Item - 2018.PG30.3

Tracking Status

PG30.3 - Zoning By-law Amendments to Implement Eglinton Crosstown LRT and Finch West LRT

Decision Type:
ACTION
Status:
Amended
Wards:
1 - Etobicoke North, 7 - York West, 8 - York West, 12 - York South-Weston, 15 - Eglinton-Lawrence, 16 - Eglinton-Lawrence, 17 - Davenport, 21 - St. Paul's, 22 - St. Paul's, 26 - Don Valley West, 35 - Scarborough Southwest, 37 - Scarborough Centre

City Council Decision

City Council on June 26, 27, 28 and 29, 2018, adopted the following:

 

1. City Council amend Zoning By-law 569-2013, the former City of North York By-law 7625, the former City of York By-law 1-83, the former City of Scarborough Employment Districts Zoning By-law 24982, the former City of Scarborough Ionview Community Zoning By-law 9089, the former Town of Leaside By-law 1916, and the City of Toronto By-law 438-86 substantially in accordance with the draft Zoning By-law in Attachment 1 to the supplementary report (June 25, 2018) from the Chief Planner and Executive Director, City Planning, and the draft Zoning By-law Amendments in Attachments 2 to 7 to the report (May 23, 2018) from the Chief Planner and Executive Director, City Planning, as amended by Part 2 below.

 

2.  City Council amend the draft By-law in the supplementary report (June 25, 2018) from the Chief Planner and Executive Director, City Planning to delete item 27 of the proposed amendments to Zoning By-Law 569-2013 and item 4 of the proposed amendments to former City of North York By-law 7625 as they pertain to the property at 11 Four Winds Drive, and refer matters related to this property back to staff for further discussions with Metrolinx about finding an alternative location for the planned mechanical structure.

 

3. City Council determine that no further notice is required in respect of the draft Zoning By-law Amendment in Attachment 1 to the supplementary report (June 25, 2018) from the Chief Planner and Executive Director, City Planning.

 

4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Committee)

(May 23, 2018) Report from the Chief Planner and Executive Director, City Planning on Zoning By-law Amendments to Implement Eglinton Crosstown LRT and Finch West LRT
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115651.pdf
Attachment 1: Draft Amendments to City of Toronto Zoning By-law 569-2013 - Revised
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115987.pdf
Attachment 2: Draft Amendments to former City of Toronto By-law 438-86-Revised
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115988.pdf
Attachment 3: Draft Amendments to former City of North York By-law 7625-Revised
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115989.pdf
Attachment 4: Draft Amendments to former Town of Leaside By-law 1916-Revised
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-116002.pdf
Attachment 5: Draft Amendments to former City of York By-law 1-83-Revised
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-116003.pdf
Attachment 6: Draft Amendments to former City of Scarborough Ionview Community Zoning By-law 9089-Revised
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115990.pdf
Attachment 7: Draft Amendments to former City of Scarborough Employment Districts Zoning By-law 24982-Revised
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115991.pdf
Attachment 1: Draft Amendments to City of Toronto Zoning By-law 569-2013
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115652.pdf
Attachment 2: Draft Amendments to former City of Toronto By-law 438-86
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115653.pdf
Attachment 3: Draft Amendments to former City of North York By-law 7625
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115654.pdf
Attachment 4: Draft Amendments to former Town of Leaside By-law 1916
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115655.pdf
Attachment 5: Draft Amendments to former City of York By-law 1-83
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115677.pdf
Attachment 6: Draft Amendments to former City of Scarborough Ionview Community Zoning By-law 9089
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115676.pdf
Attachment 7: Draft Amendments to former City of Scarborough Employment Districts Zoning By-law 24982
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115678.pdf
(May 15, 2018) Notice of Public Meeting to be held by the Planning and Growth Management Committee (under the Planning Act)
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115660.pdf

Background Information (City Council)

(June 25, 2018) Supplementary report from the Chief Planner and Executive Director, City Planning on Zoning By-law Amendments to Implement Eglinton Crosstown LRT and Finch West LRT (PG30.3a)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-117636.pdf
Attachment 1- Draft Amendments to City of Toronto Zoning By-law 569-2013
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-117637.pdf

