behalf of the City, any other ancillary agreements necessary to complete construction of the Community Recreation Facility, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor. 8. concurrent with or prior to, the conveyance of the Community Recreation Centre, the Owner and the City shall enter into, and register on title to, the appropriate lands an Easement and Cost Sharing Agreement for nominal consideration and at no cost to the City, that is in a form satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor; the Easement and Cost Sharing Agreement shall address and/or provide for the integrated support, use, operation, maintenance, repair, replacement and reconstruction of certain shared facilities, and the sharing of costs, in respect thereof, of portions of the subject lands to be owned by the City and the Owner as they pertain to the Community Recreation Centre. k. Prior to first above-grade building permit for Phase 2, the Owner shall identify a location, and the timing of provision and installation, of a Heritage Toronto plaque as part of the heritage interpretation of the Site in consultation with the Etobicoke Historical Society, and as approved by the Chief Planner and Executive Director, City Planning. 8. City Council direct that the following matters are also required to be secured in the Section 37 Agreement as matters required to support the development of the site, at the owner's expense, and to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, including: a. the construction, provision and maintenance of two (2) privately owned publicly accessible open spaces (POPS) on the lands, being the "Transit Plaza" and the "Pedestrian Plaza", with a minimum size of 2,750 square meters and 1,550, respectively, in accordance with the recommended Official Plan Amendment and recommended Zoning By-law Amendment, to the satisfaction of the Chief Planner and Executive Director, City Planning whereby: 1. the Owner shall convey to the City, for nominal consideration, easement(s) along the surface of the lands, to the satisfaction of the City Solicitor, which shall constitute the two POPS and any required public access easements to connect the two POPS to adjacent POPS and/or public rights-of-way, where necessary. 2. the Owner shall own, operate, maintain and repair the two POPS and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the two POPS at all times of the day and night, 365 days of the year; and the specific details of the location, configuration, process for design and timing of conveyance of the two POPS shall be determined by the Section 37 agreement and the design secured through Site Plan Approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City. b. A minimum amount of affordable housing must be achieved on the entire Plan Area through one or more of the following, or equivalent, delivery mechanisms, to the satisfaction of the Chief Planner and Executive Director, City Planning: 1. the conveyance of land to the City sufficient to accommodate 20% of the residential gross floor area. 2. the provision of 10% of residential gross floor area as purpose-built rentals units with affordable rents secured for a period of no less than 20 years; and/or 3. the conveyance to the City of 5% of the residential gross floor area for the purposes of permanent affordable housing. c. Owner shall provide a Phasing Plan to the satisfaction of the Chief Planner and Executive Director, City Planning. d. Prior to the issuance of the first above-ground building permit in Phase 1, the Owner shall provide the cash-in-lieu of land payment for the deficit in parkland dedication requirements in accordance with Section 42 of the Planning Act. 9. City Council require the Owner to adhere to City policies, as applicable, for procurement and construction, including but not limited to the Fair Wage Policy and Contractual Trades Obligations, for the delivery of the facilities listed in Recommendation 7. 10. City Council repeal Site and Area Specific Policy 15 once the Official Plan Amendment referred to above in Recommendation 1 has come into full force and effect. 11. 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 on Blocks 2 and 3, 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. 12. City Council require the Owner to negotiate with the General Manager, Transportation Services, in consultation with City Planner and the Executive Director, City Planning a funding commitment for the construction of Street A, as shown on Attachment 2; and enter into an agreement with the City with terms and conditions satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor. 13. City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision.
PH22.2adopted
Technical Amendments to Zoning By-law 569-2013 and Scarborough West Hill Community By-law 10327
This report proposes technical amendments to Zoning By-law 569-2013 to correct typographical errors; add, remove or replace words; revise regulations in order to clarify or correct interpretations; and make adjustments to zoning and overlay map boundaries. A corresponding technical amendment is proposed to the former City of Scarborough West Hill Community By-law 10327 to correct a zone boundary by aligning it to the property. All proposed revisions are in keeping with Council's intentions when first approved by Council, and do not affect the substance of the respective by-laws.
The Planning and Housing Committee recommends that: 1. City Council enact the Zoning By-law amendments substantially in accordance with Attachments 1 and 2 to the report (March 30, 2021) Chief Planner and Executive Director, City Planning. 2. City Council authorise the City Solicitor to make such stylistic and technical changes to the Zoning By-law amendments as may be required.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning recommends that: 1. City Council enact the Zoning By-law amendments substantially in accordance with Attachments 1 and 2. 2. City Council authorise the City Solicitor to make such stylistic and technical changes to the Zoning By-law amendments as may be required.
