Toronto and East York Community Council
The full agenda, as filed
All 138 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
Items 51 to 75 of 138Show 2550100all
TE7.51adopted
This report provides information and identifies a preliminary set of issues regarding the proposal to redevelop the lands at 2946-2968 Dundas Street West. The Zoning By-law Amendment and Rental Housing Demolition applications propose an 8-storey mixed-use building with 102 dwelling units, including 8 rental replacement units. Staff are currently reviewing the applications. They have been circulated to all appropriate agencies and City divisions for comment. Staff will proceed to schedule a community consultation meeting for the application with the Ward Councillor. The Rental Housing Demolition application will be reviewed concurrently with the Zoning By-law Amendment application.
The Toronto and East York Community Council directed: 1. Staff to schedule another community consultation meeting for the application located at 2946-2968 Dundas Street West together with the Ward Councillor.
Staff recommendation as filed
The City Planning Division recommends that: 1. Staff schedule another community consultation meeting for the application located at 2946-2968 Dundas Street West together with the Ward Councillor.
TE7.52adopted
This report provides information and identifies a preliminary set of issues regarding the application located at 126, 132, and 142 John Street, 259, 261, 263, and 267 Richmond Street West and 41-59 Widmer Street. Staff are currently reviewing the application. It has been circulated to all appropriate agencies and City divisions for comment. Staff will proceed to schedule a community consultation meeting for the application in consultation with the Ward Councillor.
The Toronto and East York Community Council directed: 1. Staff to schedule a community consultation meeting for the application located at 126, 132, and 142 John Street, 259, 261, 263 and 267 Richmond Street West and 41-59 Widmer Street in consultation with the Ward Councillor. 2. Notice for the community consultation meeting be given 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.
Staff recommendation as filed
The City Planning Division recommends that: 1. Staff schedule a community consultation meeting for the application located at 126, 132, and 142 John Street, 259, 261, 263 and 267 Richmond Street West and 41-59 Widmer Street in consultation with the Ward Councillor. 2. Notice for the community consultation meeting be given 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.
TE7.53amended
100 McCaul Street - OCAD University - Zoning Amendment Application - Preliminary Report
This report provides information and identifies a preliminary set of issues regarding the application for a nine-storey addition to an existing four-storey institutional building located on the north end of the 100 McCaul Street property. Staff are currently reviewing the application, which has been circulated to all appropriate agencies and City divisions for comment. Staff will proceed to schedule a community consultation meeting for the application with the Ward Councillor.
The Toronto and East York Community Council directed: 1. Staff to schedule a community consultation meeting for the lands pertaining to 100 McCaul Street, which includes the provision of light refreshments and, when required, childcare and accessibility resources including sign language interpretation at the sole cost of the applicant, together with the Ward Councillor. 2. Notice for the community consultation meeting be given to landowners and residents within 120 metres of the 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.
Staff recommendation as filed
The City Planning Division recommends that: 1. Staff schedule a community consultation meeting for the application located at 100 McCaul Street together with the Ward Councillor. 2. Notice for the community consultation meeting be given 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.
TE7.54adopted
15 Devonshire Place and 6 Hoskin Avenue - Zoning Amendment Application - Preliminary Report
This report provides information and identifies a preliminary set of issues regarding the application located at 15 Devonshire Place and 6 Hoskin Avenue for a 14-storey institutional building. Staff are currently reviewing the application. It has been circulated to all appropriate agencies and City divisions for comment. Staff will proceed to schedule a community consultation meeting for the application with the Ward Councillor.
The Toronto and East York Community Council directed: 1. Staff to schedule a community consultation meeting for the application located at 15 Devonshire Place and 6 Hoskin Avenue together with the Ward Councillor. 2. Notice for the community consultation meeting be given 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.
Staff recommendation as filed
The City Planning Division recommends that: 1. Staff schedule a community consultation meeting for the application located at 15 Devonshire Place and 6 Hoskin Avenue together with the Ward Councillor. 2. Notice for the community consultation meeting be given 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.
TE7.55adopted
316-320 Dupont Street - Zoning Amendment Application - Preliminary Report
This report provides information and identifies a preliminary set of issues regarding the application located at 316-320 Dupont Street. Staff are currently reviewing the application. It has been circulated to all appropriate agencies and City divisions for comment. City Planning held a community consultation meeting with the Ward Councillor on April 9, 2019.
The Toronto and East York Community Council directed: 1. Additional mailing costs resulting from the expanded notification area for the community consultation meeting held on April 9, 2019 beyond 120 metres of the site, be borne by the applicant.
Staff recommendation as filed
The City Planning Division recommends that: 1. Additional mailing costs resulting from the expanded notification area for the community consultation meeting held on April 9, 2019 beyond 120 metres of the site, be borne by the applicant.
TE7.56amended
244 Lonsmount Drive - Zoning Amendment Application - Preliminary Report
This report provides information and identifies a preliminary set of issues regarding the application located at 244 Lonsmount Drive. Staff are currently reviewing the application for five, 4-storey townhouses. It has been circulated to all appropriate agencies and City divisions for comment. Staff will proceed to schedule a community consultation meeting with the Ward Councillor.
The Toronto and East York Community Council directed: 1. Staff schedule a community consultation meeting for the lands pertaining to 244 Lonsmount Drive, which includes the provision of light refreshments and, when required, childcare and accessibility resources including sign language interpretation at the sole cost of the applicant, together with the Ward Councillor. 2. Notice for the community consultation meeting be given to landowners and residents within 120 metres of the 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.
Staff recommendation as filed
The City Planning Division recommends that: 1. Staff schedule a community consultation meeting for the application located 244 Lonsmount Drive together with the Ward Councillor. 2. Notice for the community consultation meeting be given 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.
TE7.57amended
This report provides information and identifies a preliminary set of issues regarding the application located at 1485-1525 Yonge Street, 1-31 Heath Street East, and 30-36 Alvin Avenue. Staff are currently reviewing the application for a mixed-use development including three residential towers. It has been circulated to all appropriate agencies and City divisions for comment. Staff will proceed to schedule a community consultation meeting with the Ward Councillor.
The Toronto and East York Community Council directed: 1. Staff schedule a community consultation meeting for the lands pertaining to 1485-1525 Yonge Street, 1-31 Heath Street East, and 30-38 Alvin Avenue, which includes the provision of light refreshments and, when required, childcare and accessibility resources including sign language interpretation at the sole cost of the applicant, together with the Ward Councillor. 2. Notice for the community consultation meeting be given to landowners and residents within 120 metres of the 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.
Staff recommendation as filed
The City Planning Division recommends that: 1. Staff schedule a community consultation meeting for the application located at 1485-1525 Yonge Street, 1-31 Heath Street East, and 30-36 Alvin Avenue together with the Ward Councillor. 2. Notice for the community consultation meeting be given 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.
TE7.58amended
573 King Street East - Zoning Amendment Application Preliminary Report
This report provides information and identifies a preliminary set of issues regarding the Zoning By-law Amendment application located at 573 King Street East for the introduction of additional uses within the existing building on the property. Staff are currently reviewing the application. It has been circulated to all appropriate agencies and City divisions for comment. Staff will proceed to schedule a community consultation meeting for the application with the Ward Councillor.
The Toronto and East York Community Council directed: 1. Staff schedule a community consultation meeting for the application located at 573 King Street East, which includes the provision of light refreshments and, when required, childcare and accessibility resources including sign language interpretation at the sole cost of the applicant, together with the Ward Councillor. 2. Notice for the community consultation meeting be given 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. 3. Directed the applicant, in consultation with Transportation Services, to maintain any bike lanes, and install appropriate signage to inform drivers and cyclists of any changes to the cycling lanes. 4. In areas where no cycling lanes exist, direct the applicant, in consultation with Transportation Services, to install sharrow markings onto the roadway and display appropriate signage on the hoarding board to inform motorists and cyclist to safely share the road. 5. Directed the Director, Community Planning, Toronto and East York District and the applicant, in consultation with City Planning, Transportation Services, Parks, Forestry and Recreation and any other necessary City officials, to create a working group and to consult with the local community as part of the Site Plan process, including the local residents association and other stakeholders, on the following prior to the issuance of Final Site Plan Approval pursuant to Section 114 of the City of Toronto Act: a construction and traffic management plan; landscape and public realm plans; building materials and lighting; and other issues as identified by the Ward Councillor.
Staff recommendation as filed
The City Planning Division recommends that: 1. Staff schedule a community consultation meeting for the application located at 573 King Street East together with the Ward Councillor. 2. Notice for the community consultation meeting be given 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.
TE7.59adopted
This report provides an update on the Danforth Avenue Planning Study (Coxwell Avenue to Victoria Park Avenue) and submits the completed Urban Design Guidelines ("Guidelines") that will be used as a tool to help evaluate development applications and other forms of change, including streetscape improvements, within the study area. On July 23, 2018, City Council adopted Item #TE34.22, which included By-law 1136-2018 that implemented Official Plan Amendment #420 (OPA 420). OPA 420 represents the planned policy direction for the future growth of the study area. Included within OPA 420 is a policy direction on how to apply the associated Guidelines when evaluating development applications. OPA 420 is currently under appeal at the Local Planning Appeal Tribunal (LPAT). As part of Council's decision, City Planning staff were directed to complete the Guidelines, post them online for public review, and submit them to a future Council meeting in 2019. This report reviews the Guidelines, in brief, and recommends that Council adopt them for future use by City staff as a tool to evaluate development applications and other forms of change within the study area.
The Toronto and East York Community Council recommends that: 1. City Council adopt the Urban Design Guidelines attached as Attachment 1 to the report (June 7, 2019) from the Director, Community Planning, Toronto and East York District and direct City Planning and other appropriate City staff to use them as a tool in the review of development applications and other initiatives on Danforth Avenue (between Coxwell Avenue and Victoria Park Avenue).
Staff recommendation as filed
The Director, Community Planning, Toronto and East York recommends that: 1. City Council adopt the Urban Design Guidelines attached as Attachment 1 to the report (June 7, 2019) from the Director, Community Planning, Toronto and East York District and direct City Planning and other appropriate City staff to use them as a tool in the review of development applications and other initiatives on Danforth Avenue (between Coxwell Avenue and Victoria Park Avenue).