Communications (Committee)

(May 16, 2018) E-mail from Eileen Denny (PG.Main.PG30.3.1)
(June 4, 2018) Letter from Letter from Councillor Anthony Perruzza, Ward 8, York West (PG.New.PG30.3.2)
https://www.toronto.ca/legdocs/mmis/2018/pg/comm/communicationfile-83397.pdf

Communications (City Council)

(June 7, 2018) E-mail from Christopher J. Tzekas, WeirFoulds LLP (CC.Main.PG30.3.3)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-84897.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Giorgio Mammoliti (Out of Order)

That:

 

1. City Council direct the City Manager to report back to the July 23, 24 and 25, 2018 City Council meeting on:

 

a. establishing an inter-divisional and agency working group to coordinate City efforts to identify local opportunities and to maximize the social and economic impact of the Finch Avenue West LRT investment;

 

b. integrating "Finch is Open for Business" messaging into City of Toronto communication channels including print publications, posters, social media and press releases;

 

c. designating Finch West Avenue as a Culture Hotspot for 2019 , 2020 or 2021;

 

d. exploring a business tax deferral program for Finch Avenue West businesses and building owners;

 

e. requesting an assessment freeze from the Municipal Property Assessment Corporation for the duration of construction on retail properties behind construction hoarding and/or within 200 metres of future Light Rail Transit stations;

 

f. installing temporary bus shelters where technically feasible, if existing bus shelters have been removed for longer than 6 months to accommodate construction;

 

g. waiving Street Event Fees for permitted Business Improvement Area/community events along the Finch  Avenue West corridor for the duration of construction;

 

h. conducting Economic Scans of Finch Avenue West Business Improvement Area areas impacted by construction, including the Emery Village Business Improvement Area; and

 

i. developing a plan for reducing litter along the Finch Avenue West corridor during construction.

 

2. City Council direct the City Manager to request Metrolinx to:

 

a. negotiate arrangements similar to easement agreements that offer financial support and/or incentives for businesses that are directly behind station construction hoarding;

 

b. establish a "business continuity fund" to be funded equally by the City of Toronto, and Metrolinx, that would allow businesses that are situated behind construction hoarding or adjacent to station construction sites and that can exhibit a loss in revenue to apply for modest financial relief through a forgivable loan(modelled on the Minneapolis/St. Paul program);

 

c. provide quarterly Community Benefits Program updates, including apprenticeship and employment metrics, to the City of Toronto Economic Development and Culture and Social Development Finance and Administration Divisions;

 

 d. provide funding for City of Toronto developed television and radio spots promoting Finch Avenue West; and

 

 e. work with local businesses and Business Improvement Area's to develop promotions and "construction hat specials" to incent those working on the Finch Avenue West LRT  to spend locally.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 1 by Councillor Mammoliti out of order as the Item pertains to Zoning By-laws to implement the Finch LRT project, not the project itself.


2 - Motion to Amend Item moved by Councillor Anthony Perruzza (Carried)

That City Council amend the Draft By-law in the supplementary report (June 25, 2018) from the Chief Planner and Executive Director, City Planning to delete item 27 of the proposed amendments to Zoning By-Law 569-2013 and item 4 of the proposed amendments to former City of North York By-law 7625 as they pertain to the property at 11 Four Winds Drive, and refer matters related to this property back to staff for further discussions with Metrolinx about finding an alternative location for the planned mechanical structure.

Vote (Amend Item) Jun-28-2018 7:14 PM

Result: Carried Majority Required - PG30.3 - Perruzza - motion 1
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, Christin Carmichael Greb, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Jim Hart, Stephen Holyday, Norman Kelly, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Miganoush Megardichian, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Giorgio Mammoliti
Total members that were Absent: 10 Members that were absent are Ana Bail„o, John Campbell, Gary Crawford, Justin J. Di Ciano, Mary Fragedakis, Mark Grimes, Michelle Holland, Jim Karygiannis, Joe Mihevc, Jonathan Tsao

3 - Motion to Amend Item moved by Councillor David Shiner (Carried)

That City Council adopt the following recommendations contained in the supplementary report (June 25, 2018) from the Chief Planner and Executive Director, City Planning [PG30.3a]:  

 

1.  City Council amend Planning and Growth Management Committee Recommendation 1 by replacing the draft zoning by-law in Attachment 1 to the report (May 23, 2018) from the Chief Planner and Executive Director, City Planning, with the draft zoning by-law in Attachment 1 to this supplementary report.