PH22.3amended
This report provides information and identifies a preliminary set of issues regarding the subject combined Official Plan amendment and rezoning application located at 641-663 Danforth Road. The application proposes conversion of lands designated General Employment Areas at the above Danforth Road addresses, as well as the easterly residual employment lands adjacent to the Scarborough GO Station on St. Clair Avenue East (see Attachment 3: Key Map (All Related Applications) for locational context of this and associated planning applications). The application proposes 1,618 dwelling units in three mixed use towers of 38- to 48-storeys with 1,271 square metres of retail commercial space on a new public street traversing the Danforth Road lands. Of note, the applicant has jointly submitted a number of planning applications within the area known locally and historically as "Scarborough Junction", generally located south of St. Clair Avenue East and east of Kennedy Road, adjacent to Scarborough Station on the GO Lakeshore East rail corridor. The applications propose a coordinated overall redevelopment concept master plan to create a new mixed use community as illustrated on Attachment 7: Artist's Perspective Rendering - Overall Development Concept. Overall the proposals include approximately 6,600 new dwelling units in up to 17 new high-rise mixed use apartment towers ranging in height from 12 to 48-storeys on stand-alone or shared podiums of varying heights. The overall development proposed comprises approximately 480,000 square metres of residential uses, 15,300 square metres of retail space, a new GO station entrance building and approximately 4,600 square metres of community use space, representing an overall density ("FSI") of 4.88 times the combined site area. A draft plan of subdivision has also been proposed for the area south of St. Clair Avenue East, east of Danforth Road, to establish new development blocks, introduce new public streets and create approximately 1.46 hectares of new parkland. The applicant has entered into an agreement with Metrolinx under the Province's Transit Oriented Communities Program. This authorizes the applicant to obtain planning approvals for an integrated development, including a new GO station building and transit plaza which connect to the tunnels under the rail corridor. For ease of reference in this report, the subject applications will be referred to throughout as the "641 Danforth" application (the above noted related applications for 3583-3595 St. Clair Avenue East and 411-415 Kennedy Road/636-646 Danforth Road will, where referenced, be indicated as the "St. Clair" and "Danforth Triangle" applications respectively as well). Staff are currently reviewing the subject application In the context of the statutory review of the Official Plan which includes the current Municipal Comprehensive Review, and together with Draft Plan of Subdivision Application 20 211336 ESC 20 SB that also includes abutting lands at 3585-3595 St. Clair Avenue East. The applications have been circulated to all appropriate agencies and City divisions for comment.
The Planning and Housing Committee: 1. Directed staff schedule a community consultation meeting for the application located at 641-663 Danforth Road and the lands adjacent to the Scarborough GO Station on St. Clair Avenue East, together with the Ward Councillor. 2. Directed staff also coordinate community consultation on the subject application in conjunction with community consultations relating to 3585-3595 St. Clair Avenue East and 411-415/636-646 Danforth Road together with the Ward Councillor and appropriate Community Planning staff. 3. Directed staff provide notice for the community consultation meeting to landowners and residents in the area bound by the properties north to Corvette Avenue (east side of Kennedy Road), east to Midland Avenue at St. Clair Avenue East, south of Midland Avenue and St. Clair Avenue East to Park Street running east to Kennedy Road, west to Birchmount Road at St. Clair Avenue, and south of St. Clair Avenue East and Birchmount Road to the Lakeshore East GO line, and to additional residents, institutions and owners to be determined in consultation with the Ward Councillor, with any additional mailing costs to be borne by the applicant. 4. Directed staff to review the application, which includes the proposed conversion of the subject lands from Employment Areas to Mixed Use Areas for the purpose of permitting residential development, concurrently and in the context of the statutory Review of the Official Plan, which includes the Municipal Comprehensive Review that has been commenced by the City Planning Division.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning recommends that: 1. Staff schedule a community consultation meeting for the application located at 641-663 Danforth Road and the lands adjacent to the Scarborough GO Station on St. Clair Avenue East, together with the Ward Councillor. 2. Staff also coordinate community consultation on the subject application in conjunction with community consultations relating to 3585-3595 St. Clair Avenue East and 411-415/636-646 Danforth Road together with the Ward Councillor and appropriate Community Planning staff. 3. Staff provide notice for the community consultation meeting to landowners and residents within 120 metres of the application site, and to additional residents, institutions and owners to be determined in consultation with the Ward Councillor, with any additional mailing costs to be borne by the applicant. 4. Staff be directed to review the application, which includes the proposed conversion of the subject lands from Employment Areas to Mixed Use Areas for the purpose of permitting residential development, concurrently and in the context of the statutory Review of the Official Plan, which includes the Municipal Comprehensive Review that has been commenced by the City Planning Division.
PH22.4adopted
This report responds to applications filed in the City of Vaughan to amend the City of Vaughan Official Plan and the City of Vaughan Zoning By-law and a draft plan of subdivision which have been circulated to the City of Toronto in accordance with the requirements of the Planning Act given the proximity to the City of Toronto. The report identifies the concerns of City Planning staff and makes recommendations on future steps to protect the City's interests concerning the applications. The applications are on the north side of Steeles Avenue West and the west side of Yonge Street. The applications propose four buildings with heights of 56, 38, 44 and 60 storeys and 2620 residential units with retail on the ground floor. Overall the proposed development would have a floor space index ("FSI") of 12.82. The Deputy City Manager, Infrastructure Development for the City of Vaughan has written a report to the City of Vaughan's Committee of the Whole regarding each application outlining some preliminary concerns with the applications including the proposed heights and densities.
The Planning and Housing Committee recommends that: 1. City Council endorse the February 25, 2021 letter from the Director, Community Planning, North York District, Attachment 3 to the report (March 30, 2021) from the Chief Planner and Executive Director, City Planning, to the City of Vaughan's Committee of the Whole which identify the concerns with the application at 72 Steeles Avenue West and 7040-7054 Yonge Street, including height and density. 2. In the event that the City of Vaughan approves the applications at 72 Steeles Avenue West and 7040-7054 Yonge Street that is not substantially in conformity with the Council of Vaughan adopted Yonge Steeles Corridor Secondary Plan, City Council direct the Chief Planner and Executive Director, City Planning to report back to the Planning and Housing Committee on next steps. 3. Should the applications at 72 Steeles Avenue West and 7040-7054 Yonge Street be appealed to the Local Planning Appeal Tribunal, City Council direct the City Solicitor and appropriate City Staff to attend and seek party status to support the City's interests.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning, recommends that: 1. City Council endorse the February 25, 2021 letter from the Director, Community Planning, North York District (Attachment 3) to the City of Vaughan's Committee of the Whole which identify the concerns with the application at 72 Steeles Avenue West and 7040-7054 Yonge Street, including height and density. 2. In the event that the City of Vaughan approves the applications at 72 Steeles Avenue West and 7040-7054 Yonge Street that is not substantially in conformity with the Council of Vaughan adopted Yonge Steeles Corridor Secondary Plan, City Council direct the Chief Planner and Executive Director, City Planning to report back to the Planning and Housing Committee on next steps. 3. Should the applications at 72 Steeles Avenue West and 7040-7054 Yonge Street be appealed to the Local Planning Appeal Tribunal, City Council direct the City Solicitor and appropriate City Staff to attend and seek party status to support the City's interests.