TE7.60adopted
St. Clair Avenue West and Bathurst Street Area Planning Framework
This report introduces and recommends a Planning Framework for the St. Clair Avenue West and Bathurst Street area to be used to evaluate current and future development applications. The Planning Framework includes a vision statement, defined character areas, built form objectives, and a public realm network plan. The Planning Framework will apply to a study boundary that extends out from the St. Clair Avenue West and Bathurst Street intersection generally between Vaughan Road and Walmer Road. To the south this generally includes the triangle bounded by Bathurst Street and Vaughan Road and to the north the study area extends to Tichester Road with a portion extending further northwest of Bathurst Street. See Attachment 1 for the study area boundary. The Framework was developed with significant input and feedback from the community and based on a review and analysis by Planning staff. The Framework encourages a sense of place and guides development with a vision of well-designed and appropriately scaled built form, for each defined character area, and a cohesive network of pedestrian features. The Framework is also intended to act as a guide to intensification by detailing built form principles for each character area.
The Toronto and East York Community Council recommends that: 1. City Council adopt the St. Clair Avenue West and Bathurst Street area Planning Framework and direct City staff to apply the Planning Framework during the review of current and future development applications.
Staff recommendation as filed
The City Planning Division recommends that: 1. City Council adopt the St. Clair Avenue West and Bathurst Street area Planning Framework and direct City staff to apply the Planning Framework during the review of current and future development applications.
TE7.61adopted
Construction Staging Area - 57 Spadina Avenue
As the Toronto Transit Commission (TTC) operates a transit service on Spadina Avenue, City Council approval of this report is required. Tricon Capital Group Inc. is constructing a 36-storey rental development with four levels of underground parking and a total of 286 units at 57 Spadina Avenue. The site is located on the south-east quadrant of Spadina Avenue and King Street West. In order to enable construction of the above mentioned development, Transportation Services is requesting approval to close the northbound curb lane and a portion of the sidewalk on the east side of Spadina Avenue, between a point 12 metres north of Clarence Square (north intersection) and a point 62 metres north for a period of 26 months.
The Toronto and East York Community Council, recommends that: 1. City Council approve the closure portion of the east sidewalk and a 3.5 metre wide portion of the northbound curb lane on Spadina Avenue, between a point 12 metres north of Clarence Square (north intersection) and a point 62 metres further north. A temporary 1.7 metre pedestrian walkway will be provided within the closed portion of the northbound curb lane, from July 17, 2019 to August 31, 2021. 2. City Council rescind the existing parking prohibition in effect at all times on the east side of Spadina Avenue, from Clarence Square (north intersection) to a point 50 metres north. 3. City Council rescind the existing Stopping prohibition in effect from 7:30 a.m. to 9:30 am. and 3:30 p.m. to 6:30 p.m., Monday to Friday, except public holidays, on the east side of Spadina Avenue, between Clarence Square (north intersection) and King Street West. 4. City Council rescind the existing standing prohibition in effect from 6:30 p.m. to 12:00 midnight, Monday to Friday except public holidays and from 12:00 noon to 6:00 p.m. Saturday and Sunday and public holidays, on the east side of Spadina Avenue, between Clarence Square (north intersection) and King Street West. 5. City Council prohibit stopping at all times on the east side Spadina Avenue, between Clarence Square (north intersection) and King Street West. 6. City Council direct the applicant to post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site. 7. City Council direct the applicant to provide and install public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor. 8. City Council direct that Spadina Avenue be returned to its pre-construction traffic and parking regulations when the project is complete.
Staff recommendation as filed
The Acting Director, Traffic Management, Transportation Services, recommends that: 1. City Council approve the closure portion of the east sidewalk and a 3.5 metre wide portion of the northbound curb lane on Spadina Avenue, between a point 12 metres north of Clarence Square (north intersection) and a point 62 metres further north. A temporary 1.7 metre pedestrian walkway will be provided within the closed portion of the northbound curb lane, from July 17, 2019 to August 31, 2021. 2. City Council rescind the existing parking prohibition in effect at all times on the east side of Spadina Avenue, from Clarence Square (north intersection) to a point 50 metres north. 3. City Council rescind the existing Stopping prohibition in effect from 7:30 a.m. to 9:30 am. and 3:30 p.m. to 6:30 p.m., Monday to Friday, except public holidays, on the east side of Spadina Avenue, between Clarence Square (north intersection) and King Street West. 4. City Council rescind the existing standing prohibition in effect from 6:30 p.m. to 12:00 midnight, Monday to Friday except public holidays and from 12:00 noon to 6:00 p.m. Saturday and Sunday and public holidays, on the east side of Spadina Avenue, between Clarence Square (north intersection) and King Street West. 5. City Council prohibit stopping at all times on the east side Spadina Avenue, between Clarence Square (north intersection) and King Street West. 6. City Council direct the applicant to post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site. 7. City Council direct the applicant to provide and install public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor. 8. City Council direct that Spadina Avenue be returned to its pre-construction traffic and parking regulations when the project is complete.
TE7.62adopted
This staff report is about a matter that Community Council has delegated authority to make a final decision, provided that it is not amended so that it varies with City policy or by-laws. Cresford Developments is constructing a 44-storey condominium at 587 - 599 Yonge Street. The site is bounded by Gloucester Street to the north, James Canning Gardens to the east, Dundonald Street to the south and Yonge Street to the west. Toronto and East York Community Council, at its meeting on June 13, 2017, approved the subject construction staging area on Gloucester Street and Dundonald Street, from June 19, 2017 to July 31, 2019. Transportation Services is requesting approval to extend the duration of the construction staging area on Gloucester Street and Dundonald Street for an additional 12 months (i.e. from August 1, 2019 to July 31, 2020) in order to complete the construction of the development. The developer has requested an extension of the duration of the construction staging area on Gloucester Street and Dundonald Street in order to complete the construction of the development. Based on the information provided by the developer, the subject construction staging areas have not been implemented due to various conflicting projects on Gloucester Street and Dundonald Street.
The Toronto and East York Community Council: 1. Approved the continuation of closure of the sidewalk on the south side of Gloucester Street, between a point 16.5 metres east of Yonge Street and a point 33.7 metres further east, from August 1, 2019 to July 31, 2020. 2. Approved the continuation of the closure of a 2.9 metre wide portion of the westbound lane on the south side of Gloucester Street, between a point 12.9 metres east of Yonge Street and a point 37.5 metres further east, from August 1, 2019 to July 31, 2020. 3. Approved the continuation of the closure of the sidewalk on the north side of Dundonald Street, between Yonge Street and a point 53.0 metres east, from August 1, 2019 to July 31, 2020. 4. Approved the continuation of the closure of a 2.9 metre wide portion of the westbound lane on the north side of Dundonald Street, between a point 4.9 metres east of Yonge Street and a point 47.9 metres further east, from August 1, 2019 to July 31, 2020. 5. Directed the applicant to continue posting a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site. 6. Directed the applicant to continue providing and installing public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor. 7. Directed that Gloucester Street and Dundonald Street be returned to its pre-construction traffic and parking regulations when the project is complete.
Staff recommendation as filed
The Acting Director, Traffic Management, Transportation Services, recommends that: 1. Toronto and East York Community Council approve the continuation of closure of the sidewalk on the south side of Gloucester Street, between a point 16.5 metres east of Yonge Street and a point 33.7 metres further east, from August 1, 2019 to July 31, 2020. 2. Toronto and East York Community Council approve the continuation of the closure of a 2.9 metre wide portion of the westbound lane on the south side of Gloucester Street, between a point 12.9 metres east of Yonge Street and a point 37.5 metres further east, from August 1, 2019 to July 31, 2020. 3. Toronto and East York Community Council approve the continuation of the closure of the sidewalk on the north side of Dundonald Street, between Yonge Street and a point 53.0 metres east, from August 1, 2019 to July 31, 2020. 4. Toronto and East York Community Council approve the continuation of the closure of a 2.9 metre wide portion of the westbound lane on the north side of Dundonald Street, between a point 4.9 metres east of Yonge Street and a point 47.9 metres further east, from August 1, 2019 to July 31, 2020. 5. Toronto and East York Community Council direct the applicant to continue posting a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site. 6. Toronto and East York Community Council direct the applicant to continue providing and installing public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor. 7. Toronto and East York Community Council direct that Gloucester Street and Dundonald Street be returned to its pre-construction traffic and parking regulations when the project is complete.
TE7.63amended
Construction Staging Area - Logan Avenue 794 Gerrard Street East
This staff report is about a matter that Community Council has delegated authority to make a final decision provided that it is not amended, so that it varies with City policy or by-laws. Transportation Services is requesting approval to close the east sidewalk and curb lane on Logan Avenue for a period of 27 months. Laughlin Solutions Incorporated is building a 6-storey condominium with a total of 58 units, stacked parking garage for approximately 33 cars and three (3) surface parking space. The project is bordered by the following streets and / or properties: North Side Private Residential Laneway South Side Gerrard Street East East Side Single Family Residential West Side Logan Avenue To enable construction, the applicant requires the aforementioned closures.
The Toronto and East York Community Council: 1. Authorized the closure of the east sidewalk and 3.9 metres of the northbound curb lane on Logan Avenue, from Gerrard Street East to a point 31.7 metres further north, from June 27, 2019 to October 31, 2021. 2. Rescinded the existing parking prohibition in effect anytime on the east side of Logan Avenue, from Gerrard Street East to a point 38 metres north. 3. Rescinded the existing parking prohibition in effect anytime on the west side of Logan Avenue, from a point 20 metres north of Gerrard Street East to a point 24 metres further north. 4. Prohibited stopping at all times on the west side of Logan Avenue, from a point 20 metres north of Gerrard Street East to a point 24 metres further north. 5. Directed the applicant to post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site. 5. Directed the applicant to provide and install public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor. 6. Directed that Logan Avenue be returned to its pre-construction traffic regulations when the project is completed. 7. Direct the applicant to install appropriate signage and converging mirrors to ensure that pedestrians, cyclists and motorists safety is considered at all times. 8. Direct the applicant to create a publicly accessible website with regular construction updates and post the website address on the subject site. 9. Direct the applicant to ensure that the existing sidewalks and all pedestrian walkways have proper lighting to ensure safety and visibility at all times of the day and night. 10. Direct the applicant to pressure wash the adjacent sidewalks, laneways and roadways weekly, or more frequently as needed to be cleared of any construction debris and made safe.
