Agenda

This meeting of City Council will be conducted with Members participating in person and remotely and the proceedings of City Council will be conducted publicly.

Notice to people writing to Council: The City of Toronto Act, 2006, and the City of Toronto Municipal Code authorize the City of Toronto to collect any personal information in your communication or presentation to City Council or its committees. The City collects this information to enable it to make informed decisions on the relevant issue(s). If you are submitting letters, faxes, e-mails, presentations or other communications to the City, you should be aware that your name and the fact that you communicated with the City will become part of the public record and will appear on the City’s website. The City will also make your communication and any personal information in it - such as your postal address, telephone number or e-mail address - available to the public, unless you expressly request the City to remove it.

Closed Meeting Requirements: If Council wants to meet in closed session (privately), a Member of Council must place a motion to do so and give the reason why Council has to meet privately (City of Toronto Act, 2006).

February 1, 2024

toronto.ca/council

This agenda and any supplementary materials submitted to the City Clerk can be found online at www.toronto.ca/council. Visit the website for access to all agendas, reports, decisions and minutes of City Council and its committees.

- O Canada

- Moment of Silence

City Council will confirm the Minutes from the regular meeting held on December 13, 14 and 15, 2023.

Report of the Executive Committee from Meeting 11 on January 30, 2024

Submitted by Mayor Olivia Chow  

Report of the Civic Appointments Committee from Meeting 12 on January 12, 2024

Submitted by Councillor Lily Cheng, Chair 

Report of the Economic and Community Development Committee from Meeting 9 on January 11, 2024

Submitted by Councillor Alejandra Bravo, Chair

Report of the General Government Committee from Meeting 9 on January 8, 2024

Submitted by Councillor Paul Ainslie, Chair

Report of the Infrastructure and Environment Committee from Meeting 10 on January 9, 2024

Submitted by Councillor Jennifer McKelvie, Chair

Report of the Planning and Housing Committee from Meeting 9 on January 29, 2024

Submitted by Councillor Gord Perks, Chair

Report of the Etobicoke York Community Council from Meeting 10 on January 19, 2024

Submitted by Councillor Stephen Holyday, Chair

Report of the North York Community Council from Meeting 10 on January 24, 2024

Submitted by Councillor James Pasternak, Chair 

Report of the Scarborough Community Council from Meeting 10 on January 19, 2024

Submitted by Councillor Paul Ainslie, Chair 

Report of the Toronto and East York Community Council from Meeting 10 on January 24, 2024

Submitted by Councillor Chris Moise, Chair 

New Business submitted by City Officials.

Members of Council will declare interests under the Municipal Conflict of Interest Act.

Members of Council may file petitions.

Various presentations and announcements will be made at the City Council meeting.

City Council will review the Order Paper.

The Planning and Housing Committee forwards the item to City Council without recommendations.

The Planning and Housing Committee held a statutory public meeting that began on October 26, 2023 and continued on November 30, 2023, and notice was given in accordance to the Planning Act.

City Council, at its meeting on November 8 and 9, 2023, referred the draft Zoning By-law Amendments in Attachment 1 to the report (September 13, 2023) from Chief Planner and Executive Director, City Planning and the Executive Director, Transit Expansion Office, as they relate to the following properties, to the Planning and Housing Committee for further consideration at its meeting of November 30, 2023:

891, 885 and 897 Pape Avenue;

1012-1052 Pape Avenue;

240 and 242 First Avenue;

495 and 497 Pape Avenue;

716 Pape Avenue;

676-692 Danforth Avenue;

5-11 Gertrude Place;

1, 3, 5, 7, 11, and 13 Lipton Avenue;

855 Gerrard Street East;

15 and 17 Minton Place and 156 and 158 Hopedale Avenue; and

449 Carlaw Avenue.

The Toronto and East York Community Council forwards the Item to City Council without recommendations.

The Toronto and East York Community Council held a statutory public meeting on November 15, 2023 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of the Zoning By-law Amendment application to permit a 23-storey mixed-use building at 98-100 Bond Street and 54-74 Dundas Street East. The building is proposed to contain 336 dwelling units and 240 square metres of retail space fronting Dundas Street East. As part of the development proposal 4 existing rental dwelling units will be demolished.

The Toronto and East York Community Council forwards the Item to City Council without recommendations.

This report recommends that City Council refuse applications under Sections 33 and 34 of the Ontario Heritage Act to alter and demolish heritage attributes of the property at 415 Broadview Avenue.

Anchoring the northeast corner of Broadview Avenue and Simpson Avenue in the Riverdale neighbourhood and located directly across from the Don Jail, the property at 415 Broadview Avenue contains a Place of Worship completed in 1907 for the congregation of St. John's Presbyterian Church. Designed by the Glasgow School of Art-trained Scottish architect, Andrew Sharp, who built numerous early-20th century heritage churches across Toronto. The property is directly linked to the founding of the Scott Mission, which continues to provide important social outreach programs and services. Today St. John’s Presbyterian Church is valued as a local landmark. The property at 415 Broadview Avenue is designated under Part IV, Section 29 of the Ontario Heritage Act through by-law 137-2023.

Applications under Sections 33 and 34 of the Act have been submitted to alter the property and demolish heritage attributes in order to allow for the construction of a seven-storey mixed-use building with commercial units at grade and residential units above. Staff is recommending refusal of the applications as they have not demonstrated that the heritage impacts of the proposal are consistent with the heritage planning policy framework or that they would be satisfactorily mitigated.

Councillor Nick Mantas, seconded by Councillor Jennifer McKelvie, recommends that: 

1. City Council approve the reimbursement of travel expenses that were incurred by Councillor Nick Mantas and his Chief of Staff by attending the Cities Forum 2023 Conference in Torino, Italy, to be paid for from the Member’s Constituency Services and Office Budget.

As the Advocate for Technology and Innovation for the City of Toronto, I attended, with my Chief of Staff, the Cities Forum 2023 in Torino, Italy.  The conference was held in March, 2023. Additional meetings were also arranged with other Torino government officials. 

Due to unforeseen circumstances, the return flight to Toronto was missed which required the booking of an additional flight and an extra night's accommodation in Italy.  This resulted in the overall cost of the trip for both myself and my Chief of Staff to exceed $7.0 thousand.  Pursuant to the Constituency Services and Office Budget Policy, travel expenses over $7.0 thousand must be approved by City Council.  The expenses will be paid out of my Constituency Services and Office Budget. 

Councillor Chris Moise, seconded by Amber Morley, recommends that:

1. City Council direct the City Clerk to consult and survey Members of Council for their interest and requirements in receiving paper copies of legislative meeting material and report back with findings, a proposal and budget implications, as well as options for implementation as part of the 2024 Budget process.

As City Councillors, we often find ourselves overwhelmed with agenda items and supporting documents. Although the Clerk’s Meeting Portal - which is an incredible software - and devices have been provided to us, navigating the numerous documents online has been challenging and we know that a technology-only approach does not work for everyone.

Our past process of providing printed materials was understandibly discontinued, during the pandemic, however the practice continued post-pandemic without consulting members. This has resulted in decentralizing the practice and staff from the Mayor’s office as well as several Councillor’s offices have had to take hours of time to print, collate, and prepare binders for Boards, Committees, and City Council.

We need a more balanced approach that is considerate of the impacts on accessibility, vision health, and reducing screen time.

Instead of eliminating this service outright, while recognizing our commitment to environmental responsibility, we are proposing that City Council revisit the method of distributing materials for decision making bodies supported by the City Clerk’s office as optional and on a by-request basis. This would greatly support council members who prefer or need printed materials while balancing our commitment to reducing paper consumption.

The Executive Committee recommends that:

1. City Council approve the implementation of a Municipal Non-Resident Speculation Tax on foreign buyers of residential property in the City of Toronto, effective January 1, 2025, at a rate of 10 percent of the value of consideration for the purchase of property.