 

2.  City Council determine that no further notice is required in respect of the revised draft Zoning Bylaw Amendment.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jun-28-2018 7:16 PM

Result: Carried Majority Required - PG30.3 - Adopt the item as amended
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, Christin Carmichael Greb, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Jim Hart, Stephen Holyday, Norman Kelly, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Miganoush Megardichian, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Giorgio Mammoliti
Total members that were Absent: 10 Members that were absent are Ana Bail„o, John Campbell, Gary Crawford, Justin J. Di Ciano, Mary Fragedakis, Mark Grimes, Michelle Holland, Jim Karygiannis, Joe Mihevc, Jonathan Tsao

Motion to Waive the Rules moved by Councillor David Shiner (Carried)

That, City Council vary the proceedings to permit Members to ask questions of staff after a motion has been placed.

Vote (Waive the Rules) Jun-28-2018 7:08 PM

Result: Carried Two-Thirds Required - PG30.3 - Vary the proceedings to permit questions of staff after motions have been placed
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, Christin Carmichael Greb, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Jim Hart, Stephen Holyday, Norman Kelly, Mike Layton, Giorgio Mammoliti, Josh Matlow, Mary-Margaret McMahon, Miganoush Megardichian, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 11 Members that were absent are Ana Bail„o, John Campbell, Gary Crawford, Justin J. Di Ciano, Mary Fragedakis, Mark Grimes, Michelle Holland, Jim Karygiannis, Joe Mihevc, John Tory, Jonathan Tsao

Point of Order by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Order, stated that Councillor Perks' comments were unparliamentary.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Perks' comments were not unparliamentary.


Point of Order by Councillor Gord Perks

Councillor Perks, rising on a Point of Order, asked for clarity on what Item Councillor Perruzza's motion removes from the Planning and Growth Management Committee.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Perruzza's motion was not removing an Item from the Planning and Growth Management Committee but was amending the Committee recommendations before Council.

PG30.3 - Zoning By-law Amendments to Implement Eglinton Crosstown LRT and Finch West LRT

Decision Type:
ACTION
Status:
Adopted
Wards:
1 - Etobicoke North, 7 - York West, 8 - York West, 12 - York South-Weston, 15 - Eglinton-Lawrence, 16 - Eglinton-Lawrence, 17 - Davenport, 21 - St. Paul's, 22 - St. Paul's, 26 - Don Valley West, 35 - Scarborough Southwest, 37 - Scarborough Centre

Public Notice Given

Statutory - Planning Act, RSO 1990

Committee Recommendations

The Planning and Growth Management Committee recommends that:  

 

1. City Council amend Zoning By-law 569-2013, the former City of North York By-law 7625, the former City of York By-law 1-83, the former City of Scarborough Employment Districts Zoning By-law 24982, the former City of Scarborough Ionview Community Zoning By-law 9089, the former Town of Leaside By-law 1916, and the City of Toronto By-law 438-86 substantially in accordance with the draft Zoning By-law Amendments attached as Attachments 1-7 to the report (May 23, 2018) from the Chief Planner and Executive Director, City Planning; and

 

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendments as may be required.

Decision Advice and Other Information

The Planning and Growth Management Committee held a statutory public meeting on June 7, 2018, and notice was given in accordance with the Planning Act.
 

Origin

(May 23, 2018) Report from the Chief Planner and Executive Director, City Planning

Summary

This report proposes zoning by-law amendments to address known zoning issues related to the delivery of the Finch West Light Rail Transit (LRT) and the Eglinton Crosstown LRT projects.  The purpose of these amendments is to provide relief from the need for selective zoning by-law adjustments which are minor in nature and result in time consuming administrative delays in obtaining planning and/or building permit approvals.