Staff recommendation as filed
The Acting Director, Traffic Management, Transportation Services, recommends that: 1. Toronto and East York Community Council authorize the closure of the east sidewalk and 3.9 metres of the northbound curb lane on Logan Avenue, from Gerrard Street East to a point 31.7 metres further north, from June 27, 2019 to October 31, 2021. 2. Toronto and East York Community Council rescind the existing parking prohibition in effect anytime on the east side of Logan Avenue, from Gerrard Street East to a point 38 metres north. 3. Toronto and East York Community Council rescind the existing parking prohibition in effect anytime on the west side of Logan Avenue, from a point 20 metres north of Gerrard Street East to a point 24 metres further north. 4. Toronto and East York Community Council prohibit stopping at all times on the west side of Logan Avenue, from a point 20 metres north of Gerrard Street East to a point 24 metres further north. 5. Toronto and East York Community Council direct the applicant to post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site. 5. Toronto and East York Community direct the applicant to provide and install public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor. 6. Toronto and East York Community direct that Logan Avenue be returned to its pre-construction traffic regulations when the project is completed.
TE7.64adopted
Installation/Removal of On-Street Accessible Parking Spaces - May 2019 - Delegated
This staff report concerns a matter for which Community Council has delegated authority from City Council to make a final decision. The purpose is to obtain approval for the installation/removal of a number of on-street accessible parking spaces.
The Toronto and East York Community Council: 1. Authorized the installation/removal of on-street accessible parking spaces at the locations identified in Appendix A attached to the report (May 31, 2019) from the Acting Director, Traffic Management, Transportation Services.
Staff recommendation as filed
The Acting Director, Traffic Management, Transportation Services, recommends that: 1. Toronto and East York Community Council authorize the installation/removal of on-street accessible parking spaces at the locations identified in Appendix A attached to the report dated May 31, 2019 from the Acting Director, Traffic Management, Transportation Services.
TE7.65adopted
Temporary Adjustments to Parking Regulations for 2019 Canadian National Exhibition - Delegated
This staff report concerns a matter for which the Community Council has delegated authority from City Council to make a final decision. The temporary parking amendments recommended are required to enhance traffic operations and pedestrian safety during this year's Canadian National Exhibition (CNE), which takes place from August 16 to September 2, 2019, inclusive. A companion report, "Temporary Adjustments to Traffic and Parking Regulations for 2019 Canadian National Exhibition - Non-Delegated" outlines the required delegated temporary traffic and parking amendments for locations with TTC service.
The Toronto and East York Community Council: 1. Authorized the temporary parking regulations on streets in the vicinity of Exhibition Place that are impacted during the Canadian National Exhibition, identified in Appendix A attached to the report (June 6, 2019), from the Acting Director, Transportation Services, Toronto and East York District.
Staff recommendation as filed
The Acting Director, Traffic Management, Transportation Services, recommends that: 1. Toronto and East York Community Council authorize the temporary parking regulations on streets in the vicinity of Exhibition Place that are impacted during the Canadian National Exhibition, identified in Appendix "A" attached to the report dated June 6, 2019, from the Acting Director, Transportation Services, Toronto and East York District.
TE7.66adopted
The purpose of this report is to seek City Council's authority to enact temporary traffic and parking amendments required to enhance traffic operations and pedestrian safety during the annual Canadian National Exhibition (CNE), which takes place from August 16 to September 2, 2019, inclusive. As this staff report concerns roadways with regular Toronto Transit Commission service, Council approval is required. A companion report, "Temporary Adjustments to Parking Regulations for 2019 Canadian National Exhibition - Delegated" outlines the required delegated temporary parking amendments for locations without Toronto Transit Commission Service.
The Toronto and East York Community Council recommends that: 1. City Council authorize the temporary traffic and parking regulations on streets in the vicinity of Exhibition Place that are impacted during the Canadian National Exhibition, identified in Appendix A attached to the report (June 6, 2019) from the Acting Director, Transportation Services, Toronto and East York District.
Staff recommendation as filed
The Acting Director, Traffic Management, Transportation Services, recommends that: 1. City Council authorize the temporary traffic and parking regulations on streets in the vicinity of Exhibition Place that are impacted during the Canadian National Exhibition, identified in Appendix "A" attached to the report dated June 6, 2019 from the Acting Director, Transportation Services, Toronto and East York District.
TE7.67adopted
Accessible Loading Zone - Torrens Avenue
This staff report is about a matter that Community Council has delegated authority to make a final decision, provided that it is not amended so that it varies with City Policy or by-laws. Transportation Services is requesting approval to designate an on-street accessible loading zone on Torrens Avenue. The establishment of an accessible loading zone will provide unimpeded curb side access to Toronto Transit Commission Wheel-Trans service for a local resident.
The Toronto and East York Community Council: 1. Designated an accessible loading zone to operate at all times on the south side of Torrens Avenue, between a point 75.7 metres west of Donlands Avenue and a point 12 metres further west. 2. Prohibited parking at all times on the south side of Torrens Avenue, between a point 87.7 metres west of Donlands Avenue and a point 10 metres further west.
Staff recommendation as filed
The Acting Director, Traffic Management, Transportation Services recommends that: 1. Toronto and East York Community Council designate an accessible loading zone to operate at all times on the south side of Torrens Avenue, between a point 75.7 metres west of Donlands Avenue and a point 12 metres further west. 2. Toronto and East York Community Council prohibit parking at all times on the south side of Torrens Avenue, between a point 87.7 metres west of Donlands Avenue and a point 10 metres further west.
TE7.68adopted
This staff report is about a matter that Community Council has delegated authority to make a final decision, provided that it is not amended so that it varies with City Policy or by-laws. Transportation Services is seeking authority to prohibit vehicles greater than two metres in width from travelling the public lane, first south of College Street, between Manning Avenue and Clinton Street. Prohibiting vehicles over two metres in width from travelling the subject lane will be beneficial in reducing the incidence of damage to adjacent private property.
The Toronto and East York Community Council: 1. Prohibited vehicles over two metres in width from travelling the public lane, first south of College Street, between Manning Avenue and Clinton Street.
Staff recommendation as filed
The Acting Director, Traffic Management, Transportation Services, recommends that: 1. Toronto and East York Community Council prohibit vehicles over two metres in width from travelling the public lane, first south of College Street, between Manning Avenue and Clinton Street.
TE7.69adopted
Pedestrian Bridge Over Dockside Drive Linking 125 and 155 Queens Quay East
This staff report is about a matter for which Community Council has delegated authority from City Council to make a final decision. Transportation Services has assessed a request from Menkes Waterfront Holdings Inc. to construct an overhead pedestrian bridge, to connect two office buildings being constructed at 125 and 155 Queens Quay East, which will encroach within the public right-of-way over Dockside Drive. The City is the registered owner of lands municipally known as 125 and 155 Queens Quay East (the "Lands"), and entered into a long term ground lease dated April 20, 2018 with Menkes Waterfront Holdings Inc., as nominee for and on behalf of Menkes WIP GP Inc. and Alcion (WIC) GP Inc. in their capacity as the general partner of WIC Limited Partnership, Menkes WIC GP Inc. in its capacity as general partner of WIC Limited Partnership, and Alcion (WIC) GP Inc., in its capacity as general partner of WIC Limited Partnership (collectively referred to as "Menkes"), in respect of the Lands, for a term of 102 years. Menkes is constructing two new 11 storey commercial buildings (office/retail) known as the Waterfront Innovation Centre, which will create over 400,000 square feet of premium office space along the City's waterfront. The proposed bridge is an integral component of the overall functionality of the development and will link the two buildings on the second floor. The purpose of this report is to seek Community Council authorization to enter into an encroachment agreement with the leasehold owner of the Lands to permit the construction of the pedestrian bridge over Dockside Drive.