2. City Council approve the final tax design features for the Municipal Non-Resident Speculation Tax as set out in Attachment 2 to the report (January 16, 2024) from the Chief Financial Officer and Treasurer, and City Council amend the City of Toronto Municipal Code Chapter 760, Taxation, Municipal Land Transfer Tax, to add the Municipal Non-Resident Speculation Tax.

As part of the Updated Long-Term Financial Plan considered in September 2023, City Council directed staff to report back with an implementation plan to introduce a new land transfer tax on foreign buyers of residential property in the City. This report recommends introduction of a new Municipal Non-Resident Speculation Tax on foreign buyers of certain residential property, effective January 1, 2025.

The primarily objective of the Municipal Non-Resident Speculation Tax is to safeguard and enhance the availability of residential housing supply and to maintain a level of affordability in the residential real estate market by discouraging international buyers from purchasing property in the City of Toronto, particularly those buyers who do not intend to live in the property, or where the purchase is for purely speculative motives. Staff are recommending introduction of a 10% rate on the residential purchase price, which, when coupled with other land transfer tax related impacts, is expected to effectively deter real estate speculation.

The Province of Ontario currently levies its own Non-Resident Speculation Tax of 25% of the purchase price on the purchase or acquisition of an interest in certain residential property located anywhere in Ontario by foreign entities (individuals who are not citizens or permanent residents of Canada and foreign corporations) and taxable trustees. Originally implemented in 2017, the purpose of the provincial Non-Resident Speculation Tax was to discourage speculation and thereby 'help to address unsustainable demand' in the Greater Golden Horseshoe area.

To ensure successful implementation, it is recommended that the Municipal Non-Resident Speculation Tax mirror the current provincial Non-Resident Speculation Tax provisions, as outlined further in this report, as it pertains to applicability, rebates, refunds and exemptions. Implementation is being recommended for January 1, 2025, in recognition of a current federal Prohibition on the Purchase of Residential Property by Non-Canadians Act which temporarily bans the purchase of homes by foreign buyers from January 2023 to December 2024.

Overall, the introduction of the Municipal Non-Resident Speculation Tax is expected to have a positive impact on reducing speculation, and where speculation may persist the Municipal Non-Resident Speculation Tax will positively contribute to the City's multi-year budgeting strategy.. Preliminary estimates indicate the City may generate up to $15 million in revenue in 2025, following the lifting of the federal ban.  These estimates have been reflected in the City's enhanced multi-year budget modelling introduced as part of the 2024 budget process and are intended to offset one-time bridging actions applied to the 2024 budget.

In addition, the New Deal Agreement with the Province identified the Non-Resident Speculation Tax as a key opportunity for the City and the Province to strengthen alignment of incentives to help ensure availability of housing to residents. Staff will continue to engage in discussions with the Province to promote alignment between the Non-Resident Speculation Tax and Municipal Non-Resident Speculation Tax, among other financial-related incentives, while monitoring any potential impacts of the federal ban in order to refine estimated impacts for 2025.

The Executive Committee recommends that:

1. City Council determine that the Development Charges By-law have been properly applied to the development project located at 615 Kennedy Road.

2. City Council dismiss the complaint dated July 12, 2023, with respect to 615 Kennedy Road filed pursuant to Section 20 of the Development Charges Act, 1997.

3. City Council authorize City Staff to defend any appeal of City Council’s decision or non-decision to the Ontario Land Tribunal.

The Executive Committee held a statutory public meeting on January 30, 2024, and notice was given in accordance with the Development Charges Act.

This report responds to a complaint filed pursuant to Section 20 of the Development Charges Act, 1997, relating to a development project located at 615 Kennedy Road in Scarborough.

The development project consists of a 10-storey residential apartment building containing 215 dwelling units with two levels of underground parking. The complainant, 615 Kennedy Road Inc., objects to the amount of development charges determined in relation to permit issuance. The complainant applied for a building permit on December 21, 2021 to construct the development. A building permit for the development could not be issued as the proposed construction did not comply with all applicable law. The Building Code Act, 1992 (the “Act”) provides that a Chief Building Official must issue a building permit unless the proposed construction will contravene the Act, the building code or any other applicable law. However, the Act provides that the Chief Building Official may issue a conditional permit for any stage of construction, where the proposal complies with certain applicable laws and where it is the opinion of the Chief Building Official that an unreasonable delay in construction would occur should a conditional permit not be issued. Community Benefits Charges is applicable law for the purpose of issuance of a conditional building permit. The issuance of a conditional permit is at the sole discretion of the Chief Building Official pursuant to the Act.

The complainant requested a below grade conditional permit for the development on June 14, 2022, as the proposed construction still did not comply with all applicable law as required by the Act.   In accordance with City Council’s  conditional permit policy 2016.EX11.7, as further amended by 2023.EX1.6, the complainant entered into a Section 27 Development Charges Agreement with the City executed on April 24, 2023 (Section 27 Agreement).

The Section 27 Agreement stipulates that development charges are determined based on the “higher of” rates on the By-law in effect on the date of issuance of the first building permit or if applicable, rates frozen at site plan or rezoning application. The Section 27 Agreement only deals with the amount and timing of payment of development charges. Other applicable law requirements must be satisfied in order for a building permit to be issued. In respect of this application, the rates are determined by the By-law rates in effect on the date of first building permit issuance. In addition to development charges, the complainant was required to remit payment of a Community Benefits Charge. Pursuant to Article VI of Toronto Municipal Code Chapter 415 (Development of Land), where a Community Benefits Charges payment is required, this payment must be received prior to issuance of the first building permit.  The Development Charges By-law, requiring the payment of development charges and the Community Benefits Charge By-law, requiring the payment of Community Benefits Charges are applicable law for the issuance of a building permit, including a conditional building permit, under the Act.

While development charges were paid by the complainant, they did not submit payment of the Community Benefits Charges prior to the May 1, 2023 development charges rate increase and, consequently, the building permit was not issued prior to that date. By the time the Community Benefits Charges was paid, the amount of development charges were recalculated based on the new rates in effect at the time, and payment of the difference was requested pursuant to the Section 27 agreement executed by the owner and the City to issue the permit.  The complainant takes the position that they were not informed of the requirement to pay the Community Benefits Charges prior to the permit being issued, and since they paid development charges prior to May 1, 2023, they should not be subject to the increased rate.

According to their complaint, they relied solely on the terms of the Section 27 agreement which only speaks to the requirement to pay the development charges to issue the permit. They claim they were advised of the requirement to pay the Community Benefits Charges at the end of the business day on Friday, April 28, 2023, and there was not enough time for them to send the wire transfer before May 1st. The complainant is not taking issue with the application of the Development Charges By-law, but attempting to indirectly attack the application of applicable law in issuing a Building Permit respecting the payment of the Community Benefits Charges through a section 20 complaint. There is no error in applying the Development Charges By-law.

City staff have reviewed the complaint and are of the opinion that the Development Charges By-law was applied properly, and no error was made in determination of the applicable development charges. The complainant was aware of the requirement to pay the development charges and Community Benefits Charges in full at permit issuance prior to the May 1st increase and staff made several efforts to assist the complainant to ensure that the permit could be issued as it complied with all other applicable law.  This included expediting the appraisal of the site within two weeks to facilitate the calculation of the Community Benefits Charges which generally requires approximately six weeks to complete. Several communications were made between staff and the complainant over email and phone advising that the Community Benefits Charges payment must be made to issue the permit. Ultimately, the Community Benefits Charges payment was made on May 1st and development charges had to be recalculated due to indexing.