 

Zoning by-law amendments were enacted by City Council in 2014 and again in 2016 to address unanticipated zoning issues arising from the Eglinton Crosstown LRT project.  The target of the amendments was very specific to that project, and the amendments did not anticipate or address other transit projects such as the Finch West LRT.  With the recent award of the Finch West LRT project, known zoning issues for that project should now be addressed. 

 

The zoning by-law amendments recommended in this report only affect the Eglinton Crosstown LRT and the Finch West LRT lines, and would ensure that the approved and funded transit projects can proceed in an efficient and cost effective manner in accordance with publicly understood zoning parameters. The amendments are consistent with the City's zoning policies, and none of the changes proposed in the by-law amendment will undermine or reduce zoning permissions on abutting lands.  Nor will the amendments impact other uses permitted on properties directly affected by the amendments. 

 

Without these amendments, the Eglinton Crosstown LRT project may experience delays in receiving Building Permits.  The Finch West LRT project may be subject to delays in project delivery and additional project costs.

Background Information

(May 23, 2018) Report from the Chief Planner and Executive Director, City Planning on Zoning By-law Amendments to Implement Eglinton Crosstown LRT and Finch West LRT
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115651.pdf
Attachment 1: Draft Amendments to City of Toronto Zoning By-law 569-2013 - Revised
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115987.pdf
Attachment 2: Draft Amendments to former City of Toronto By-law 438-86-Revised
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115988.pdf
Attachment 3: Draft Amendments to former City of North York By-law 7625-Revised
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115989.pdf
Attachment 4: Draft Amendments to former Town of Leaside By-law 1916-Revised
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-116002.pdf
Attachment 5: Draft Amendments to former City of York By-law 1-83-Revised
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-116003.pdf
Attachment 6: Draft Amendments to former City of Scarborough Ionview Community Zoning By-law 9089-Revised
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115990.pdf
Attachment 7: Draft Amendments to former City of Scarborough Employment Districts Zoning By-law 24982-Revised
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115991.pdf
Attachment 1: Draft Amendments to City of Toronto Zoning By-law 569-2013
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115652.pdf
Attachment 2: Draft Amendments to former City of Toronto By-law 438-86
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115653.pdf
Attachment 3: Draft Amendments to former City of North York By-law 7625
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115654.pdf
Attachment 4: Draft Amendments to former Town of Leaside By-law 1916
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115655.pdf
Attachment 5: Draft Amendments to former City of York By-law 1-83
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115677.pdf
Attachment 6: Draft Amendments to former City of Scarborough Ionview Community Zoning By-law 9089
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115676.pdf
Attachment 7: Draft Amendments to former City of Scarborough Employment Districts Zoning By-law 24982
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115678.pdf
(May 15, 2018) Notice of Public Meeting to be held by the Planning and Growth Management Committee (under the Planning Act)
https://www.toronto.ca/legdocs/mmis/2018/pg/bgrd/backgroundfile-115660.pdf

Communications

(May 16, 2018) E-mail from Eileen Denny (PG.Main.PG30.3.1)
(June 4, 2018) Letter from Letter from Councillor Anthony Perruzza, Ward 8, York West (PG.New.PG30.3.2)
https://www.toronto.ca/legdocs/mmis/2018/pg/comm/communicationfile-83397.pdf

Speakers

Councillor Josh Matlow

Motions

Motion to Amend Item (Additional) moved by Councillor John Filion (Lost)

That:

 

1.  City Council request the Chief Planner and Executive Director, City Planning to work with Metrolinx to:

 

a. Relocate the utility box from 11 Four Winds Drive so that it does not encumber future development so close to a subway station; and

 

b. Locate a utility box and wires either at 1725 Finch Ave. West or at 1785 Finch Avenue West so that the location of the utility box does not span over two different sites.


Motion to Adopt Item moved by Councillor David Shiner (Carried)
Source: Toronto City Clerk at www.toronto.ca/council