PH22.5adopted
2021 Toronto Heritage Grant Awards
This report recommends the approval of 11 grants totalling $258,200.00 under the Toronto Heritage Grant Program. The recommended recipients will generate approximately $802,600.00 in private investment for work to conserve irreplaceable cultural heritage resources that contribute to the City's social and economic prosperity by defining our unique sense of place. The Toronto Heritage Grant Program provides matching grant funds for eligible heritage conservation work of residential properties or tax exempt properties in the City of Toronto designated under Part IV or V of the Ontario Heritage Act (OHA). Applicants may receive a grant once every five years for up to 50% of the cost of eligible conservation work. Owners of house form buildings may receive up to $10,000.00 or if replacing an entire cedar or slate roof assembly, up to $20,000.00 every ten years. Owners of non-house form buildings and any tax exempt properties including house-form buildings may be eligible for a grant equivalent to 50% of the cost of eligible conservation work, with no maximum limit. The properties that have been recommended for a grant award vary in size and location across Toronto. The majority of the grant recipients are residential properties located in Heritage Conservation Districts, including several properties within the Cabbagetown North Heritage Conservation District. In addition, there are a few notable landmark properties benefitting from heritage grants this year, including the Massey Harris Lofts, Victoria Lofts, former Eglinton Hunt Club, and the Stonehouse/Lawrence farmhouse in Scarborough.
The Planning and Housing Committee recommends that: 1. City Council approve the grant awards for the 2021 Toronto Heritage Grant Program for the following 11 heritage properties, to assist grant recipients in funding the scope of conservation work generally described in Attachment 1 of the report (March 5, 2021) from the Chief Planner and Executive Director, City Planning: 11 Geneva Avenue 42 Geneva Avenue 14 Alpha Avenue 103 Amelia Street 58 Rose Avenue 3 Wellesley Avenue 485 Sackville Street 63 Delburn Drive 1111 Avenue Road 915 King Street West 152 Annette Street 2. City Council direct that the use of the grant awards outlined in Recommendation 1 of this report be limited to only the conservation work approved by the Chief Planner and Executive Director, City Planning, and that the issuing of the grant award be subject to the grant recipient satisfying all conditions as set out in the Letter of Understanding between the City and the grant recipient.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning, recommends that: 1. City Council approve the grant awards for the 2021 Toronto Heritage Grant Program for the following 11 heritage properties, to assist grant recipients in funding the scope of conservation work generally described in Attachment 1 of this report. 11 Geneva Avenue 42 Geneva Avenue 14 Alpha Avenue 103 Amelia Street 58 Rose Avenue 3 Wellesley Avenue 485 Sackville Street 63 Delburn Drive 1111 Avenue Road 915 King Street West 152 Annette Street 2. City Council direct that the use of the grant awards outlined in Recommendation 1 of this report be limited to only the conservation work approved by the Chief Planner and Executive Director, City Planning, and that the issuing of the grant award be subject to the grant recipient satisfying all conditions as set out in the Letter of Understanding between the City and the grant recipient.
PH22.6adopted
In June 2020, City Planning initiated the Growth Plan Conformity and Municipal Comprehensive Review ("the MCR") which includes the delineation of 180+ Major Transit Station Areas (MTSAs) to meet Provincial intensification requirements by July 2022. The introduction of Protected Major Transit Station Areas (PMTSAs) is part of the MCR. An equity lens is being applied to this work program that prioritizes the delineation of PMTSAs to enable the implementation of inclusionary zoning as an affordable housing tool, where market conditions could support it. This report presents the policy approach for advancing the implementation of Major Transit Station Areas and Protected Major Transit Station Areas, and the proposed delineations within the Downtown Secondary Plan. This report is intended as the basis for consultation of the draft Official Plan Amendment (OPA) that includes 16 Site and Area Specific Policies (SASPs) that delineate Protected Major Transit Station Areas (PMTSAs) within the Downtown Secondary Plan area. The draft policy directions for the introduction of a new Chapter 8 of the Official Plan will be refined following consultation and brought forward as part of the final Official Plan Amendment. The 16 PMTSA delineations included in this draft OPA would implement the Minister approved Downtown Plan and address the requirements of the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) (the "Growth Plan") and Section 16(15) of the Planning Act. Adoption of the final OPA which includes the PMTSA delineations would put in place the required prerequisite framework to enable the application of inclusionary zoning in the Downtown once the Inclusionary Zoning policies and PMTSA policies are in effect. The draft OPA and PMTSA delineations establish minimum targets for people and jobs per hectare based on the land use designations in the Downtown Plan approved by the Minister in June 2019. The draft PMTSAs introduce minimum density requirements, consistent with the Downtown Plan, and Section 16(15) of the Planning Act, and do not propose any changes to maximum development permissions. City Planning staff will use the draft PMTSAs and draft policy directions as a basis for consultation, prior to advancing a Final Report for City Council's adoption in the fourth quarter of 2021. The Minister of Municipal Affairs and Housing is the approval authority for the delineation of Protected Major Transit Stations Areas and the Minister's decision is not appealable.