The Development Charges By-law provides the timing of calculation and payment of development charges to be determined by applying the rates in effect on the date that the building permit is issued. Prior to May 1st, the amount of development charges was determined to be $6,106,283.90. As the permit was not issued before May 1st due to the outstanding Community Benefits Charges payment, the development charges was recalculated and an additional $2,039,501.57 was requested by Toronto Building for permit issuance. To date, the complainant has not remitted further payment for development charges nor have they requested that the conditional permit be issued.  As such, the conditional building permit has not been issued. Since there was another rate increase on August 15, 2023, the development charge was recalculated again. Currently, the complainant would have to pay $2,548,547.92 to have the permit released. Furthermore, since a long period of time has passed and the requested permit is not an as-of-right permit, but rather, a request for a conditional building permit, the owner would have to demonstrate to the Chief Building Official that an unreasonable delay in construction still exists prior to issuing the permit.  Development charge rates are not a criteria for the consideration of issuing a conditional permit.

This report recommends that the complaint be dismissed. A decision or a non-decision of Council to dismiss the complaint may be appealed to the Ontario Land Tribunal. This report was prepared in consultation with the (Acting) Chief Building Official and Executive Director, Toronto Building and the City Solicitor.

The Executive Committee recommends that:

1. City Council authorize the General Manager, Toronto Shelter and Support Services, or their designate, to accept the donation of $92,675.88 from Private Giving Foundation for the City of Toronto.

2. City Council authorize the General Manager, Toronto Shelter and Support Services, or their designate, to negotiate and sign on behalf of the City a donor agreement with Private Giving Foundation or their designate, on terms and conditions satisfactory to the General Manager, Toronto Shelter and Support Services and in a form satisfactory to the City Solicitor.

3. City Council authorize the General Manager, Toronto Shelter and Support Services, or their designate, to allocate and disburse the donated amount to Robertson House Portfolio.

This report seeks approval from City Council to accept a donation from Private Giving Foundation in the amount of $92,675.88. The donation has been made to Toronto Shelter and Support Services’ Robertson House emergency shelter. Robertson House offers emergency shelter to women and their children experiencing homelessness.

The donation will be used as an opportunity to enhance the programming area of Robertson House. A welcoming, client-centred space for children’s programming helps to improve social, health and recreational outcomes of vulnerable families staying in the shelter program.

The value of this offer exceeds the $50,000 threshold for donation acceptance under the Donations to the City of Toronto for Community Benefits Policy. As a result, City Council approval is required to accept this donation.

The Executive Committee recommends that:

1. City Council refuse Imagination, Manufacturing, Innovation and Technology incentives for the following applications:

- 21 Don Roadway-Building 1A- CF EHL (21 Don Roadway) Holdings Inc. (Cadillac Fairview);

- 21 Don Roadway-Building 1B- CF EHL (21 Don Roadway) Holdings Inc.  (Cadillac Fairview); and

- 21 Don Roadway-Building 2A- CF EHL (21 Don Roadway) Holdings Inc. (Cadillac Fairview).

This report provides recommendations on Imagination, Manufacturing, Innovation, and Technology program applications for three proposed projects in East Harbour, an area of land on the east side of the Don River in Ward 14 (Toronto – Danforth).

The three Imagination, Manufacturing, Innovation, and Technology program applications were submitted by Cadillac Fairview on August 11, 2020, and are subject to the South of Eastern Community Improvement Plan, By-law 1324-2012, which was the bylaw in effect at the time of application.

Under this Community Improvement Plan, Imagination, Manufacturing, Innovation, and Technology applications for projects with an estimated construction value above $150 million require City Council approval. Due to the potential financial implications to the City of approving an Imagination, Manufacturing, Innovation, and Technology incentive for a project with a construction value exceeding $150 million, the City contracted with Hemson Consulting Ltd. to provide a third-party review of the subject applications.

Among other factors, staff’s assessment of the applications considers Hemson’s analysis (Attachment 2); the City’s aggregate investment in East Harbour and the surrounding area (in flood protection, transit, roads, and community infrastructure); Toronto’s fiscal position and priorities; and changes to land use planning permissions in East Harbour resulting from the issuance of Minister’s Zoning Order 329/22 (MZO).

For the reasons detailed in this report, staff recommends refusal of the three applications.

This report was prepared by the Economic Development and Culture division in consultation with City Planning, Legal Services, and Finance and Treasury Services divisions.

The Executive Committee recommends that:

1. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Economic Development and Culture and the Chief Financial Officer and Treasurer, to bring forward for City Council’s consideration, targeting the fourth quarter of 2024, a new City-wide Community Improvement Plan for a Financial Incentive Program consisting of development grants, in the form of Tax Increment Equivalent Grants for certain defined uses and Brownfield Remediation Tax Assistance, substantially addressing the policy considerations in the report (January 16, 2024) from the General Manager, Economic Development and Culture, the Interim Chief Planner and Executive Director, City Planning and the Chief Financial Officer and Treasurer, and the program parameters detailed in Attachment 1 to the report (January 16, 2024) from the General Manager, Economic Development and Culture, the Interim Chief Planner and Executive Director, City Planning and the Chief Financial Officer and Treasurer, including with respect to:

i. eligible uses – no eligibility for office space, except when linked to associated industrial buildings and except in limited circumstances within designated Employment Areas as defined in Toronto's Official Plan;

ii. basis for the provision of Tax Increment Equivalent Grants – grant acts as one of several factors contributing to investment decisions, not necessarily the primary decisive factor;

iii. quantum and term of  Tax Increment Equivalent Grants – basic grant equivalent to 60 percent of the municipal tax increment payable over a five-year period;

iv. approval and financial control requirements - all applications to be approved by City Council and considered as a group no less than once per year; provisions to ensure approved projects are built within certain timelines; expiry of the program after 10 years; inclusion of a program budget target or upset limit with flexibility to address exceptional projects or circumstances, etc.;

v. local employment plan requirements; and

vi. mechanisms to support City goals related to sustainability, job quality and access, and community wealth building.

2. Until such time as any new Community Improvement Plan By-law indicated in Recommendation 1 above is approved and in force, City Council direct the General Manager, Economic Development and Culture, the Chief Planner and Executive Director, City Planning and the Chief Financial Officer and Treasurer to bring forward, no less than annually, as a group: (i) for City Council’s information, notice of any Imagination, Manufacturing, Innovation and Technology development grants approved by the General Manager, Economic Development and Culture under their delegated authority for projects meeting all program eligibility requirements and with a construction value of less than $150,000,000; and (ii) for City Council’s approval, any complete applications for Imagination, Manufacturing, Innovation and Technology development grants for projects with a construction value greater than $150,000,000.

3. City Council request the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Economic Development and Culture, as part of the Office Space Needs Study to explore opportunities to provide financial incentives, policies and other options to support the conversion or adaptation of vacant office space into other non-residential employment uses, including the potential to utilize as a funding source for such efforts savings from lower than forecast Tax Increment Equivalent Grants payments to office developments covered by an Imagination, Manufacturing, Innovation and Technology Program Financial Incentive Agreement experiencing high vacancy rates.

The purpose of this report is to share the findings of a review of the Imagination, Manufacturing, Innovation, and Technology Financial Incentive Program and the results of a Council directed assessment of the program’s Local Employment Requirement points-based pilot.

The review of the Imagination, Manufacturing, Innovation, and Technology Financial Incentive Program considered the City’s planning and economic development priorities and financial position (including directions from the Updated Long-Term Financial Plan); assessed current and anticipated market conditions (especially with respect to office and industrial sector requirements); and includes an independent third-party evaluation of the Program’s performance, costs and benefits to date informed by consultation with stakeholders.

Drawing on the review's findings, this report recommends that Council authorize staff to develop a more targeted and far less costly employment space development incentive to replace the Imagination, Manufacturing, Innovation, and Technology Financial Incentive Program, focused on the development of commercial/industrial space rather than office space, for Council’s consideration, by the fourth quarter of 2024.