The Toronto and East York Community Council: 1. Authorized the City to enter into an encroachment agreement (the" Agreement") with the leasehold owner of 125 and 155 Queens Quay East (collectively, the "Applicant") to permit the Applicant to construct, maintain, repair and operate a pedestrian bridge connecting 125 and 155 Queens Quay East, over Dockside Drive (the "Bridge" or "Encroachment"), substantially on the terms and conditions set out in Recommendations 1.a. to 1.bb. below, and on any other or amended terms and conditions satisfactory to the General Manager,Transportation Services and in a form satisfactory to the City Solicitor: a. the Applicant shall, at its own expense, design, construct, repair and maintain the Encroachment in a state of good repair, and to the satisfaction of the General Manager, Transportation Services, and shall assume full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Encroachment, at no expense to the City; b. the design and construction of the Bridge shall comply with the Canadian Highway Bridge Design Code (CAN/CSA) as amended, superseded or replaced from time to time; c. the Applicant shall obtain all Public Utility Coordinating Committee clearances and/or sign-offs from the public utility companies and satisfy any requirements they may have; d. the Applicant shall submit a report, stamped and signed by either the architect or professional engineer who designed the Bridge, addressing how vehicles and pedestrians will be protected from any snow and/or ice that may fall from the Bridge; e. the Applicant shall obtain approval and all necessary permits for the construction of the Bridge from Toronto Building, if required; f. prior to commencement of construction, a street work permit shall be obtained by the Applicant in accordance with Article III of Chapter 743, Streets and Sidewalks, City of Toronto Municipal Code; g. the Applicant shall submit and adhere to the accepted Traffic Management Plan, Construction Management Plan, Construction Schedule letter and Traffic Assessment Study outlining proposed Bridge installation and shall advise on the impacts within the public right of way in the area of the proposed Encroachment, which content shall be to the satisfaction of the General Manager, Transportation Services, prior to the issuance of a Construction Permit; h. the Applicant shall pay (i) an annual licence fee in the amount of $7,200.00 plus applicable HST, and (ii) any applicable real property taxes exigible. The licence fee shall increase annually by an amount equivalent to the percentage increase in the Consumer Price Index (all items - Toronto), and shall further be recalculated every ten (10) years based on the applicable fee of the City for private bridge encroachments, as prescribed under Chapter 441, Fees and Charges, Appendix C - Schedule 2, Transportation Services, of the City's Municipal Code, as amended or replaced; i. the City shall maintain the right to place or affix pipes, cables, wires, poles and other infrastructure within/to the Encroachment; j. the City shall not be responsible for repairing or replacing the Encroachment damaged as a result of clearing or removing litter, graffiti, posters, snow or ice from the City right-of-way, or as a result of street repairs or construction; k. the City shall be released from and against all actions, suits, claims or demands and from all loss, costs, damages and expenses that may result or arise from the permission granted, which release shall be in a form and content satisfactory to the City Solicitor; l. the Applicant shall indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages and expenses that may result or arise from the permission granted, any matter related to the Bridge, and any failure of the Applicant to comply with the Agreement, which indemnity shall be in a form and content satisfactory to the City Solicitor; m. the Applicant shall provide and maintain public liability and property damage insurance with an insurer satisfactory to the General Manager, Transportation Services for the lifetime of the Agreement in a form as approved by the Chief Financial Officer and Treasurer, including a cross-liability /severability of interest clause, a provision that the insurance is primary before the insurance of the City, and a 30 day prior notice of cancelation/renewal clause, and in the amount not less than $10 million or such greater amount as the Chief Financial Officer and Treasurer may require; n. the Applicant shall provide and maintain an irrevocable letter of credit, in the amount of $1,316,393.50 to be retained by the City, for the duration of construction of the pedestrian Bridge within Dockside Drive right-of-way, to secure against any damage to the City right-of-way and to guarantee that the work within the public right-of-way is completed to the City's satisfaction, including the restoration of the public right-of-way, to the satisfaction of the General Manager, Transportation Services. Prior to the release of the letter of credit the Applicant will be required to provide a construction sign-off letter stamped and signed by the structural engineering firm that designed the Bridge which states that Bridge is safe and ready to be opened to pedestrian traffic, along with two sets of as-built drawings; o. the Applicant shall provide as-built drawings within 60 days of completing the construction of the Encroachment to Survey and Mapping, Attention: Utility Mapping Supervisor, Engineering Design, 275 Merton Street, 1st Floor, Toronto, Ontario M4S1A7, as well as to Transportation Services, Right of Way Management, Construction Activities, 55 John Street, 17th Floor, Toronto, Ontario, M5V 3C6; p. the Applicant shall submit a reference plan for the Bridge which includes the area of the Bridge in m2, upon completion of the Bridge; q. the Applicant will be responsible for restoration to the road pavement, including adjacent sidewalks and boulevards, if necessary, to the satisfaction of the General Manager, Transportation Services, upon completion of the installation of the Encroachment; r. the Applicant shall not make or permit any additions or modifications to the Encroachment beyond what is permitted under the terms of the Agreement without the City 's consent, which may be unduly delayed or arbitrarily withheld; s. the term of the Agreement shall expire on the earlier of: (i) the removal or abandonment of the Bridge, (ii) the date of the demolition of either of the buildings located at 125 Queen Quay East and 155 Queens Quay East (the "Buildings"), (iii) the termination of the Applicant's ground lease; (iv) if deemed necessary for municipal purposes as determined by the General Manager, Transportation Services, acting reasonably, upon receiving not less than ninety (90) days' notice in writing by the General Manager, Transportation Services, or (v) in the event that the General Manager, Transportation Services determines there is an emergency that presents a danger to public health or safety, upon such notice as the General Manager, Transportation Services determines appropriate in the circumstances, if any; t. at the expiration or earlier termination of the Agreement, at the City's sole discretion, the City may require the Applicant to alter, demolish and/or remove the Encroachment at the Applicant's sole cost and expense, to the satisfaction of the General Manager, Transportation Services, and after the removal of the Encroachment, the Applicant shall restore the street pursuant to Article VIII of Chapter 743, Streets and Sidewalks, City of Toronto Municipal Code; u. if the City does not require the Applicant to alter, demolish and/or remove the Encroachment as set out in subsection u. above, at the expiration or earlier termination of the Agreement, the Bridge shall become the property of the City, free and clear of any and all encumbrance, and without any payment therefor to the Applicant; v. the Applicant agrees that the City shall have the right of entry on the Buildings and on the Encroachment, to acquire access to Encroachment for the purposes of inspection, repair, or removal of the Encroachment or performing any other activity permitted by the City under the Agreement, on terms acceptable to the General Manager, Transportation Services; w. the Agreement shall include rights and remedies acceptable to the General Manager, Transportation Services including the right, but not the obligation, of the City of remedy any failure of the Applicant to comply with the Agreement, and the costs incurred by the City in enforcing the Agreement shall be payable by the Applicant; x. the Applicant shall be required to adhere to applicable federal, provincial or municipal laws, by-laws, policies including the City of Toronto Municipal Code and Transportation Services' standard process for acquisition of encroachment agreements; y. the provisions of Appendix A to the report (May 30, 2019) from the Manager, Permits and Enforcement, Transportation Services shall be substantially incorporated into the Agreement to the satisfaction of the General Manager, Transportation Services; z. the Agreement to be registered on title to the Applicant's leasehold interest and other affected properties deemed necessary by the City Solicitor, at the expense of the Applicant, with appropriate title opinions provided to the satisfaction of the City Solicitor as may be required by the City Solicitor; aa. the Applicant shall pay all costs associated with preparing the Agreement and the registration of the Agreement on title; and bb. the Applicant shall accept such additional terms and conditions as the General Manager, Transportation Services or the City Solicitor may deem necessary in the interest of the City. 2. Directed the General Manager, Transportation Services to extend the Agreement to the new owner(s) and/or leasehold owner(s) of 125 and 155 Queens Quay East, in the event of an assignment of the ground lease, sale or transfer of the properties abutting or encumbered by the encroachments, as the case may be, subject to the prior approval of the General Manager, Transportation Services, and provided in all cases the transferee or assignee enters into an assumption agreement with the City to assume the obligations under the Agreement, in a form satisfactory to the City. 3. Authorized the General Manager, Transportation Services to administer and manage the Agreement including the provision of any consents, approvals, notices provided that the General Manager of Transportation Services may, at any time, refer consideration of such matters (including their content) to the Toronto and East York Community Council for its determination and direction. 4. Authorized the City Solicitor to prepare and arrange execution and registration of the Agreement as required by the report (May 30, 2019) from the Manager, Permits and Enforcement, Transportation Services.
Staff recommendation as filed
The Manager, Permits and Enforcement, Transportation Services recommends that: 1. Toronto and East York Community Council authorize the City to enter into an encroachment agreement (the" Agreement") with the leasehold owner of 125 and 155 Queens Quay East (collectively, the "Applicant") to permit the Applicant to construct, maintain, repair and operate a pedestrian bridge connecting 125 and 155 Queens Quay East, over Dockside Drive (the "Bridge" or "Encroachment"), substantially on the terms and conditions set out in Paragraphs a. through bb. below, and on any other or amended terms and conditions satisfactory to the General Manager of Transportation Services (the "GM"), and in a form satisfactory to the City Solicitor: a. the Applicant shall, at its own expense, design, construct, repair and maintain the Encroachment in a state of good repair, and to the satisfaction of the GM, and shall assume full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Encroachment, at no expense to the City; b. the design and construction of the Bridge shall comply with the Canadian Highway Bridge Design Code (CAN/CSA) as amended, superseded or replaced from time to time; c. the Applicant shall obtain all Public Utility Coordinating Committee clearances and/or sign-offs from the public utility companies and satisfy any requirements they may have; d. the Applicant shall submit a report, stamped and signed by either the architect or professional engineer who designed the Bridge, addressing how vehicles and pedestrians will be protected from any snow and/or ice that may fall from the Bridge; e. the Applicant shall obtain approval and all necessary permits for the construction of the Bridge from the Toronto Building Division, if required; f. prior to commencement of construction, a street work permit shall be obtained by the Applicant in accordance with Article III of Chapter 743, Streets and Sidewalks, City of Toronto Municipal Code; g. the Applicant shall submit and adhere to the accepted Traffic Management Plan, Construction Management Plan, Construction Schedule letter and Traffic Assessment Study outlining proposed Bridge installation and shall advise on the impacts within the public right of way in the area of the proposed Encroachment, which content shall be to the satisfaction of the GM, prior to the issuance of a Construction Permit; h. the Applicant shall pay (i) an annual licence fee in the amount of $7,200.00 plus applicable HST, and (ii) any applicable real property taxes exigible. The licence fee shall increase annually by an amount equivalent to the percentage increase in the Consumer Price Index (all items - Toronto), and shall further be recalculated every ten (10) years based on the applicable fee of the City for private bridge encroachments, as prescribed under Chapter 441, Fees and Charges, Appendix C - Schedule 2, Transportation Services, of the City's Municipal Code, as amended or replaced; i. the City shall maintain the right to place or affix pipes, cables, wires, poles and other infrastructure within/to the Encroachment; j. the City shall not be responsible for repairing or replacing the Encroachment damaged as a result of clearing or removing litter, graffiti, posters, snow or ice from the City right-of-way, or as a result of street repairs or construction; k. the City shall be released from and against all actions, suits, claims or demands and from all loss, costs, damages and expenses that may result or arise from the permission granted, which release shall be in a form and content satisfactory to the City Solicitor; l. the Applicant shall indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages and expenses that may result or arise from the permission granted, any matter related to the Bridge, and any failure of the Applicant to comply with the Agreement, which indemnity shall be in a form and content satisfactory to the City Solicitor; m. the Applicant shall provide and maintain public liability and property damage insurance with an insurer satisfactory to the GM for the lifetime of the Agreement in a form as approved by the Chief Financial Officer, including a cross-liability /severability of interest clause, a provision that the insurance is primary before the insurance of the City, and a 30 day prior notice of cancelation/renewal clause, and in the amount not less than $10 million or such greater