The Planning and Housing Committee: 1. Authorized the Chief Planner and Executive Director, City Planning to use the draft Official Plan Amendment as the basis for consultation and to bring forward a Final Report by the fourth quarter of 2021.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning recommends that: 1. Planning and Housing Committee authorize the Chief Planner and Executive Director, City Planning to use the draft Official Plan Amendment as the basis for consultation and bring forward a Final Report by the fourth quarter of 2021.
PH22.7amended
Update on Committee of Adjustment Virtual Public Hearings
This report responds to City Council direction and a number of requests, further to a City Planning report titled Addressing the Committee of Adjustment COVID-19 related Application Backlog, dated September 4, 2020, which generally focus on four matters: an update on application volume; staffing and panel member capacity; public notification improvements; and participation at virtual public hearings.
The Planning and Housing Committee recommends that: 1. City Council direct the Chief Planner and Executive Director, City Planning, and the Chief Building Official to conduct an independent public review, and report back by the fourth quarter of 2021 or sooner, of the Committee of Adjustment including the establishment of an advisory committee, and public engagement and to include the following: a. Investigate and address residents' concerns with the current processes; b. Consider alternatives to the Committee of Adjustment process for minor variances and severances; c. Review and revise the Committee of Adjustment processes based on tribunal best practices, and quality assurance review practices; d. Education and training of Members on both procedures and substance of the Committee mandate. 2. City Council request that the Chief Planner and Executive Director, City Planning to report back to the Planning and Housing Committee on: a. Other available options to provide notice to residential tenants for Committee of Adjustment applications; and b. The availability and quality of data that identifies residential tenants, and any information technology and programming requirements needed to provide such notice.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning, recommends that: 1. City Council receive this report for information.
PH22.8adopted
Recommended Framework for the Use of Minister's Zoning Orders and Response to Bills 245 and 257
This report recommends measures that the Provincial government should implement when utilizing Ministers Zoning Orders ("MZOs") powers to protect local public interest and ensure accountability. MZOs can be an effective tool when used judiciously, in consultation with the affected municipality and local communities. To that end, it is recommended that the Minister should consult with, engage and reach agreement with the affected municipality in advance of making a decision to issue a MZO. This would essentially mimic a development review or due diligence process that provides due diligence against policy and standards that would otherwise apply to any other public or private development proposal. The goal would be to ensure that any proposed development can be implemented at the local level giving consideration to potential land-use planning issues related to site plans and ensure that the development is compatible with the surrounding area and contributes to the economic, social, cultural and environmental vitality of the City. In addition, the Province should consider some form of formal public engagement where appropriate in the use of the MZOs. Public engagement not only results in more informed residents, but also can generate more support for the final decisions reached by decision makers. Participation helps generate ownership. Involved residents who have helped to shape a proposed development will better understand the issue itself and the reasons for the decisions that are made. Good communications about the public's involvement in a local decision can increase the support of the broader community as well. This report also responds to two recently announced proposed legislative changes. The first and which staff have concerns with are the proposed enhancements to the Minister's Zoning Order Powers (section 47 of the Planning Act) introduced on March 4, 2021 through Bill 257, Supporting Broadband and Infrastructure Expansion Act, 2021. The Bill proposes to amend the Planning Act to provide that ministerial zoning orders made under section 47 are not required and are deemed to never have been required to be consistent with policy statements issued under subsection 3 (1) of the PPS. Secondly, this Report addresses the legislative changes introduced on February 16, 2021, in Bill 245, the Accelerating Access to Justice Act, 2021. Bill 245 is an omnibus Bill affecting multiple pieces of legislation and the merging of existing land tribunals into one administrative body to be known as the Ontario Land Tribunal.
The Planning and Housing Committee recommends that: 1. City Council advise the Province that the City of Toronto supports the Province's scoped use of Minister's Zoning Orders provided that its use: a. includes collaboration with City staff and officials in advance of the issuing of these Orders, including public consultation where feasible; b. is consistent with and/or in conformity with Provincial policies and legislation, including the Provincial Policy Statement and The Growth Plan and that it complies with the Ontario Heritage Act, as the case may be; c. continues to ensure that Site Plan matters remain within the City's jurisdiction; d. balances local planning policy, including the Official Plan and technical considerations in order to support complete communities and good planning; e. ensures that there is a mechanism for guaranteeing the City's revenue neutrality and the collection of appropriate community benefits in the event that Section 37 or Community Benefit Charges become inapplicable due to a Minister's Zoning Order; f. incorporates a provision for adequate affordable housing in the proposed development where appropriate. 2. City Council advise the Province that it does not support the proposed changes to the Planning Act, contained in Bill 257, Supporting Broadband and Infrastructure Expansion Act, 2021 which provide that ministerial zoning orders made under section 47 are not required and are deemed to never have been required to be consistent with policy statements issued under subsection 3 (1) of the Planning Act. 3. City Council direct the City Clerk to forward this Item to the Ministry of Municipal Affairs and Housing.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning recommends that: 1. City Council advise the Province that the City of Toronto supports the Province's scoped use of Minister's Zoning Orders provided that its use: a. includes collaboration with City staff and officials in advance of the issuing of these Orders, including public consultation where feasible; b. is consistent with and/or in conformity with Provincial policies and legislation, including the Provincial Policy Statement and The Growth Plan and that it complies with the Ontario Heritage Act, as the case may be; c. continues to ensure that Site Plan matters remain within the City's jurisdiction; d. balances local planning policy, including the Official Plan and technical considerations in order to support complete communities and good planning; e. ensures that there is a mechanism for guaranteeing the City's revenue neutrality and the collection of appropriate community benefits in the event that Section 37 or Community Benefit Charges become inapplicable due to a Minister's Zoning Order; f. incorporates a provision for adequate affordable housing in the proposed development where appropriate. 2. City Council advise the Province that it does not support the proposed changes to the Planning Act, contained in Bill 257, Supporting Broadband and Infrastructure Expansion Act, 2021 which provide that ministerial zoning orders made under section 47 are not required and are deemed to never have been required to be consistent with policy statements issued under subsection 3 (1) of the Planning Act. 3. City Council direct the City Clerk to forward this Item to the Ministry of Municipal Affairs and Housing.