Established in 2008, the Imagination, Manufacturing, Innovation, and Technology Financial Incentive Program has been one of the City's principal measures to incent business development and support job retention and growth, complementing land use planning and property tax policies.

The Imagination, Manufacturing, Innovation, and Technology Financial Incentive Program provides incentives in the form of Tax Increment Equivalent Grants to support the new construction or major renovation of buildings in targeted employment sectors and for certain uses throughout Toronto. The Program also includes an added grant element for Brownfield Remediation Tax Assistance. The provision of development incentives through Imagination, Manufacturing, Innovation, and Technology Financial Incentive is enabled by a Community Improvement Plan by-law authorized under Section 28 of the Planning Act.

Typically, projects approved for Imagination, Manufacturing, Innovation, and Technology Financial Incentive Program receive grants over a ten-year period equivalent to 60% of the increased property taxes paid resulting from the new construction or renovation completed through the development.

Since its inception, 74 projects have been approved for Imagination, Manufacturing, Innovation, and Technology Financial Incentive Program (and/or Brownfield Remediation Tax Assistance) development incentives, with a total construction value of approximately $5.9 billion. Together, these projects are forecast to yield $1.3 billion in new incremental property taxes during the 10-year (or with Brownfield Remediation Tax Assistance up to 12 year) term of their applicable Imagination, Manufacturing, Innovation, and Technology Financial Incentive Program Financial Incentive Agreement, while receiving $729 million in grants from the City, resulting in net municipal tax revenue of $571 million. The majority (84%) of grants issued or committed to date through the Imagination, Manufacturing, Innovation, and Technology Financial Incentive Program are for office space developments.

The Executive Committee recommends that:

1. City Council authorize the Deputy City Manager, Infrastructure Services, or their designate, in consultation with the Chief Executive Officer, Toronto Transit Commission, to finalize negotiations, enter into and execute the Finch West Light Rail Transit - Train Operating and Services Agreement with Metrolinx and the Toronto Transit Commission, based on the Term Sheet set out in Attachment 1 to the report (January 16, 2024) from the Executive Director, Transit Expansion, and any such necessary ancillary or related agreements, amendments and renewals (including with any other relevant parties), all substantially in accordance with the Term Sheet and on such other terms and conditions satisfactory to the Deputy City Manager, Infrastructure Services, the Chief Financial Officer and Treasurer and any other relevant officials, and in a form satisfactory to the City Solicitor.

2. City Council forward the Item to the Toronto Transit Commission Board.

The Finch West Light Rail Transit is an 11-kilometre light rail transit line that will run along the surface of Finch Avenue West between the existing Finch West Subway Station and the new Humber College Station, with 18 stops that will link to Line 1 (Yonge-University line), Toronto Transit Commission (TTC) buses, as well as GO Transit, MiWay, Viva, and Zum transit services. The Province, through their agency Metrolinx, has ownership of the Finch West Light Rail Transit and is funding the construction and delivery of the project, as established by the 2012 Light Rail Transit Master Agreement.[1] As per the Master Agreement, the City is responsible for funding operations and day-to-day maintenance (i.e., non-lifecycle maintenance) of the Finch West Light Rail Transit and the TTC is responsible for operating the Finch West Light Rail Transit. The City will be reimbursed for annual operating funding over three years beginning in 2024 for the Finch West Light Rail Transit through the Ontario-Toronto New Deal. At this time, Metrolinx anticipates that the Finch West Light Rail Transit will achieve Substantial Completion and be ready for revenue service operation by the end of 2024.

A clear understanding and agreement between the City, TTC and Metrolinx on the operating procedures, funding obligations, approvals, dispute resolution and decision-making processes is critical to the successful implementation and operation of the Finch West Light Rail Transit. This report recommends terms negotiated by the City and TTC with Metrolinx that expand on the terms of the 2021 Revised Agreement in Principle[2]. The terms in this report outline the details that will govern the City’s funding obligations, the TTC’s operating performance and maintenance requirements, revenue and payment processes, renewal and dispute terms, and processes for resolving non-fulfillment of obligations. As such, this report seeks City Council authority for City staff to execute the Finch West Light Rail Transit Train Operating and Services Agreement with the TTC and Metrolinx, based on the key terms identified in this report and set out in Attachment 1. Should City Council approve the recommendations in this report, the Train Operating and Services Agreement is expected to be executed in the first quarter of 2024.

[1] https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-53862.pdf
[2] https://www.toronto.ca/wp-content/uploads/2021/08/9672-revised-ontario-toronto-agreement-in-principle-2021.pdf

The Executive Committee recommends that:

1. City Council endorse, in principle, the Surface Transit Network Plan as depicted in Attachment 1 to the report (January 16, 2024) from the General Manager, Transportation Services and City Council direct the General Manager, Transportation Services to use the Surface Transit Network Plan as the basis of Transportation Services’ planning and programming of surface transit priority projects.

2. City Council direct the General Manager, Transportation Services, in consultation with the Chief Planner and Executive Director, City Planning and the Chief Executive Officer, Toronto Transit Commission, to initiate three additional roadway-specific studies, public consultation, and design of the following individual roadways proposed for surface transit priority, and to bring study findings and recommendations to the appropriate Committee and City Council for approval at the appropriate time:

a. Finch Avenue East between Victoria Park Avenue and McCowan Road;

b. Dufferin Street between Wilson Station and Dufferin Gate;

c. Lawrence Avenue East between Victoria Park Avenue and Morningside Avenue; and

d. Steeles Avenue West between Pioneer Village Station and Bathurst Street.

3.  City Council request the General Manager, Transportation Services, as part of Recommendation 2.b. above, the roadway specific study for Dufferin Street between Wilson Station and Dufferin Gate, to take into account the projected level of multi-residential development intensification along Dufferin Street and consideration for additional multi-modal trips from residents; and conversely, request that all future planning processes and associated studies along this corridor take into account potential future implementation of the RapidTO: Surface Transit Network Plan along Dufferin Street.

4. City Council direct the General Manager, Transportation Services, in consultation with the Chief Planner and Executive Director, City Planning and the Chief Executive Officer, Toronto Transit Commission, to consult with the local Councillors, Duke Heights Business Improvement Area and post-secondary institutions to identify key considerations and stakeholders that will inform the roadway-specific study, public consultation, and design for Steeles Avenue West between Pioneer Village Station and Bathurst Street.

5. City Council direct the General Manager, Transportation Services to forward a copy of the report (January 16, 2024) from the General Manager, Transportation Services to the Toronto Transit Commission Board.

The General Manager, Transportation Services and the Director, Planning, Design and Management, Transportation Services gave a presentation on RapidTO: Surface Transit Network Plan.

While the majority of transit planning efforts in the City of Toronto are focused on higher-order transit initiatives, bus and streetcar routes provide transit services across most parts of the city as complements to, and extensions of, the higher-order transit network. Currently, 70 percent of all Toronto Transit Commission journeys include a surface transit trip.

Improving the reliability of bus and streetcar transit supports the City's priority of keeping Toronto moving. A reliable surface transit network is essential to enable people to move around the city and access employment, business/retail, education and recreational/cultural facilities, particularly for Neighbourhood Improvement Areas and equity-deserving communities. Improving transit services in the inner suburbs is a key recommendation of the City of Toronto’s Poverty Reduction Strategy. Supporting transit reliability is critical for meeting the City’s TransformTO Climate Action Strategy’s goal of 75 percent of trips under a 5 kilometres area walked, biked, or by transit by 2030.

The Official Plan identifies that “recognizing their importance, the network of bus and streetcar routes will be enhanced to improve service reliability and travel times by reducing interference from other road traffic through the implementation of transit priority measures, and by improving operational efficiency and rider convenience by such means as providing more frequent service.”