amount as the Chief Financial Officer may require; n. the Applicant shall provide and maintain an irrevocable letter of credit, in the amount of $1,316,393.50 to be retained by the City, for the duration of construction of the pedestrian Bridge within Dockside Drive right-of-way, to secure against any damage to the City right-of-way and to guarantee that the work within the public right-of-way is completed to the City's satisfaction, including the restoration of the public right-of-way, to the satisfaction of the GM. Prior to the release of the letter of credit the Applicant will be required to provide a construction sign-off letter stamped and signed by the structural engineering firm that designed the Bridge which states that Bridge is safe and ready to be opened to pedestrian traffic, along with two sets of as-built drawings; o. the Applicant shall provide as-built drawings within 60 days of completing the construction of the Encroachment to Survey and Mapping, Attention: Utility Mapping Supervisor, Engineering Design, 275 Merton Street, 1st Floor, Toronto, Ontario M4S1A7, as well as to Transportation Services, Right of Way Management, Construction Activities, 55 John Street, 17th Floor, Toronto, Ontario, M5V 3C6; p. the Applicant shall submit a reference plan for the Bridge which includes the area of the Bridge in m2, upon completion of the Bridge; q. the Applicant will be responsible for restoration to the road pavement, including adjacent sidewalks and boulevards, if necessary, to the satisfaction of the GM, upon completion of the installation of the Encroachment; r. the Applicant shall not make or permit any additions or modifications to the Encroachment beyond what is permitted under the terms of the Agreement without the City 's consent, which may be unduly delayed or arbitrarily withheld; s. the term of the Agreement shall expire on the earlier of: (i) the removal or abandonment of the Bridge, (ii) the date of the demolition of either of the buildings located at 125 Queen Quay East and 155 Queens Quay East (the "Buildings"), (iii) the termination of the Applicant's ground lease; (iv) if deemed necessary for municipal purposes as determined by the GM, acting reasonably, upon receiving not less than ninety (90) days' notice in writing by the GM, or (v) in the event that the GM determines there is an emergency that presents a danger to public health or safety, upon such notice as the GM determinates appropriate in the circumstances, if any; t. at the expiration or earlier termination of the Agreement, at the City's sole discretion, the City may require the Applicant to alter, demolish and/or remove the Encroachment at the Applicant's sole cost and expense, to the satisfaction of the GM, and after the removal of the Encroachment, the Applicant shall restore the street pursuant to Article VIII of Chapter 743, Streets and Sidewalks, City of Toronto Municipal Code; u. if the City does not require the Applicant to alter, demolish and/or remove the Encroachment as set out in subsection u. above, at the expiration or earlier termination of the Agreement, the Bridge shall become the property of the City, free and clear of any and all encumbrance, and without any payment therefor to the Applicant; v. the Applicant agrees that the City shall have the right of entry on the Buildings and on the Encroachment, to acquire access to Encroachment for the purposes of inspection, repair, or removal of the Encroachment or performing any other activity permitted by the City under the Agreement, on terms acceptable to the GM; w. the Agreement shall include rights and remedies acceptable to the GM including the right, but not the obligation, of the City of remedy any failure of the Applicant to comply with the Agreement, and the costs incurred by the City in enforcing the Agreement shall be payable by the Applicant; x. the Applicant shall be required to adhere to applicable federal, provincial or municipal laws, by-laws, policies including the City of Toronto Municipal Code and Transportation Services' standard process for acquisition of encroachment agreements; y. the provisions of Appendix 'A' to this report shall be substantially incorporated into the Agreement to the satisfaction of the GM; z. the Agreement to be registered on title to the Applicant's leasehold interest and other affected properties deemed necessary by the City Solicitor, at the expense of the Applicant, with appropriate title opinions provided to the satisfaction of the City Solicitor as may be required by the City Solicitor; aa. the Applicant shall pay all costs associated with preparing the Agreement and the registration of the Agreement on title; and bb. the Applicant shall accept such additional terms and conditions as the GM or the City Solicitor may deem necessary in the interest of the City. 2. Toronto and East York Community Council direct the GM to extend the Agreement to the new owner(s) and/or leasehold owner(s) of 125 and 155 Queens Quay East, in the event of an assignment of the ground lease, sale or transfer of the properties abutting or encumbered by the encroachments, as the case may be, subject to the prior approval of the GM, and provided in all cases the transferee or assignee enters into an assumption agreement with the City to assume the obligations under the Agreement, in a form satisfactory to the City. 3. Toronto and East York Community Council authorize the GM to administer and manage the Agreement including the provision of any consents, approvals, notices provided that the GM may, at any time, refer consideration of such matters (including their content) to the Toronto and East York Community Council for its determination and direction. 4. Toronto and East York Community Council authorize the City Solicitor to prepare and arrange execution and registration of the Agreement as required by this report.
TE7.70adopted
Pedestrian Bridge Connecting 45 Bay Street to the Air Canada Centre - 50 Bay Street - 81 Bay Street
This staff report is about a matter which Community Council has delegated authority from City Council to make a final decision. The proposed bridge will link the property at 81 Bay Street to the Scotiabank Arena "Galleria", at 40 Bay Street. On behalf of the owners of 81 Bay Street, Khurana Associates Inc. submitted an application which proposes to construct the new pedestrian bridge. 45 Bay Street Property II Inc., 45 Bay Street Property III Inc., 141 Bay Street Property I Inc., Hines 81 Bay Street Inc. and 10103578 Canada Inc. are the owners of 81 Bay Street, and Maple Leaf Sports and Entertainment Ltd. are the owners of 40 Bay Street. The bridge will encroach over the public right of way above Bay Street. Transportation Services has reviewed the application. The Applicant and owners are required to satisfy all conditions of approval set out in the recommendations of this report and must comply with Transportation Services procedure for granting approval of bridges.
The Toronto and East York Community Council: 1. Authorized the City to enter into an encroachment agreement (the "Agreement") with the owners of 81 Bay Street permitting the pedestrian bridge (the "Encroachment") on the terms and conditions set out below, and on any other or amended terms and conditions satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor: a. the Owner shall submit a report, stamped and signed by either the architect or professional engineer who designed the Encroachment , addressing how vehicles, pedestrians and City-owned infrastructure will be protected from any snow and/or ice or other materials that may fall from the bridge; b. the Owner shall design, construct, repair and maintain the Encroachment, at its own expense to the satisfaction of the General Manager of Transportation Services and shall not make or permit any additions or modifications to the Encroachment beyond what is permitted under the terms of the Agreement without the City's consent, which may be unduly delayed or arbitrarily withheld; c. the City shall not be responsible for repairing or replacing the Encroachment damaged as a result of clearing or removing litter, graffiti, posters, snow or ice, or as a result of street repairs; d. the City shall maintain the right to place pipes, cables, wires, poles and other infrastructure through, over or under the Encroachment; e. the City shall be released from and against all actions, suits, claims or demands and from all loss, costs, damages and expenses that may result from such permission granted for the Encroachment; f. the Owner shall indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages and expenses that may result from such permission granted, any matter related to the Encroachment, and any failure of the property owner to comply with the Agreement in a form and content satisfactory to the City Solicitor; g. the Owner shall provide and maintain public liability and property damage insurance with an insurer satisfactory to the General Manager, Transportation Services for the lifetime of the Agreement in a form as approved by the Deputy City Manager and Chief Financial Officer and Treasurer, including a cross-liability /severability of interest clause, a provision that the insurance is primary before the insurance of the City, and a 30 day prior notice of cancelation/renewal clause, and in the amount not less than $10 million or such greater amount as the Deputy City Manager and Chief Financial Officer and Treasurer may require; h. the Owner shall provide and maintain an irrevocable letter of credit, in an amount satisfactory to the City to be retained by the City, for the duration of construction of the pedestrian bridge within the Queen Street West right of way, to secure against any damage to the City right of way and to guarantee that the work within the public right of way is completed to the City's satisfaction. Prior to the release of the letter of credit the property owner will be required to provide a construction sign-off letter stamped and signed by the structural engineering firm that designed the bridge which states that the bridge is safe and ready to be opened to pedestrian traffic, along with two sets of as-built drawings; i. the Owner shall pay (i) an annual licence fee in the amount of $10,900.00 plus applicable HST, and (ii) any applicable real property taxes eligible. The licence fees will be recalculated every ten (10) years, and shall increase annually by an amount equivalent to the percentage increase in the Consumer Price Index (all items - Toronto). j. the design and construction of the Encroachment shall comply with the Canadian Highway Bridge Design Code (CAN/CSA) as amended, superseded or replaced from time to time; k. the Owner shall obtain all Public Utility Coordinating Committee clearances and/or sign-offs from the public utility companies and satisfy any requirements they may have; l. the Owner shall obtain approval and all necessary permits for the construction of the Encroachment from the Toronto Building Division, if required; m. the Owner shall provide as-built drawings within 60 days of completing the construction of the Encroachment to Survey and Mapping, Attention: Utility Mapping Supervisor, Engineering Design, 275 Merton Street, 1st Floor, Toronto, Ontario M4S 1A7, as well as to Transportation Services, Right of Way Management, Construction Activities, 55 John Street, 17th Floor, Metro Hall, Toronto, Ontario M5V 3C6; n. the life of the Agreement to be limited to the removal of the Encroachment or the date of the demolition of either of the Buildings, whichever is event earlier o. the Owner shall, at its own cost, charge and expense and to the satisfaction of the General Manager, Transportation Services, alter or remove the Encroachment if deemed necessary for municipal purposes by the General Manager, Transportation Services upon receiving not less than 365 days' notice in writing by the General Manager, Transportation Services; p. prior to commencement of construction, a street work permit shall be obtained by the Owner in accordance with Article III of Chapter 743, Streets and Sidewalks, City of Toronto Municipal Code; q. the Agreement shall be registered on title to the Owner's property and other affected properties deemed necessary by the City Solicitor, at the expense of the Owner, with appropriate title opinions provided to the satisfaction of the City Solicitor as may be required by the City Solicitor; r. the Owner agrees that the pedestrian bridge shall, for the life of the Buildings, remain publicly accessible in accordance with the provisions of the Agreement; s. the Owner agrees that the City shall have the right of entry on the Buildings and on the Encroachment, to acquire access to the Encroachment for the purposes of inspection, repair, or removal of the Encroachment or performing any other activity permitted by the City under the Agreement; t. the Agreement shall include rights and remedies acceptable to the General Manager of Transportation Services including the right, but not the obligation, of the City to remedy any failure of the Owner to comply with the Agreement, and the costs incurred by the City in enforcing the Agreement shall be payable by the Owner; u. shall require the Owner to adhere to applicable federal, provincial or municipal laws, by-laws, policies including the City of Toronto Municipal Code and Transportation Services' standard process for acquisition of encroachment agreements; v. the Owner shall submit a Traffic Management Plan and Construction Schedule letter outlining proposed Bridge Installation and advising on impacts within the public right of way in the area of the proposal which content shall be to the satisfaction of the General Manager, Transportation Services prior to the issuance of a Construction Permit; and w. the Owner will be responsible for restoration to the road pavement, to the satisfaction of the General Manager, Transportation Services, if necessary, upon completion of the installation of the Encroachment. x. the Owner shall be responsible for obtaining TTC clearance for the use of loads/hoists on the roadway in order to install the bridge. This must be provided prior to the issuance of the construction permit. 2. Directed the General Manager, Transportation Services to extend the Agreement to the new owner, in the event of sale or transfer of the properties abutting or encumbered by the encroachments, subject to the prior approval of the General Manager of Transportation Services in respect of the property owner's property, and provided in all cases the transferee or assignee enters into an assumption agreement with the City to assume the obligations under the Agreement, in form satisfactory to the City. 3. Authorized the General Manager, Transportation Services to administer and manage the Agreement including the provision of any consents, approvals, notices provided that the General Manager, Transportation Services may, at any time, refer consideration of such matters (including their content) to the Toronto and East York Community Council for its determination and direction. 4. Authorized the City Solicitor to prepare and arrange execution of the Agreement as required by the report (May 30, 2019) from the Manager, Permits and Enforcement, Transportation Services.