PH22.9adopted
Rapid Housing Initiative - 222 Spadina Avenue and 877 Yonge Street
The purpose of this report is to recommend that City Council request the Minister of Municipal Affairs and Housing to make two Minister's Zoning Orders in order to permit the creation of supportive affordable housing in existing buildings at 222 Spadina Avenue and 877 Yonge Street. At its meeting of October 27, 2020, City Council adopted Item MM25.32 - Implementation of the Federal Rapid Housing Initiative (RHI) authorizing staff to: enter into an agreement with the Canada Mortgage and Housing Corporation to secure the City's allocation of $203.3 million through this program; and, identify projects that can be made available for occupancy within twelve (12) months, in accordance with the terms and conditions of the Rapid Housing Initiative (RHI). City Council also approved approximately $59 million in pre-approved City Open Door incentives to support the creation of up to 800 affordable rental units under the program, to maximize the RHI opportunity and exceed the minimum unit requirement set out under the RHI. The acquisition and conversion of space within the existing development at 222 Spadina Avenue to create affordable supportive housing is being advanced under the RHI. The existing development is a ten-storey mixed commercial residential building containing commercial uses, 124 existing residential dwelling units, and 92 hotel rooms on the third, fourth and fifth floors. There are approximately 85 residents in the hotel rooms at 222 Spadina Avenue supported by the Native Child and Family Services, Covenant House and the YMCA. These shelter client residents and the operators will relocate to a new temporary shelter location at 92 Peter Street starting in early May. The City will acquire the space in mid-April 2021 and undertake interior renovations and alterations on the hotel room floors to convert the 92 hotel rooms to 84 self-contained dwelling units, shared laundry, a communal area and programming space, and a new outdoor amenity space on the 5th floor. There will be 78 bachelor units, 2 one-bedroom units and 4 two-bedroom units. A site specific zoning by-law for the property limits the building to a maximum of 116 dwelling units. Zoning relief is required to permit the additional residential units that would result from the conversion of the hotel rooms as well as provide full relief from vehicle parking and bicycle parking requirements, including one accessible parking space. Zoning relief is also required to address the current non-compliance of 124 existing residential dwelling units, which exceeds the 116 unit maximum allowable. Site Plan Approval is not required. The 877 Yonge Street property is a 15-storey building that was formerly operated as a 232 unit senior's residence comprised of 120 one-bedroom units, 34 bachelor units and 78 dwelling rooms. The property has been acquired by the City and will be undergoing interior renovations and alterations to create a total of 252 units, comprised of 120 one-bedroom and 132 bachelor units. In finalizing the renovation designs and drawings, it was determined that the existing conditions represent an excess number of vehicle and bicycle parking spaces relative to the needs of future residents, which will have a high proportion of seniors. Based on this, a lower rate of required vehicle and bicycle parking is proposed, the effect of which will mean there are opportunities to relocate the bicycle parking to a more desirable location within the underground garage and create a dedicated secure space for mobility scooters. Relief to the vehicle and bicycle parking requirements of the in-force zoning by-law for the site are required to address this change. Community engagement will be undertaken for each site as summarized in the report. To address the urgent need for creating affordable and supportive housing in Toronto, and according to the terms of the agreement between the City and Canada Mortgage and Housing Corporation with respect to the RHI program these units must be available for occupancy by the end of 2021. Given the terms of the RHI funding with respect to the timing of occupancy, this report recommends that City Council request that the Minister of Municipal Affairs and Housing make a Minister's Zoning Order to provide the necessary relief to permit the conversion of space within the existing development for affordable housing. The Planning Act gives the Minister of Municipal Affairs and Housing the power, by regulation, in respect of any lands in Ontario, to exercise any of the powers conferred on Council to zone lands and modify the zoning regulations for a given site.
The Planning and Housing Committee recommends that: 1. City Council request the Minister of Municipal Affairs and Housing to make two Minister's Zoning Orders, pursuant to Section 47 of the Planning Act for 222 Spadina Avenue to provide zoning relief for the total number of permitted dwelling units, and minimum required vehicle and bicycle parking spaces, including one accessible parking space, and for 877 Yonge Street to provide zoning relief for the minimum required vehicle and bicycle parking spaces, as included in Attachments 7 and 8 respectively to the report (April 8, 2021) from the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat.
Staff recommendation as filed
The Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat recommend that: 1. The Planning and Housing Committee request the Executive Director, Housing Secretariat to conduct community engagement for 222 Spadina Avenue and 877 Yonge Street as outlined in this report. 2. City Council request the Minister of Municipal Affairs and Housing to make two Minister's Zoning Orders, pursuant to Section 47 of the Planning Act for 222 Spadina Avenue to provide zoning relief for the total number of permitted dwelling units, and minimum required vehicle and bicycle parking spaces, including one accessible parking space, and for 877 Yonge Street to provide zoning relief for the minimum required vehicle and bicycle parking spaces, as included in Attachments 7 and 8 respectively to this report.