The Surface Transit Network Plan aims to create a comprehensive network of surface transit priority corridors along arterial roads through the use of tools such as reserved lanes, intersection and signal improvements and customer comfort improvements at transit stops to prioritize public transit in the City's road network. The Surface Transit Network Plan was referred to as the RapidTO: Surface Transit Network Plan during the consultation process.

This report seeks City Council endorsement in principle of the overall Surface Transit Network Plan, provides a status update on four projects where roadway-specific studies have been completed or initiated, seeks City Council endorsement of the initiation of three (3) additional roadway-specific studies in the near-term (2024-2025), and responds to a related request from Infrastructure and Environment Committee.

Staff from Transportation Services, City Planning and the Toronto Transit Commission worked collaboratively to develop the Surface Transit Network Plan with consideration for roadways identified in the City of Toronto Official Plan's Surface Transit Priority Network (Map 5), the Toronto Transit Commission's 5-Year Service Plan and 10-Year Outlook, as well as other bus and streetcar routes with more than 20,000 daily riders.

In developing the plan, feedback was received from over 7,100 participants over two phases of consultation with local community representatives and the public:

In Phase 1 (October to November 2021), participants were asked to rate and provide feedback on the importance of evaluation criteria in selecting bus and streetcar roadways to prioritize. There was overall support for the initial evaluation criteria presented, and a new criterion for connectivity to Major Destinations was added as a result of the consultation feedback.

In Phase 2 (March to April 2022), participants were asked to provide feedback on the list of roadways to be prioritized over the next ten years. Overall, participants expressed support for the initial twenty (20) roadways. Many survey respondents expressed support for accelerated implementation and some frustration about the need to undertake more studies for individual roadways.

Assessment of technical data and public input helped inform the identification, evaluation, and prioritization of 47 candidate roadways for surface transit improvements. As a result, twenty (20) priority roadways have been identified to be included in the Surface Transit Network Plan over the next ten years. Attachment 1 shows the location of the Surface Transit Network Plan priority roadways, along with the 27 candidates for long-term planning studies across the City of Toronto.

Corridors identified for roadway-specific studies will be subject to further feasibility analysis to determine suitable surface transit priority measures and development of design options. Public consultation for each corridor will strive to engage residents and local community groups through online and in-person consultation activities, where possible. Staff will work with Councillors' offices to identify key groups, such as residents, businesses and other community representatives, that should be included in outreach and notification efforts. The public will have an opportunity to review and provide feedback on proposed design options.

Confirmation of the preferred design will be developed with both technical

analysis and community input. The preferred option would be recommended in an

implementation report to the appropriate Committee for Council approval,

before proceeding to implementation.

As previously directed by Council, there are four (4) projects where roadway-specific studies have been completed or initiated associated with the Surface Transit Network Plan: Eglinton Avenue East, Jane Street, Steeles Avenue, and Victoria Park Avenue. This report contains updates on each of these studies.

Subject to City Council approval of the Surface Transit Network Plan, three (3) additional roadway-specific studies are proposed to be initiated in the near-term (2024-2025) to move forward on feasibility study, design, and community consultation for the following roadways:

- Finch Avenue East between Victoria Park Avenue and McCowan Road;

- Dufferin Street between Wilson Station and Dufferin Gate; and

- Lawrence Avenue East between Victoria Park Avenue and Morningside Avenue. Transit signal priority and improving accessibility at bus stops will be considered east of Morningside Avenue.

Finch Avenue East, Dufferin Street, and Lawrence Avenue East were identified as priority corridors in Toronto Transit Commission’s 5-Year Service Plan and 10-Year Outlook. Dufferin Street and Lawrence Avenue East were identified as high priority corridors under the Surface Transit Network Plan evaluation framework. The above referenced sections of these roadways are being recommended for near-term study to leverage potential opportunities for delivery as part of upcoming capital projects. Initiation of feasibility studies for the remaining segments of Finch Avenue East and Lawrence Avenue East will be considered at a future time.

Each roadway-specific study will require two to three years to undertake feasibility study, design, and community consultation prior to seeking City Council approval for implementation of the proposed changes which will include a phased approach to accelerate implementation of shorter segments of the roadway, where possible.

While the Surface Transit Network Plan looks at delivering large scale surface transit improvements on priority roadways, there are other concurrent programs that aim to implement localized transit priority measures city-wide to enhance service.  Actions include:

- Delivering up to 12 stand alone queue jump lanes in the next 5 years;

- Implementing transit signal priority to 50 locations annually; and

- Implementing targeted regulatory measures at 10 locations per year.

More information about these actions along with other transit improvements will be presented in the Toronto Transit Commission’s 5-Year Service and Customer Experience Action Plan to be submitted to the Toronto Transit Commission Board in the first quarter of 2024.

In partnership with Toronto Transit Commission and City Planning, Transportation Services will report to the appropriate Committee and City Council at key milestones as part of the implementation of the Surface Transit Network Plan.

The Executive Committee recommends that:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 16, 2024) from the Deputy City Manager, Corporate Services.

2. City Council authorize the public release of Confidential Attachment 1 to the report (January 16, 2024) from the Deputy City Manager, Corporate Services once adopted by City Council.

3. City Council authorize the public release of Confidential Attachment 2 to the report (January 16, 2024) from the Deputy City Manager, Corporate Services following the closing of any legal and financial transactions.

This report provides an update and recommendations around the next phase of procurement and construction of the George Street Revitalization project which are further described in detail in Confidential Attachment 1 and Confidential Attachment 2.

In 2013, Toronto City Council approved proceeding with the George Street Revitalization project, which would include a new facility to replace the existing Seaton House men's shelter and facilitate the co-location of a long-term care home, shelters services, affordable housing, and a community service hub. City Council also approved delivering the project through an alternative financing and procurement (public-private partnership, "P3") model with Infrastructure Ontario and Lands Corporation (known as Infrastructure Ontario, "IO") acting as procurement lead.

The George Street Revitalization project is a core project of the Downtown East Action Plan and advances several initiatives to address the barriers and needs of community members from equity-deserving groups who have a history of accessing services in Toronto's Downtown East area.

The proposed George Street Revitalization project is on George Street between Gerrard Street East to the north and Dundas Street East to the south. George Street is located in the Garden District in downtown Toronto and is also part of the Moss Park neighbourhood, one of City’s most animated, diverse and dense communities with a historic role as an inclusive place for vulnerable populations.

The Executive Committee recommends that:

1. City Council receive the Item for information.

Please find attached an extract from the Minutes of the Public meeting of the Toronto Police
Services Board held on October 19, 2023, regarding City Council Decision – MM11.37 – Keeping Toronto Safe from Hate.

The Board agreed that a copy of this Minute be forwarded to the Executive Committee for
information.

The Civic Appointments Committee recommends that:

1. City Council appoint the the following six candidates to the Toronto Preservation Board, at pleasure of Council, for a term office ending February 9, 2028, and until successors are appointed:

Koorosh Attarian

Yeo-Jin (Katerina) Bong

Geoff Kettel

Mitchell May

Julia Rady

Wendy Wong

2. City Council direct that the balance of Confidential Attachment 1 and Confidential Attachment 2 in its entirety to the report (January 3, 2024) from the City Clerk remain confidential as they relate to personal information about identifiable individuals being considered for appointment to the Toronto Preservation Board.

The Civic Appointments Committee directed the City Clerk to conduct further outreach in Scarborough and to conduct additional interviews for appointment of public members to the Toronto Preservation Board and recommend candidates at a future meeting of the Civic Appointments Committee.

Candidates' biographies:

Koorosh Attarian

Dr. Koorosh Attarian is an Associate Professor of Architecture at the Jundi Shapur University of Technology and a Postdoctoral Fellow at York University. In 2018, He became the Vice-Chancellor of the Jundi-Shapur Research Institute at the Jundi Shapur University to plan and organize strategies for research in heritage studies and new trends in documentation, conservation, and revitalization of heritage sites. He has published numerous articles in leading journals in the heritage studies and architecture field.