Staff recommendation as filed
The Manager, Permits and Enforcement, Transportation Services, recommends that Toronto and East York Community Council: 1. Authorize the City to enter into an encroachment agreement (the "Agreement") with the owners of 81 Bay Street permitting the pedestrian bridge (the "Encroachment") on the terms and conditions set out below, and on any other or amended terms and conditions satisfactory to the General Manager of Transportation Services and in a form satisfactory to the City Solicitor: a. the Owner shall submit a report, stamped and signed by either the architect or professional engineer who designed the Encroachment , addressing how vehicles, pedestrians and City-owned infrastructure will be protected from any snow and/or ice or other materials that may fall from the bridge; b. the Owner shall design, construct, repair and maintain the Encroachment, at its own expense to the satisfaction of the General Manager of Transportation Services and shall not make or permit any additions or modifications to the Encroachment beyond what is permitted under the terms of the Agreement without the City's consent, which may be unduly delayed or arbitrarily withheld; c. the City shall not be responsible for repairing or replacing the Encroachment damaged as a result of clearing or removing litter, graffiti, posters, snow or ice, or as a result of street repairs; d. the City shall maintain the right to place pipes, cables, wires, poles and other infrastructure through, over or under the Encroachment; e. the City shall be released from and against all actions, suits, claims or demands and from all loss, costs, damages and expenses that may result from such permission granted for the Encroachment; f. the Owner shall indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages and expenses that may result from such permission granted, any matter related to the Encroachment, and any failure of the property owner to comply with the Agreement in a form and content satisfactory to the City Solicitor; g. the Owner shall provide and maintain public liability and property damage insurance with an insurer satisfactory to the General Manager of Transportation Services for the lifetime of the Agreement in a form as approved by the Deputy City Manager and Chief Financial Officer, including a cross-liability /severability of interest clause, a provision that the insurance is primary before the insurance of the City, and a 30 day prior notice of cancelation/renewal clause, and in the amount not less than $10 million or such greater amount as the Deputy City Manager and Chief Financial Officer may require; h. the Owner shall provide and maintain an irrevocable letter of credit, in an amount satisfactory to the City to be retained by the City, for the duration of construction of the pedestrian bridge within the Queen Street West right of way, to secure against any damage to the City right of way and to guarantee that the work within the public right of way is completed to the City's satisfaction. Prior to the release of the letter of credit the property owner will be required to provide a construction sign-off letter stamped and signed by the structural engineering firm that designed the bridge which states that the bridge is safe and ready to be opened to pedestrian traffic, along with two sets of as-built drawings; i. the Owner shall pay (i) an annual licence fee in the amount of $10,900.00 plus applicable HST, and (ii) any applicable real property taxes eligible. The licence fees will be recalculated every ten (10) years, and shall increase annually by an amount equivalent to the percentage increase in the Consumer Price Index (all items - Toronto). j. the design and construction of the Encroachment shall comply with the Canadian Highway Bridge Design Code (CAN/CSA) as amended, superseded or replaced from time to time; k. the Owner shall obtain all Public Utility Coordinating Committee clearances and/or sign-offs from the public utility companies and satisfy any requirements they may have; l. the Owner shall obtain approval and all necessary permits for the construction of the Encroachment from the Toronto Building Division, if required; m. the Owner shall provide as-built drawings within 60 days of completing the construction of the Encroachment to Survey and Mapping, Attention: Utility Mapping Supervisor, Engineering Design, 275 Merton Street, 1st Floor, Toronto, Ontario M4S 1A7, as well as to Transportation Services, Right of Way Management, Construction Activities, 55 John Street, 17th Floor, Metro Hall, Toronto, Ontario M5V 3C6; n. the life of the Agreement to be limited to the removal of the Encroachment or the date of the demolition of either of the Buildings, whichever is event earlier o. the Owner shall, at its own cost, charge and expense and to the satisfaction of the General Manager of Transportation Services, alter or remove the Encroachment if deemed necessary for municipal purposes by the General Manager of Transportation Services upon receiving not less than 365 days' notice in writing by the General Manager of Transportation Services; p. prior to commencement of construction, a street work permit shall be obtained by the Owner in accordance with Article III of Chapter 743, Streets and Sidewalks, City of Toronto Municipal Code; q. the Agreement shall be registered on title to the Owner's property and other affected properties deemed necessary by the City Solicitor, at the expense of the Owner, with appropriate title opinions provided to the satisfaction of the City Solicitor as may be required by the City Solicitor; r. the Owner agrees that the pedestrian bridge shall, for the life of the Buildings, remain publicly accessible in accordance with the provisions of the Agreement; s. the Owner agrees that the City shall have the right of entry on the Buildings and on the Encroachment, to acquire access to the Encroachment for the purposes of inspection, repair, or removal of the Encroachment or performing any other activity permitted by the City under the Agreement; t. the Agreement shall include rights and remedies acceptable to the General Manager of Transportation Services including the right, but not the obligation, of the City to remedy any failure of the Owner to comply with the Agreement, and the costs incurred by the City in enforcing the Agreement shall be payable by the Owner; u. shall require the Owner to adhere to applicable federal, provincial or municipal laws, by-laws, policies including the City of Toronto Municipal Code and Transportation Services' standard process for acquisition of encroachment agreements; v. the Owner shall submit a Traffic Management Plan and Construction Schedule letter outlining proposed Bridge Installation and advising on impacts within the public right of way in the area of the proposal which content shall be to the satisfaction of the General Manager of Transportation Services prior to the issuance of a Construction Permit; and w. the Owner will be responsible for restoration to the road pavement, to the satisfaction of the General Manager of Transportation Services, if necessary, upon completion of the installation of the Encroachment. x. the Owner shall be responsible for obtaining TTC clearance for the use of loads/hoists on the roadway in order to install the bridge. This must be provided prior to the issuance of the construction permit. 2. Direct the General Manager of Transportation Services to extend the Agreement to the new owner, in the event of sale or transfer of the properties abutting or encumbered by the encroachments, subject to the prior approval of the General Manager of Transportation Services in respect of the property owner's property, and provided in all cases the transferee or assignee enters into an assumption agreement with the City to assume the obligations under the Agreement, in form satisfactory to the City. 3. Authorize the General Manager of Transportation Services to administer and manage the Agreement including the provision of any consents, approvals, notices provided that the General Manager of Transportation Services may, at any time, refer consideration of such matters (including their content) to the Toronto and East York Community Council for its determination and direction. 4. Authorize the City Solicitor to prepare and arrange execution of the Agreement as required by this report.
TE7.71adopted
Pedestrian Bridge Over Orde Street linking 610 and 700 University Avenue
This staff report is about a matter for which Community Council has delegated authority from City Council to make a final decision. Transportation Services has assessed a request from University Health Network ("UHN") to construct an overhead pedestrian bridge connecting the Princess Margaret Cancer Centre ("PMCC" or "Princess Margaret Hospital") and the Ontario Power Generation Building (the "OPG Building") located at 610 and 700 University Avenue respectively, which will encroach within the public right-of-way over Orde Street. The proposed pedestrian bridge will link the 5th floor of PMCC to the 4th floor of the OPG Building. The purpose of this report is to seek Community Council authorization to enter into an encroachment agreement with the owner and leasehold owner of the buildings to permit construction of the pedestrian bridge over Orde Street.