PH22.10referred
Creation of a Fair and Streamlined Access System for Affordable Housing
As outlined in the HousingTO 2020-2030 Action Plan, the City continues to develop and implement a range of program and policy initiatives to increase the supply of affordable housing in Toronto. The City currently considers affordable housing to be rental housing where the total monthly shelter cost is at or below average market rent determined by the Canada Mortgage and Housing Corporation (CMHC), as defined in the Official Plan and Municipal Housing Facility By-law Affordable housing is developed and operated by private and non-profit housing providers under various agreements with the City that secure and govern affordability. In addition to the City's social housing stock, there are over 8,000 affordable units currently under agreement with the City. This number is expected to rise substantially over the next ten years as the City works to meet its target in the HousingTO 2020-2030 Action Plan to approve 40,000 new affordable rental homes. Ensuring these units are filled by eligible households is critical to optimizing Toronto's limited affordable rental supply. The Housing Secretariat creates partnerships with housing providers to increase the supply of affordable housing through programs such as Open Door and Housing Now, where the City offers land, capital funding and other municipal incentives (e.g., property tax exemptions and waiving of planning application fees and development charges). Shelter, Support and Housing Administration (SSHA) is responsible for the ongoing administration of these units, providing oversight to ensure contractual compliance of rent levels and that units are being filled by households that meet eligibility and income requirements. In addition, City Planning oversees units created or secured through Official Plan policies, including rental replacement and Section 37 policies, which have different administrative requirements and compliance remedies than those developed through affordable housing programs led by the Housing Secretariat. Some affordable units secured through Section 37 also receive Open Door incentives, and as such, are administered by SSHA. As the City's delivery of affordable housing is expanding across a range of housing initiatives, this report recommends the creation of a centralized access system to streamline the process of advertising and filling future affordable units in a fair and transparent way. The proposed system will leverage the City's existing choice based access system for subsidized housing, with the goal of creating a single entry point for applicants to navigate a range of affordable and deeply affordable housing options that suit their needs. This report is seeking Council approval to execute an Implementation Plan (Attachment A), involving the design of a new affordable housing access system that integrates a client portal for the public to search and apply for available units, and a vacancy management system for housing providers to post vacancies and review applications. System design will be informed through a range of community and stakeholder consultation, with the goal of ensuring that access to the City's affordable housing units is transparent, fair and accessible. Additionally, this report provides an overview of the current affordable housing access and allocation system, as well as cross-divisional efforts underway to streamline administration and improve City oversight. This responds to City Council's request at its meeting on October 27, 2020 (item PH17.3), that the Housing Secretariat, SSHA and City Planning report back with an implementation plan that establishes transparent access plans for new affordable housing, including rental replacement units, and a process to ensure compliance with access plan requirements. All new housing projects under SSHA administration are already required to complete and submit an Access Plan for City review and approval. Access Plans guide and document how housing providers are advertising available units and selecting tenants, in support of a transparent selection process. City Planning is working to strengthen oversight of affordable units and align access requirements with SSHA where possible, until a centralized access system is in place. As part of these efforts, City Planning has been working with rental replacement owners to develop housing access plans for all units that are not occupied by returning tenants. At this meeting, City Council also requested that staff review compliance of existing agreements that secure rental replacement units to ensure that owners are advertising and filling units on a fair and open basis. City Planning will fulfill this request in Q3 2021, through a historical review of previous rental replacement agreements to ensure compliance.
The Planning and Housing Committee: 1. Referred the item to the General Manager, Shelter, Support and Housing Administration, the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat with the request to: a. engage stakeholders (including the public, private and not profit housing providers, community organizations and the development industry) in designing a model for a new affordable housing centralized access system which would leverage the City's current choice-based system for subsidized housing to allow applicants to search and apply for available affordable housing and allow housing providers to advertise and fill affordable units with eligible applicants through a randomized draw process. b. report back to Planning and Housing Committee before the end of 2021 with: 1. a recommended concept design of the new access model including allocation methodology and resource requirements to develop and build the new system. 2. a recommended approach to consolidate and streamline the future administration of new affordable housing contracts and agreements including any related resource and staffing requirements to ensure effective program compliance and monitoring. 2. Referred the following motion by Councillor Brad Bradford to the General Manager, Shelter, Support and Housing Administration, the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat: "City Council request the General Manager, Shelter, Support and Housing Administration, the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat, in consultation with all relevant City Divisions, to include in the new access system measures to: a. Report the number of units posted and occupied through the platform as part of the affordable housing performance targets outlined in the HousingTO 2020-2030 Implementation Plan; b. Track the number of units added to the access system geographically by ward, and to include this data as part of the annual report on HousingTO 2020-2030, and as part of a housing data strategy for the City; c. Include other relevant key indicators from access system data in a public format, such as on the City's Open Data portal; and d. Enable access and integration of this data across City of Toronto divisions and agencies, with particular regard to utilizing this data to inform housing and homelessness policy decisions."
Staff recommendation as filed
The General Manager, Shelter, Support and Housing Administration, the Chief Planner and Executive Director, City Planning and the Executive Director, Housing Secretariat recommend that: 1. City Council approve the Centralized Access System for Affordable Housing Implementation Plan, as set out in Attachment A. 2. City Council direct the General Manager, Shelter, Support and Housing Administration, to execute the Implementation Plan in Attachment A, for the development of a centralized affordable housing access system for units subject to an agreement with the City of Toronto that include a maximum income requirement and limits rents to average market rent, as determined by the Canada Mortgage and Housing Corporation; and direct the Chief Planner and Executive Director, City Planning, and Executive Director, Housing Secretariat, to work with the General Manager, Shelter, Support and Housing Administration to implement this plan. 3. City Council direct the Chief Planner and Executive Director, City Planning, to include requirements in all new term sheets to be implemented in all new agreements securing new affordable housing units and new affordable replacement rental units for land owners to advertise and allocate affordable units in a manner consistent with practices for new affordable housing units secured by the Housing Secretariat, and administered by Shelter, Support and Housing Administration, including requirements for an approved access plan, housing benefit targets, income eligibility and the use of a centralized affordable access system.