Yeo-Jin (Katerina) Bong

Yeo-Jin Katerina Bong works as a research fellow at the Metropolitan Museum of Art while completing her PhD at the Daniels Faculty of Architecture, Landscape and Design at University of Toronto. As an active member of the architectural community, she served as the graduate chair, Graduate Student Advisory Committee at the Society of Architectural Historians, while volunteering as the vice chair, Architectural Conservancy Ontario NextGen committee. Katerina received a Bachelor of Arts from the University of Toronto and a Masters from the University of Pennsylvania in architectural history. 

Geoff Kettel

Geoff Kettel is a community connector and advocate for “making places better”, active in land use planning, heritage preservation, active transportation, and community development.  He is Co-President of the Leaside Residents Association, Co-Chair of the Federation of North Toronto Residents‘ Associations (FoNTRA), and President of the Federation of Urban Neighbourhoods (Ontario).  He writes a monthly column on planning and heritage matters in Leaside Life magazine.

Mitchell May

Mitchell May is an Architect and Heritage Building Specialist at Giaimo Architects, in Toronto.  He works across scales, from the adaptive reuse of designated towers, to the detailed restoration of building elements. He has a broad range of experience in conservation, renewal, adaptive reuse and the integration of old and new construction. In addition to built work, Mitchell has researched, written, and presented on heritage buildings and issues.

Julia Rady

Julia Rady PhD, Canadian Association of Heritage Professionals, is a historian and cultural heritage specialist. She completed her doctoral studies at the University of Toronto and has parlayed her academic background in Canadian history to the heritage conservation field. In her work Julia has worked with public and private clients on cultural heritage evaluations, heritage impact assessments, interpretation plans, and commemoration strategies. Since 2019 Julia has served on the Toronto Preservation Board.

Wendy Wong

Dr. Wendy Siuyi Wong, a full professor at York University’s Department of Design, is dedicated to exploring the intersections of visual cultural history and ethnic identities. As a resident of Toronto, she brings academic expertise and a strong social and cultural commitment to the board. Dr. Wong champions the voices of various ethnicities within the city and seeks to preserve and celebrate the rich tapestry of heritage and identity that defines the city.

This report recommends the appointment of seven public members to the Toronto Preservation Board for a four-year term of office.

The Civic Appointments Committee recommends that:  

1. City Council appoint Connie Tang to the Toronto and Region Conservation Authority, at pleasure of Council, for a term of office ending on December 15, 2027, and until a successor is appointed.

2. City Council direct that Confidential Attachment 1 to the report (December 27, 2023) from the City Clerk remain confidential in its entirety as it relates to personal matters about identifiable individuals being considered for appointment to the Toronto and Region Conservation Authority.

Candidate's biography:

Connie Tang

Connie Tang is the Director of Strategy and Business Development at York University, working in research communications, connecting with policymakers and the media, and delivering training and workshops to faculty, staff, researchers, and graduate students across over 20 universities in Canada. She has also worked in skills development, supporting youth and newcomers to Canada and helping women to learn new skills and transition to new careers. She also volunteers as a Career Mentor with the Toronto Region Immigrant Employment Council.

The Civic Appointments Committee will recommend one candidate to City Council for appointment to fill a vacancy on the Toronto and Region Conservation Authority from the list of candidates interviewed at the December 4, 2023 meeting.

The Civic Appointments Committee recommends that:

1. City Council appoint the following candidates to the Toronto Parking Authority Board, at pleasure of Council, for a term of office ending February 7, 2028, and until successors are appointed:

Hartley Lefton

Ruth Uy

Namby Vithiananthan

2. City Council appoint Hartley Lefton as Chair of the Toronto Parking Authority Board, at pleasure of Council, for a term of office ending February 7, 2028, and until a successor is appointed.

3. City Council direct that Confidential Attachments 1 to 4 to the report (December 19, 2023) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Toronto Parking Authority Board.

Candidates' biographies:

Hartley Lefton

Hartley Lefton is a business lawyer and partner at McCarthy Tetrault LLP. A graduate of Queen's University (B.Sc. and B.A. Hons.) and the University of Toronto (JD and MBA), Hartley is passionate about making Toronto a more livable city. Hartley is a past winner (2018) of the Lexpert Rising Star Award, recognizing Canada's leading lawyers under age 40, and is an active volunteer and board member of AboutFace Craniofacial Family Society, a national inclusion-based organization.

Ruth Uy

Ruth Uy has over 25 years of experience in finance and energy sector with 12 years of board experience. An advocate in the community and long-standing board member in areas of social justice and disaster relief, Ruth specializes in goal-centered innovation and inclusion engagement. Born and raised in Toronto, she wishes to impart joy to new and old patrons with the authentic community experience. Ruth earned an undergrad at Waterloo Engineering, MASc from University of British Columbia, and Master at Kellogg School - Northwestern University.

Namby Vithiananthan

Namby Vithiananthan is a Professional Accountant and is the Chief Financial Officer of the Con-Elco Group of companies. He is the past President and Labour Committee Chair of the Utility Contractors Association of Ontario and the Director of the Council of Ontario Construction Associations. He has a keen interest in community activities and social service. He is currently serving as President of the Henry Farm Community Interest Association and is the past President of the North York Fairview Lions Club.

The Civic Appointments Committee will conduct interviews and recommend three candidates, including the Chair, to City Council for appointment to the Toronto Parking Authority Board.

The Civic Appointments Committee recommends that:

1. City Council appoint the following candidates to the Yonge-Dundas Square Board, at pleasure of Council, for a term of office ending February 7, 2028, and until successors are appointed:

Gideon Arthurs

Emily Schimp

Samantha Summer

Simon Wong

2. City Council appoint Gideon Arthurs as Chair of the Yonge-Dundas Square Board, at pleasure of Council, for a term of office ending February 7, 2028, and until a successor is appointed.

3. City Council appoint Kim McDonald as the member nominated by the Metropolitan Toronto University, and Sheila Jennings as the member nominated by the Downtown Yonge Business Improvement Area, for a term of office ending February 7, 2028, and until successors are appointed.

4. City Council direct that Confidential Attachments 1 to 4 to the report (December 18, 2023) from the City Clerk remain confidential in their entirety as they relate to personal matters about identifiable individuals being considered for appointment to the Yonge-Dundas Square Board.

Candidates' biographies:

Gideon Arthurs

Gideon Arthurs is the Executive Director of Soulpepper Theatre Company and the Young Centre for the Performing Arts. From 2014-2022, he was the Chief Executive Officer of the National Theatre School of Canada, and has worked his whole life in creating public spaces to support engaged communities. He serves on several boards and works tirelessly in service of creating stronger, healthier and safer communities.

Sheila Jennings

Sheila Jennings joined Cadillac Fairview in 2005 and has worked as the General Manager at four of its shopping centres, including Shops at Don Mills – the first urban outdoor shopping village – and, most recently, at its flagship property – the Toronto Eaton Centre. She has interacted with various groups throughout her career, including office and retail clients, developers, and homeowners. Sheila is one of the Downtown Yonge Business Improvement Area's nominees on the Yonge-Dundas Square Board.

Kim McDonald

Kim McDonald is the Director of University Events and Strategic Initiatives at Toronto Metropolitan University. She is the Toronto Metropolitan University’s nominee on the Yonge-Dundas Square Board.

Emily Schimp

Emily Schimp (she/her) is an arts manager with a passion for program development, cultural event production, and community engagement in the arts. Emily is currently the Director of Operations and Communications at New Music Concerts. She holds a Bachelor of Fine Arts from OCAD University and a Post-Graduate Diploma in Arts Administration and Culture Management from Humber College, with honours. Previous work experience includes the Toronto Biennial of Art, Humber College, ArtsPond and more.