The Toronto and East York Community Council: 1. Authorized the City to enter into an encroachment agreement (the "Agreement") with the owner and leasehold owner (collectively, the "Applicant") to permit the Applicant to construct, maintain, repair and operate a pedestrian bridge connecting 610 and 700 University Avenue, over Orde Street (the "Bridge" or "Encroachment"), substantially on the terms and conditions set out in Recommendations 1.a. to 1.aa. below, and on any other or amended terms and conditions satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor: a. the Applicant shall, at its own expense, design, construct, repair and maintain the Encroachment in a state of good repair, and to the satisfaction of the General Manager, Transportation Services, and shall assume full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Encroachment, at no expense to the City; b. the design and construction of the Bridge shall comply with the Canadian Highway Bridge Design Code (CAN/CSA) as amended, superseded or replaced from time to time; c. the Applicant shall obtain all Public Utility Coordinating Committee clearances and/or sign-offs from the public utility companies and satisfy any requirements they may have; d. the Applicant shall submit a report, stamped and signed by either the architect or professional engineer who designed the Bridge, addressing how vehicles and pedestrians will be protected from any snow and/or ice that may fall from the Bridge; e. the Applicant shall obtain approval and all necessary permits for the construction of the Bridge from the Toronto Building Division, if required; f. prior to commencement of construction, a street work permit shall be obtained by the Applicant in accordance with Article III of Chapter 743, Streets and Sidewalks, City of Toronto Municipal Code; g. the Applicant shall submit and adhere to the accepted Traffic Management Plan, Construction Management Plan, Construction Schedule letter and Traffic Assessment Study outlining proposed Bridge installation and shall advise on the impacts within the public right of way in the area of the proposed Encroachment, which content shall be to the satisfaction of the General Manager, Transportation Services, prior to the issuance of a Construction Permit; h. the Applicant shall pay (i) an annual licence fee in the amount of $12,600.00 plus applicable HST, and (ii) any applicable real property taxes exigible. The licence fee shall increase annually by an amount equivalent to the percentage increase in the Consumer Price Index (all items - Toronto), and shall further be recalculated every ten (10) years based on the applicable fee of the City for private bridge encroachments, as prescribed under Chapter 441, Fees and Charges, Appendix C - Schedule 2, Transportation Services, of the City's Municipal Code, as amended or replaced; i. the City shall maintain the right to place or affix pipes, cables, wires, poles and other infrastructure within/to the Encroachment; j. the City shall not be responsible for repairing or replacing the Encroachment damaged as a result of clearing or removing litter, graffiti, posters, snow or ice from the City right-of-way, or as a result of street repairs or construction; k. the City shall be released from and against all actions, suits, claims or demands and from all loss, costs, damages and expenses that may result or arise from the permission granted, which release shall be in a form and content satisfactory to the City Solicitor; l. the Applicant shall indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages and expenses that may result or arise from the permission granted, any matter related to the Bridge, and any failure of the Applicant to comply with the Agreement, which indemnity shall be in a form and content satisfactory to the City Solicitor; m. the Applicant shall provide and maintain public liability and property damage insurance with an insurer satisfactory to the General Manager, Transportation Services for the lifetime of the Agreement in a form as approved by the Chief Financial Officer and Treasurer, including a cross-liability /severability of interest clause, a provision that the insurance is primary before the insurance of the City, and a 30 day prior notice of cancelation/renewal clause, and in the amount not less than $10 million or such greater amount as the Chief Financial Officer and Treasurer may require; n. the Applicant shall provide and maintain an irrevocable letter of credit, in the amount of $8,274,826.15 to be retained by the City, for the duration of construction of the pedestrian Bridge within the Orde Street right-of-way, to secure against any damage to the City right-of-way and to guarantee that the work within the public right-of-way is completed to the City's satisfaction, including the restoration of the public right-of-way, to the satisfaction of the General Manager, Transportation Services. Prior to the release of the letter of credit the Applicant will be required to provide a construction sign-off letter stamped and signed by the structural engineering firm that designed the Bridge which states that Bridge is safe and ready to be opened to pedestrian traffic, along with two sets of as-built drawings; o. the Applicant shall provide as-built drawings within 60 days of completing the construction of the Encroachment to Survey and Mapping, Attention: Utility Mapping Supervisor, Engineering Design, 275 Merton Street, 1st Floor, Toronto, Ontario M4S1A7, as well as to Transportation Services, Right of Way Management, Construction Activities, 55 John Street, 17th Floor, Toronto, Ontario, M5V 3C6; p. the Applicant shall submit a reference plan for the Bridge which includes the area of the Bridge in m2, upon completion of the Bridge; q. the Applicant will be responsible for restoration to the road pavement, including adjacent sidewalks and boulevards, if necessary, to the satisfaction of the General Manager, Transportation Services, upon completion of the installation of the Encroachment; r. the Applicant shall not make or permit any additions or modifications to the Encroachment beyond what is permitted under the terms of the Agreement without the City 's consent, which may be unduly delayed or arbitrarily withheld; s. the term of the Agreement shall expire on the earlier of: (i) the removal or abandonment of the Bridge, (ii) the date of the demolition of either of the buildings located at 610 University Avenue and 700 University Avenue (the "Buildings"), (iii) the termination of the Applicant's lease; (iv) if deemed necessary for municipal purposes as determined by the General Manager, Transportation Services, acting reasonably, upon receiving not less than ninety (90) days' notice in writing by the General Manager, Transportation Services, or (v) in the event that the General Manager, Transportation Services determines there is an emergency that presents a danger to public health or safety, upon such notice as the General Manager, Transportation Services determinates appropriate in the circumstances, if any; t. at the expiration or earlier termination of the Agreement, at the City's sole discretion, the City shall require the Applicant to alter, demolish and/or remove the Encroachment at the Applicant's sole cost and expense, to the satisfaction of the General Manager, Transportation Services, and after the removal of the Encroachment, the Applicant shall restore the street pursuant to Article VIII of Chapter 743, Streets and Sidewalks, City of Toronto Municipal Code; u. the Applicant agrees that the City shall have the right of entry on the Buildings and on the Encroachment, to acquire access to Encroachment for the purposes of inspection, repair, or removal of the Encroachment or performing any other activity permitted by the City under the Agreement, on terms acceptable to the General Manager, Transportation Services; v. the Agreement shall include rights and remedies acceptable to the General Manager, Transportation Services including the right, but not the obligation, of the City of remedy any failure of the Applicant to comply with the Agreement, and the costs incurred by the City in enforcing the Agreement shall be payable by the Applicant; w. the Applicant shall be required to adhere to applicable federal, provincial or municipal laws, by-laws, policies including the City of Toronto Municipal Code and Transportation Services' standard process for acquisition of encroachment agreements; x. the provisions of Appendix A to this report shall be substantially incorporated into the Agreement to the satisfaction of the General Manager, Transportation Services; y. the Agreement to be registered on title to the Applicant's fee simple and leasehold interests, as the case may be, and other affected properties deemed necessary by the City Solicitor, at the expense of the Applicant, with appropriate title opinions provided to the satisfaction of the City Solicitor as may be required by the City Solicitor; z. the Applicant shall pay all costs associated with preparing the Agreement and the registration of the Agreement on title; and aa. the Applicant shall accept such additional terms and conditions as the General Manager, Transportation Services or the City Solicitor may deem necessary in the interest of the City. 2. Directed the General Manager, Transportation Services to extend the Agreement to the new owner(s) and/or leasehold owner(s) of 610 and 700 University Avenue, in the event of an assignment of the lease, sale or transfer of the properties abutting or encumbered by the encroachments, as the case may be, subject to the prior approval of the General Manager, Transportation Services, and provided in all cases the transferee or assignee enters into an assumption agreement with the City to assume the obligations under the Agreement, in a form satisfactory to the City; 3. Authorized the General Manager, Transportation Services to administer and manage the Agreement including the provision of any consents, approvals, notices provided that the General Manager, Transportation Services may, at any time, refer consideration of such matters (including their content) to the Toronto and East York Community Council for its determination and direction. 4. Authorized the City Solicitor to prepare and arrange execution and registration of the Agreement as required by the report (May 30, 2019) from the Manager, Permits and Enforcement, Transportation.
Staff recommendation as filed
The Manager, Permits and Enforcement, Transportation Services recommends that: 1. Toronto and East York Community Council authorize the City to enter into an encroachment agreement (the "Agreement") with the owner and leasehold owner (collectively, the "Applicant") to permit the Applicant to construct, maintain, repair and operate a pedestrian bridge connecting 610 and 700 University Avenue, over Orde Street (the "Bridge" or "Encroachment"), substantially on the terms and conditions set out in Paragraphs a. through aa. below, and on any other or amended terms and conditions satisfactory to the General Manager of Transportation Services and in a form satisfactory to the City Solicitor: a. the Applicant shall, at its own expense, design, construct, repair and maintain the Encroachment in a state of good repair, and to the satisfaction of the General Manager of Transportation Services, and shall assume full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Encroachment, at no expense to the City; b. the design and construction of the Bridge shall comply with the Canadian Highway Bridge Design Code (CAN/CSA) as amended, superseded or replaced from time to time; c. the Applicant shall obtain all Public Utility Coordinating Committee clearances and/or sign-offs from the public utility companies and satisfy any requirements they may have; d. the Applicant shall submit a report, stamped and signed by either the architect or professional engineer who designed the Bridge, addressing how vehicles and pedestrians will be protected from any snow and/or ice that may fall from the Bridge; e. the Applicant shall obtain approval and all necessary permits for the construction of the Bridge from the Toronto Building Division, if required; f. prior to commencement of construction, a street work permit shall be obtained by the Applicant in accordance with Article III of Chapter 743, Streets and Sidewalks, City of Toronto Municipal Code; g. the Applicant shall submit and adhere to the accepted Traffic Management Plan, Construction Management Plan, Construction Schedule letter and Traffic Assessment Study outlining proposed Bridge installation and shall advise on the impacts within the public right of way in the area of the proposed Encroachment, which content shall be to the satisfaction of the General Manager of Transportation Services, prior to the issuance of a Construction Permit; h. the Applicant shall pay (i) an annual licence fee in the amount of $12,600.00 plus applicable HST, and (ii) any applicable real property taxes exigible. The licence fee shall increase annually by an amount equivalent to the percentage increase in the Consumer Price Index (all items - Toronto), and shall further be recalculated every ten (10) years based on the applicable fee of the City for private bridge encroachments, as prescribed under Chapter 441, Fees and Charges, Appendix C - Schedule 2, Transportation Services, of the City's Municipal Code, as amended or replaced; i. the City shall maintain the right to place or affix pipes, cables, wires, poles and other infrastructure within/to the Encroachment; j. the City shall not be responsible for repairing or replacing the Encroachment damaged as a result of clearing or removing litter, graffiti, posters, snow or ice from the City right-of-way, or as a result of street repairs or construction; k. the City shall be released from and against all actions, suits, claims or demands and from all loss, costs, damages and expenses that may result or arise from the permission granted, which release shall be in a form and content satisfactory to the City Solicitor; l. the Applicant shall indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages and expenses that may result or arise from the permission granted, any matter related to the Bridge, and any failure of the