PH22.11adopted
In December 2019, City Council approved the Community Housing Partnership Renewal Program (CHPR), a new program designed to incentivize former federal non-profit housing providers with expired operating agreements to enter into new agreements with the City. CHPR is a key initiative within the HousingTO 2020-2030 Action Plan, to secure affordable housing and maintain or improve levels of affordability. The implementation of CHPR requires site-specific authority from Council to approve individual municipal housing facility agreements for participating housing providers. In October 2020, City Council approved the first round of non-profit housing providers that committed to participating in the program. Four housing providers enrolled into the CHPR program, securing a total of 360 affordable rental units for 20-year terms. The purpose of this report is to obtain Council authority for Shelter, Support and Housing Administration (SSHA) to implement the second round of non-profit housing providers that have committed to participating in CHPR. This includes enrolling two housing providers with a total of 237 affordable rental units; 139 units for a 20-year term and 98 units for a 10-year term. In addition to securing affordable rental units, agreements under CHPR will deepen affordability through the provision of housing benefits.
The Planning and Housing Committee recommends that: 1. City Council authorize the General Manager, Shelter, Support and Housing Administration, to negotiate and enter into, on behalf of the City, a municipal housing facility agreement (the City's Contribution Agreement) with the housing providers described in Table 2 in the Financial Impact section of report (April 8, 2021) from the General Manager, Shelter, Support and Housing Administration, to secure affordable housing in accordance with By-law 1756-2019, in return for the exemption from taxation for municipal and school purposes, on terms and conditions satisfactory to the General Manager, Shelter Support and Housing Administration, in a form approved by the City Solicitor. 2. City Council authorize an exemption from taxation for municipal and school purposes for the properties and periods of time described in Table 2 in the Financial Impact section of report (April 8, 2021) from the General Manager, Shelter, Support and Housing Administration, with the tax exemption being effective from the "Effective Date" of the City's Contribution Agreement. 3. City Council authorize the Controller to cancel or refund any taxes paid after the Effective Date of the City's Contribution agreement. 4. City Council direct the City Clerk to give written notice of each By-law authorizing the municipal housing facility agreements to the Minister of Finance, and written notice of each By-law authorizing an exemption from taxation for municipal and school purposes to the Municipal Property Assessment Corporation, and to the Toronto District School Board, the Toronto Catholic District School Board, le Conseil scolaire Viamonde, and le Conseil scolaire catholique MonAvenir, as appropriate.
Staff recommendation as filed
The General Manager, Shelter, Support and Housing Administration, recommends that: 1. City Council authorize the General Manager, Shelter, Support and Housing Administration, to negotiate and enter into, on behalf of the City, a municipal housing facility agreement (the City's Contribution Agreement) with the housing providers described in Table 2 in the Financial Impact section of report (April 8, 2021) from the General Manager, Shelter, Support and Housing Administration, to secure affordable housing in accordance with By-law 1756-2019, in return for the exemption from taxation for municipal and school purposes, on terms and conditions satisfactory to the General Manager, Shelter Support and Housing Administration, in a form approved by the City Solicitor. 2. City Council authorize an exemption from taxation for municipal and school purposes for the properties and periods of time described in Table 2 in the Financial Impact section of report (April 8, 2021) from the General Manager, Shelter, Support and Housing Administration, with the tax exemption being effective from the "Effective Date" of the City's Contribution Agreement. 3. City Council authorize the Controller to cancel or refund any taxes paid after the Effective Date of the City's Contribution agreement. 4. City Council direct the City Clerk to give written notice of each By-law authorizing the municipal housing facility agreements to the Minister of Finance, and written notice of each By-law authorizing an exemption from taxation for municipal and school purposes to the Municipal Property Assessment Corporation, and to the Toronto District School Board, the Toronto Catholic District School Board, le Conseil scolaire Viamonde, and le Conseil scolaire catholique MonAvenir, as appropriate.
PH22.12adopted
Protecting Tenants - Protocols to Support Tenants in Cases of Evacuation or Emergency Evictions
Recently, a number of tenants faced emergency evacuation orders as a result of life safety issues which emanated from the actions of their landlord in creating and renting units that were both unsafe and not permissible under planning and building regulations. In this instance, where rental units were created above an automotive facility, tenants were presented with twenty four hour evacuation orders on a Friday resulting in considerable distress for these tenants through no fault of theirs. The catalyst for identifying this situation was a tenant's carbon monoxide detector setting off an alarm. This kind of situation has occurred before and as in this situation, tenants were required to evacuate their homes due to life safety issues. This clearly occurs too often. One of the major challenges facing tenants was a lack of clarity and information in terms of their immediate need for alternative housing and also with regard to their rights.
The Planning and Housing Committee recommends that: 1. City Council direct the City Manager to consult with officials of the Government of Ontario to request the establishment of a Landlord and Tenant Board telephone number where tenants, or the City, can connect with provincial officials outside of regular business hours in situations where residents are the subject of emergency evacuation orders.