Samantha Summers

Samantha Summers (she/her) is the Manager of Donor Circles for Royal Ontario Museum. Prior to this she worked in fundraising and communications for a variety of Toronto cultural organizations, including Toronto International Film Festival. She currently serves on the Boards of Breakthroughs Film Festival and the Future of Film Showcase. Samantha is passionate about the power of art and culture to inspire meaningful change in the world and believes community spaces have an important role to play in that mission.

Simon Wong

Simon Wong is a marketing strategist who has been building brands for the past 10+ years. With previously held positions at Loblaw Companies Limited, Samsung, Nestle and Kraft Heinz his professional experience ranges across various disciplines from brand to event management. He has partnered with the Downtown Yonge Business Improvement Area to bring many events to Yonge Dundas Square, including Illumnite, National Hockey League Face-Off, Toronto International Film Festival and Pride and constructed one of Canada’s largest digital outdoor LED boards.

The Civic Appointments Committee will conduct interviews and recommend three candidates, including the Chair, to City Council for appointment to the Yonge-Dundas Square Board.

This is a supplementary report to provide the Civic Appointments Committee with the names of the candidates nominated for appointment to the Yonge-Dundas Square Board by the Metropolitan Toronto University and the Downtown Yonge Business Improvement Area. One other member by a local resident's association is expected to be nominated for appointment at a future date. This supplementary report is also to inform the Civic Appointments Committee of an additional vacancy on the Yonge-Dundas Square Board due to a recent resignation.

The Economic and Community Development Committee recommends that:

1. City Council adopt and certify the 2024 recommended Operating Budgets and Levy requirements of the following Business Improvement Areas:

2. City Council elect to have the subclasses for the commercial and industrial property classes apply for 2024, and to apply the respective Business Improvement Area special levy rate reductions to the subclasses, all as set out in Appendix C to the report (December 21, 2023) from the Chief Financial Officer and Treasurer.

This report brings forward Business Improvement Area annual Operating Budget for approval by City Council as required by the City of Toronto Act, 2006. City Council approval is required to permit the City to collect funds through a special levy on the rateable commercial and industrial properties within the respective Business Improvement Area boundaries. Special levy rate reductions for the subclasses have been set out in Appendix C, for properties in the subclasses of the commercial and industrial property classes.

The Business Improvement Area is an association, independently managed from the City and operated by local businesses and property owners, joining together to organize, finance, and deliver capital streetscape improvements, and to promote economic development in a district with its own governance structure as set out in Chapter 19 of the Toronto Municipal Code and the City of Toronto Act, 2006.

There are currently 84 established Business Improvement Areas in the City of Toronto, of which 60 BIAs 2024 Operating Budgets are submitted for City Council approval through this report. No City funding is required since the financing of individual Business Improvement Area Operating Budgets is raised by a special levy on the rateable commercial and industrial properties within the respective Business Improvement Area boundaries.

Under current Chapter 19 of the Toronto Municipal Code, the Business Improvement Areas By-law does not have specific provision requiring a BIA maintain a certain amount in their accumulated surplus. Should a Business Improvement Area find itself in a deficit, be dissolved or becomes inactive, City Council has the authority to collect funds required and liabilities including interests, through the Business Improvement Area levy as stipulated under the By-law. If a board is dissolved and the liabilities exceed the assets assumed by the City, Council shall recover the difference. As directed by City Council at its meeting on July 19, 2022, the General Manager, Economic Development and Culture will conduct additional review and consultation on other issues impacting Business Improvement Areas. To ensure prudent stewardship of public resources and further strengthen financial management and oversight, the issue of maintaining a minimum balance requirement in the Business Improvement Area accumulated surplus reserves will be part of the By-law review. Based on the outcome of the review, City staff will present recommendations including the potential for amendment to the current Chapter 19 of the Toronto Municipal Code, and report back to Council by the second quarter of 2024.

The recommendation in this report reflects the board-adopted 2024 Operating Budgets by the respective Business Improvement Areas’ Boards of Management and General Membership. Complete budgets and supporting documentation have been reviewed by City staff to ensure that the 2024 Operating Budgets for Business Improvement Areas reflect Council’s approved policies and practices.

The Economic and Community Development Committee recommends that:

1.  City Council remove the following directors from the Business Improvement Area Boards of Management set out below:

          The Eglinton Way

          Izeti, Kozeta

          Upper Village:

          Aboudi, Yacov (Jacob)

The purpose of this report is to make changes to The Eglinton Way and Upper Village Business Improvement Area Boards of Management, in accordance with the requirements of the City of Toronto Municipal Code Chapter 19, Business Improvement Areas. The Eglinton Way and Upper Village Business Improvement Areas fall within two Community Council boundaries.

The Economic and Community Development Committee recommend that:

1. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Toronto Shelter and Support Services, to negotiate and approve leases, licences and extension agreements  in relation to the existing properties identified in Table 1 in Confidential Attachment 1, with the length of the term and the total compensation not exceeding that identified in Table 1 of Confidential Attachment 1 to the report (December 21, 2023) from the Executive Director, Corporate Real Estate Management, the General Manager, Toronto Shelter and Support Services, and the Chief Procurement Officer, and on such other terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management and in consultation with the General Manager, Toronto Shelter and Support Services, and in a form satisfactory to the City Solicitor, subject to all related expenditures are funded in Toronto Shelter and Support Services' Approved Operating Budget.

2. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Toronto Shelter and Support Services, to negotiate and approve the acquisition of real estate interests for the Homelessness Services Capital Infrastructure Strategy that meet the criteria identified in Attachment 1 to the report (December 21, 2023) from the Executive Director, Corporate Real Estate Management, the General Manager, Toronto Shelter and Support Services, and the Chief Procurement Officer, and on terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management and in consultation with the General Manager, Toronto Shelter and Support Services, and in a form satisfactory to the City Solicitor, subject to all related expenditures being funded within the approved 10-Year Capital Plan for Toronto Shelter and Support Services.

3. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Toronto Shelter and Support Services, to approve pre-development and pre-construction costs for renovation/conversion/construction of properties into shelter related facilities suitable for the Homelessness Services Capital Infrastructure Strategy, including environmental site assessments, building condition assessments, designated substance surveys, feasibility studies, zoning reviews, site surveys,  cost estimates and cost consultant reports, permits, architectural or engineering reports, select demolition for testing purposes, access agreements, or expropriation reports, appraisals, legal/closing costs related to acquisition of land and buildings, subject to all related expenditures being funded within the approved 10-Year Capital Plan for Toronto Shelter and Support Services.

4. City Council authorize the Deputy City Manager, Corporate Services and/or Executive Director, Corporate Real Estate Management to execute the agreements relating to the agreements referenced in Recommendation 1 and 2 above, and any ancillary agreements and documents on behalf of the City of Toronto.

5. City Council authorize the public release of Confidential Attachment 1 to the report (December 21, 2023) from the Executive Director, Corporate Real Estate Management, the General Manager, Toronto Shelter and Support Services, and the Chief Procurement Officer, upon the expiration of the last agreement of the leased and/or licensed premises, as Confidential Attachment 1 contains instructions to be applied to negotiations carried on or to be carried on by or on behalf of the City of Toronto.

6. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Toronto Shelter and Support Services and Chief Procurement Officer, to approve the development of pre-qualified lists of fast tracked project design and delivery suppliers, such as design builders, design consultants, engineering consultants, costs consultants, general contractors, and construction managers, to be assigned rotationally or through a second stage process and exceeds the roster work assignment limit of $250,000 per work assignment and enter into an agreement(s) with a value exceeding $500,000 for which Bid Award Panel, Committee or City Council approval would normally be required under the City of Toronto Municipal Code Chapter 195, to provide project management, pre-design, design, pre-development, pre-construction, construction, and post construction services for the renovation/conversion/construction of properties into shelter related facilities, suitable for the Homelessness Services Capital Infrastructure Strategy, provided that;

a. the procurement processes are completed in accordance with the City of Toronto Municipal Code Chapter 195, Purchasing, and associated policies and procedures;

b. the procurement is necessary to meet the timelines of the Homelessness Services Capital Infrastructure Strategy;

c. the costs are eligible for, and will be funded through, the Homelessness Services Capital Infrastructure Strategy, subject to being approved within the 10-Year Capital Pan for Toronto Shelter and Support Services; and

d. the terms and conditions of any such agreements are acceptable to the Executive Director, Corporate Real Estate Management and in a form satisfactory to the City Solicitor.