Applicant to comply with the Agreement, which indemnity shall be in a form and content satisfactory to the City Solicitor; m. the Applicant shall provide and maintain public liability and property damage insurance with an insurer satisfactory to the General Manager of Transportation Services for the lifetime of the Agreement in a form as approved by the Chief Financial Officer, including a cross-liability /severability of interest clause, a provision that the insurance is primary before the insurance of the City, and a 30 day prior notice of cancelation/renewal clause, and in the amount not less than $10 million or such greater amount as the Chief Financial Officer may require; n. the Applicant shall provide and maintain an irrevocable letter of credit, in the amount of $8,274,826.15 to be retained by the City, for the duration of construction of the pedestrian Bridge within the Orde Street right-of-way, to secure against any damage to the City right-of-way and to guarantee that the work within the public right-of-way is completed to the City's satisfaction, including the restoration of the public right-of-way, to the satisfaction of the General Manager of Transportation Services. Prior to the release of the letter of credit the Applicant will be required to provide a construction sign-off letter stamped and signed by the structural engineering firm that designed the Bridge which states that Bridge is safe and ready to be opened to pedestrian traffic, along with two sets of as-built drawings; o. the Applicant shall provide as-built drawings within 60 days of completing the construction of the Encroachment to Survey and Mapping, Attention: Utility Mapping Supervisor, Engineering Design, 275 Merton Street, 1st Floor, Toronto, Ontario M4S1A7, as well as to Transportation Services, Right of Way Management, Construction Activities, 55 John Street, 17th Floor, Toronto, Ontario, M5V 3C6; p. the Applicant shall submit a reference plan for the Bridge which includes the area of the Bridge in m2, upon completion of the Bridge; q. the Applicant will be responsible for restoration to the road pavement, including adjacent sidewalks and boulevards, if necessary, to the satisfaction of the General Manager of Transportation Services, upon completion of the installation of the Encroachment; r. the Applicant shall not make or permit any additions or modifications to the Encroachment beyond what is permitted under the terms of the Agreement without the City 's consent, which may be unduly delayed or arbitrarily withheld; s. the term of the Agreement shall expire on the earlier of: (i) the removal or abandonment of the Bridge, (ii) the date of the demolition of either of the buildings located at 610 University Avenue and 700 University Avenue (the "Buildings"), (iii) the termination of the Applicant's lease; (iv) if deemed necessary for municipal purposes as determined by the General Manager of Transportation Services, acting reasonably, upon receiving not less than ninety (90) days' notice in writing by the General Manager of Transportation Services, or (v) in the event that the General Manager of Transportation Services determines there is an emergency that presents a danger to public health or safety, upon such notice as the General Manager of Transportation Services determinates appropriate in the circumstances, if any; t. at the expiration or earlier termination of the Agreement, at the City's sole discretion, the City shall require the Applicant to alter, demolish and/or remove the Encroachment at the Applicant's sole cost and expense, to the satisfaction of the General Manager of Transportation Services, and after the removal of the Encroachment, the Applicant shall restore the street pursuant to Article VIII of Chapter 743, Streets and Sidewalks, City of Toronto Municipal Code; u. the Applicant agrees that the City shall have the right of entry on the Buildings and on the Encroachment, to acquire access to Encroachment for the purposes of inspection, repair, or removal of the Encroachment or performing any other activity permitted by the City under the Agreement, on terms acceptable to the General Manager of Transportation Services; v. the Agreement shall include rights and remedies acceptable to the General Manager of Transportation Services including the right, but not the obligation, of the City of remedy any failure of the Applicant to comply with the Agreement, and the costs incurred by the City in enforcing the Agreement shall be payable by the Applicant; w. the Applicant shall be required to adhere to applicable federal, provincial or municipal laws, by-laws, policies including the City of Toronto Municipal Code and Transportation Services' standard process for acquisition of encroachment agreements; x. the provisions of Appendix 'A' to this report shall be substantially incorporated into the Agreement to the satisfaction of the General Manager of Transportation Services; y. the Agreement to be registered on title to the Applicant's fee simple and leasehold interests, as the case may be, and other affected properties deemed necessary by the City Solicitor, at the expense of the Applicant, with appropriate title opinions provided to the satisfaction of the City Solicitor as may be required by the City Solicitor; z. the Applicant shall pay all costs associated with preparing the Agreement and the registration of the Agreement on title; and aa. the Applicant shall accept such additional terms and conditions as the General Manager of Transportation Services or the City Solicitor may deem necessary in the interest of the City. 2. Toronto and East York Community Council direct the General Manager of Transportation Services to extend the Agreement to the new owner(s) and/or leasehold owner(s) of 610 and 700 University Avenue, in the event of an assignment of the lease, sale or transfer of the properties abutting or encumbered by the encroachments, as the case may be, subject to the prior approval of the General Manager of Transportation Services, and provided in all cases the transferee or assignee enters into an assumption agreement with the City to assume the obligations under the Agreement, in a form satisfactory to the City; 3. Toronto and East York Community Council authorize the General Manager of Transportation Services to administer and manage the Agreement including the provision of any consents, approvals, notices provided that the General Manager of Transportation Services may, at any time, refer consideration of such matters (including their content) to the Toronto and East York Community Council for its determination and direction. 4. Toronto and East York Community Council authorize the City Solicitor to prepare and arrange execution and registration of the Agreement as required by this report.
TE7.72adopted
Encroachment Appeal - 100 Maclean Avenue
This staff report is about a matter for which Community Council has delegated authority from City Council to make a final decision. The retaining wall does not meet the requirements of the City of Toronto Municipal Code, Chapter 743, Streets and Sidewalks, Use of, as it is not setback 0.5 meters from back of sidewalk on Avion Avenue and Maclean Avenue at 100 Maclean Avenue. Transportation services has reviewed the application to maintain the retaining wall which is set back immediately from city's sidewalk in contravention with Municipal Code of City of Toronto, Chapter 743 City Streets and Sidewalks, Use of. It has been determined that it does not negatively impact the public right of way. The owner will be given an opportunity to make a deputation before Community Council.
The Toronto East York Community Council: 1. Approved the request to permit no setback from the rear edge of the sidewalk of ornamental retaining wall at 100 Maclean Avenue subject to the following conditions: a. Indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages, and expenses that may result from such permission granted; b. Maintain the retaining wall at their own expense in good repair and a condition satisfactory to the General Manager, Transportation Services and will not make any additions or modifications to the encroachment beyond what is allowed under the terms of the Agreement. c. Accept such additional conditions as the City Solicitor or the General Manager, Transportation Services may deem necessary in the interest of the City; d. Remove the retaining wall upon receiving 90 days written notice to do so; and e. The property owner will enter into an encroachment agreement with the City of Toronto, at the applicant's expense, and assume all liability and damages related to the encroachments.
Staff recommendation as filed
Transportation Services recommends that Toronto East York Community Council: 1. Approve the request to permit no setback from the rear edge of the sidewalk of ornamental retaining wall at 100 Maclean Avenue subject to the following conditions: a. Indemnify the City from and against all actions, suits, claims or demands and from all loss, costs, damages, and expenses that may result from such permission granted; b. Maintain the retaining wall at their own expense in good repair and a condition satisfactory to the General Manager of Transportation Services and will not make any additions or modifications to the encroachment beyond what is allowed under the terms of the Agreement. c. Accept such additional conditions as the City Solicitor or the General Manager of Transportation Services may deem necessary in the interest of the City; d. Remove the retaining wall upon receiving 90 days written notice to do so; and e. The property owner will enter into an encroachment agreement with the City of Toronto, at the applicant's expense, and assume all liability and damages related to the encroachments.
TE7.73adopted
Payment-In-Lieu of Parking - 211-213 Ossington Avenue
This report seeks City Council's approval to exempt the applicant from the parking requirement specified in Section 4(4)(b), By-law 438-86 to provide six parking spaces and the parking requirement specified in Chapter 200.5.10.1.(1), By-law 569-2013 to provide four retail parking spaces. The applicant is unable to accommodate the parking on-site and has requested a Payment-In-Lieu of Parking to the City, which amounts to $10,000.00. The parking exemption is considered appropriate since the parking space shortfall will not have a significant impact on parking conditions in the area. Section 40 of the Planning Act grants City Council the authority to approve payment-in-lieu of parking. This application has been made pursuant to the City's Payment-In-Lieu of Parking Policy, adopted in July 2004. City Council approval is required as this matter has not been delegated.
The Toronto and East York Community Council recommends that: 1. City Council exempt the applicant at 211-213 Ossington Avenue from the City of Toronto Zoning By-law 569-2013 requirement of four retail parking spaces and the former City of Toronto Zoning By-law 438-86 parking requirement of six parking spaces, subject to a $10,000.00 payment-in-lieu of parking, providing the applicant signs a Payment-In-Lieu of Parking Agreement with the City, to the satisfaction of the City Solicitor.
Staff recommendation as filed
The Director, Transportation Planning and Capital Program, Transportation Services recommends that: 1. City Council exempt the applicant at 211-213 Ossington Avenue from the City of Toronto Zoning By-law 569-2013 requirement of four retail parking spaces and the former City of Toronto Zoning By-law 438-86 parking requirement of six parking spaces, subject to a $10,000.00 payment-in-lieu of parking, providing the applicant signs a Payment-In-Lieu of Parking Agreement with the City, to the satisfaction of the City Solicitor.
TE7.74adopted
Traffic and Parking Regulations - Sousa Mendes Street
This staff report is about a matter that Community Council has delegated authority to make a final decision, provided that it is not amended so that it varies with City Policy or by-laws. Transportation Services is requesting approval to implement traffic and parking regulations on Sousa Mendes Street, between Wallace Avenue and Ruskin Avenue. The introduction of traffic and parking regulations is required to facilitate the safe and efficient flow of traffic.
The Toronto and East York Community Council: 1. Rescinded the traffic regulations outlined in Appendix A attached to the report (June 3, 2019) from the Acting Director, Traffic Management, Transportation Services. 2. Enacted the traffic and parking regulations outlined in Appendix B attached to the report (June 3, 2019) from the Acting Director, Traffic Management, Transportation Services.
Staff recommendation as filed
The Acting Director, Traffic Management, Transportation Services recommends that: 1. Toronto and East York Community Council rescind the traffic regulations outlined in Appendix A attached. 2. Toronto and East York Community Council enact the traffic and parking regulations outlined in Appendix B attached.
TE7.75adopted
Traffic Amendment - Oriole Parkway at Chaplin Crescent
As the Toronto Transit Commission (TTC) operates a transit service on Oriole Parkway, City Council approval of this report is required. Transportation Services is requesting approval to exempt buses from the existing northbound right-turn only lane designation on Oriole Parkway at Chaplin Crescent. This proposed amendment will address the Toronto Transit Commission's (TTC) request to utilize the existing northbound right-turn only lane to service the proposed accessible northbound nearside bus stop on Oriole Parkway at Chaplin Crescent for the "5 Avenue Road" bus route, and then continue in this lane to merge into the adjacent traffic lane as they travel through the intersection at Chaplin Crescent.
The Toronto and East York Community Council recommends that: 1. City Council exempt buses from the easterly northbound right-turn only lane designation on Oriole Parkway, between Chaplin Crescent and a point 30.5 metres south.
Staff recommendation as filed
The Acting Director, Traffic Management, Transportation Services, recommends that: 1. City Council exempt buses from the easterly northbound right-turn only lane designation on Oriole Parkway, between Chaplin Crescent and a point 30.5 metres south.