Staff recommendation as filed
Councillor Ana Bailão recommends that: 1. The Planning and Housing Committee request the Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the Fire Chief and General Manager, Fire Services, the City Solicitor, the General Manager, Shelter Support and Housing Administration and the Executive Director, Housing Secretariat to report to the June 28th, 2021 meeting of the Planning and Housing Committee regarding: a. Recommendations on amendments to interdivisional response plans to enhance and improve the effectiveness and timeliness of interdivisional coordination when orders prohibiting occupancy of a building are issued and tenants may be required to evacuate, with a view to ensuring that appropriate communication with tenants takes place and is effective; b. Recommendations on protocols that can be developed with respect to ensuring that relevant support staff are on-site to support tenants in their emergency housing needs when evacuation orders are issued; and c. Resources and information that the City provides to tenants and property owners when orders prohibiting occupancy of a building are issued and tenants may be required to evacuate and provide recommendations on any further or other information that may be provided to tenants to identify resources available to immediately assist them, including the protection of their rights. 2. City Council direct the City Manager to consult with officials of the Government of Ontario to request the establishment of a Landlord and Tenant Board telephone number where tenants, or the City, can connect with provincial officials outside of regular business hours in situations where residents are the subject of emergency evacuation orders.
PH22.13adopted
Online Landlord and Tenant Board (LTB) Hearings
Many Torontonians are in a precarious financial position as a result of the economic outfall of the current pandemic. An estimated 35,000-45,000 Torontonians are in arrears on their rent. As well, dishonest N12 and N13 evictions continue to put many Torontonians' homes at risk. In August 2020, as a response to the current pandemic, the Landlord and Tenant Board (LTB) began to hold virtual hearings; a practice Tribunals Ontario has recently announced will continue after the pandemic. In October 2020 over 45 legal clinics in Ontario outlined their concerns with virtual meetings and presented them to the province. Their report, Ontario Legal Clinics' Concerns: Landlord and Tenant Board's Operations during the COVID-19 Pandemic, outlines several issues that would stand true even in a post-pandemic environment with expanded virtual hearings. Specific concerns include: - unequal access to technology, printers, phone minutes or private space affecting ability of some individuals to participate meaningfully in virtual meetings - tenants with a low-income or disability facing challenges to participate in electronic hearings - audio or video challenges resulting in some people experiencing problems during a hearing potentially losing their housing - challenges receiving/providing some types of evidence electronically Since COVID-19 and the LTB's move to virtual meetings, the imbalance between tenants and landlords has become more pronounced primarily for tenants with low-incomes or with a disability. Some tenants have limited access to technology or financial means to participate in this type of proceeding. Even before the COVID-19 pandemic, Toronto City Council is on record calling for the province to address the power imbalance between landlords and tenants at the LTB. The City's July 2020 submission on Bill 184 - Protecting Tenants and Strengthening Community Housing Act, 2020, outlines some of the barriers some tenants face at the LTB. Some tenants do not have access to legal support and face challenges navigating the LTB process. The City in its submission also called for increased investments in legal aid to address these barriers. Furthermore, in July 2020, (item PH 15.10) Council also voted: ..direct the City Solicitor to commence a challenge to those amendments of The Protecting Tenants and Strengthening Community Housing Act, 2020, outlined in the supplementary report (July 26, 2020) from the City Solicitor on the basis that they are contrary to rules of procedural fairness and natural justice All of this means Tribunals Ontario plans to hold the Landlord & Tenant Board (LTB) hearings online post pandemic, as part of the Ontario government's new Justice Accelerated strategy, will be very problematic for many tenants. Though there may be many benefits to adopting digital strategies and exploring new ways to access and improve justice, COVID-19 has reinforced that not everyone has the same access to technology, resources or information. Any new approach should be carefully considered to ensure that there are no unintended consequences such as exacerbating the power imbalance between tenants and landlords. Though for some tenants in certain situations, online hearings would be preferable, the default should be in-person meetings and those tenants with the resources and preference should be given the option to have their hearing online. Once it is safe to do so, the LTB should revert to is previous procedures and the new online hearing model should not be the default but rather an option available to those tenants and landlords who actively choose it. While it is still not safe to do hold in-person hearings due to the spread of Covid-19, the Landlord Tenant Board should stop the processing of applications, notices, hearings and enforcement of evictions to prevent further homelessness, a measure requested by Toronto City Council in February 2021.
The Planning and Housing Committee recommends that: 1. City Council request the Province through the Ministry of the Attorney General to take the following actions to mitigate any negative impacts on tenants during the implementation of the Justice Accelerated strategy as it relates to the Landlord and Tenant Board: a. limit the mandatory requirement for digital or virtual hearings to the pandemic response; b. make in person hearings the default format after the pandemic while providing the choice of digital or virtual hearings if both parties agree and clearly understand the process; c. develop clear guidelines that are easily accessible that outline how to request a change in format for a hearing or identify challenges during a virtual hearing; d. consult with legal clinics, tenant advocate groups, people with lived experience and landlords in advance of making digital hearings an option to ensure challenges that surfaced using this method during the pandemic are addressed; and e. restore and enhance funding for legal aid clinics so that tenants have the support required to participate meaningfully and with support if needed in Landlord and Tenant Board proceedings.
Staff recommendation as filed
Councillor Paula Fletcher recommends to that the Planning and Housing Committee recommend: 1. City Council request the Province through the Ministry of the Attorney General to take the following actions to mitigate any negative impacts on tenants during the implementation of the Justice Accelerated strategy as it relates to the Landlord and Tenant Board: a. limit the mandatory requirement for digital or virtual hearings to the pandemic response; b. make in person hearings the default format after the pandemic while providing the choice of digital or virtual hearings if both parties agree and clearly understand the process; c. develop clear guidelines that are easily accessible that outline how to request a change in format for a hearing or identify challenges during a virtual hearing; d. consult with legal clinics, tenant advocate groups, people with lived experience and landlords in advance of making digital hearings an option to ensure challenges that surfaced using this method during the pandemic are addressed; and e. restore and enhance funding for legal aid clinics so that tenants have the support required to participate meaningfully and with support if needed in LTB proceedings.