7. City Council in accordance with Section 71-11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-law) grant authority to the General Manager, Toronto Shelter and Support Services, in consultation with Purchasing and Materials Management, to enter into the necessary amending agreements on terms and conditions satisfactory to the General Manager, Toronto Shelter and Support Services, and in a form satisfactory to the City Solicitor to increase the value and extend the term of ten (10) non-competitive blanket contracts and two (2) competitive blanket contracts outlined in Tables 1 and 2 of Attachment 2 to the report (December 21, 2023) from the Executive Director, Corporate Real Estate Management, the General Manager, Toronto Shelter and Support Services, and the Chief Procurement Officer and contingent on funding in Toronto Shelter and Support Services' 2024 and 2025 Operating Budget.

8.  City Council direct the General Manager, Toronto Shelter and Support Services and the Executive Director, Corporate Real Estate Management, to report back annually through the Shelter Infrastructure Plan on the exercise of the authorities related to the acquisitions referenced in Recommendation 2 above.

9. City Council direct the Executive Director, Corporate Real Estate Management and the General Manager, Toronto Shelter and Support Services to implement plans and report back to the Economic and Community Development Committee in the third quarter of 2024 with the outline for de-commissioning temporary shelter hotel locations with the largest (more than 200) single adult and chronically homeless populations, out of the 17 total hotels with lease extensions.

10. City Council direct the General Manager, Toronto Shelter and Support Services in consultation with local Toronto Police Services Divisions, to review community safety efforts and opportunities for improvement, and to implement measures for the duration of the required lease extension, subject to available resources.

This report presents the real estate strategy and recommendations to implement the new Homelessness Services Capital Infrastructure Strategy. The Homelessness Services Capital Infrastructure Strategy was approved by City Council in November 2023 and recommended a long-term, proactive approach for Toronto Shelter and Support Services to improve the stability and recovery of the shelter system and address the unprecedented demand for shelter beds. The Homelessness Services Capital Infrastructure Strategy focuses on developing purpose-built shelters, and a gradual transition out of COVID-19 shelter hotels. This real estate strategy was developed in collaboration with Corporate Real Estate Management, and is a companion report to the Homelessness Services Capital Infrastructure Strategy that seeks authorities from City Council required for the real estate and construction activities to implement the Homelessness Services Capital Infrastructure Strategy. The report also reports back on City Council direction to assess opportunities for property acquisition of currently leased sites, including motels that form part of the family and refugee shelter program, and to leverage sites for the dual purpose of shelter and transitional or permanent housing.

The real estate strategy focuses on three streams. The first is to obtain City Council authority to expedite the redevelopment of existing City-owned sites or acquiring new sites for permanent, purpose-built shelters with the goal of securing at least five (5) new shelter opportunities in 2024.  The new permanent shelters will focus on addressing specific groups including youth, families, and Indigenous populations with program models tailored to help clients meet their goals and create capacity to transition out of temporary sites. The second stream is the carefully managed transition plan for the COVID-19 shelter sites, with a focus on renewing existing leases and contracts to ensure stability until the new permanent shelter sites are operational. The extension of leases and contracts will focus on providing multi-year stability to shelter capacity, and to realize cost savings or cost avoidance. The third stream is the continued coordination with the Housing Secretariat on the HousingTO 2020-2030 Action Plan as a mechanism to manage the demand for shelter by providing affordable and supportive housing outcomes to transition people out of the shelter system, or to avoid entry into homelessness all together.

This report also requests authority to amend ten (10) non-competitive blanket contracts and two (2) competitive blanket contracts, established to support temporary shelter operations in hotels. This includes contracts for Infection Prevention and Control, custodial, and catering services.

The Economic and Community Development Committee recommends that:

1. City Council amend Toronto Municipal Code Chapter 591, Noise as follows:

Definitions

1. Add a definition of “Exemption Permit Screening Criteria” to mean “Criteria developed by the Executive Director in accordance with 591-3.2J and published by the Municipal Licensing and Standards Division.”

2. Add a definition of “Instrument Sound” to mean “Sound made by any musical instrument, including the unamplified playing of percussion instruments.”

3. Amend the definition of “Large Crane Work” to mean “The erection and dismantling of a crane or any other crane work that requires a road closure for the work.”

4. Amend the definition of “Leq” to mean “The continuous sound level which, for a specified time period, produces the same total sound energy as would the actual time-varying sound level. Also referred to as the energy equivalent sound level.”

5. Amend the definition of “Motor Vehicle” to mean “The same meaning as in section 1(1) of the Highway Traffic Act, 1990. This meaning is noted as follows, for reference purposes only: ‘Includes an automobile, a motorcycle, a motor assisted bicycle and any other vehicle propelled or driven otherwise than by muscular power but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a roadbuilding machine.’”

6. Amend the definition of “Persistent Noise” to mean “Any noise or sound-induced vibration that is continuously heard or felt for a period of ten minutes or more or heard or felt intermittently for a time totaling ten minutes over a period of one hour.”

7. Amend the definition of “Point of Reception” to mean “Any location on the premises of a person where sound originating from other than those premises is received. The following list provides examples of points of reception, and is not exhaustive:

(1) An outdoor area that is:

(a) near the façade of a building, at a height of 1.5 metres above ground, typically in backyards, front yards, terraces or patios; or

(b) on a balcony or elevated terrace (for example, a rooftop) provided it is not enclosed; or

(2) An indoor area that is inside a building.”

8. Amend the definition of “Power Device” to mean “Any equipment driven otherwise than by muscular power used in the servicing, maintenance or repair of property or lawns, including chainsaws, lawn mowers, leaf blowers, grass trimmers, power or pressure washers, or any other similar equipment. A power device does not include construction equipment as defined in this chapter or equipment used to remove snow or ice.”

9. Add a definition of “Sound-Induced Vibration” to mean “The oscillatory motion generated by sound waves that can be felt physically and which may be transmitted through solid structures, liquids, surfaces, or the ground.”

10. Amend the definition of “Stationary Source” to mean “A source of sound which does not normally move from place to place, including the premises of a person as one stationary source, unless the dominant source of sound on those premises is construction or a conveyance. A stationary source does not include a residential air conditioner or similar residential device.”

11. Amend the definition of “Unreasonable Noise” to mean “Any noise or sound-induced vibration that would disturb the peace, rest, enjoyment, comfort, or convenience of a reasonable person in the circumstances. Unreasonable noise does not include commonplace household or workplace sounds such as sound from furniture being moved, children playing or people engaging in conversation.”

12. Add a definition of “Waste Collection” to mean “The collection, transportation or removal of waste, including equipment being used to load, unload and transport containers for handling waste, but does not include the processing or disposal of waste.”

Amplified Sound

13. Remove the word “continuous” and change “amplified sound” to “amplified sound or instrument sound” in 591-2.1A and 2.1B.

14. Amend 591-2.1A and 2.1B to change “a point of reception in an outdoor living area” to “an outdoor point of reception in a living area” and “a point of reception in an indoor living area” to “an indoor point of reception in a living area”.

15. Amend 591-2.1.A(2) and B(2) to identify that the ambient sound level is “expressed in terms of Leq for a ten-minute period”.

16. Amend the quantitative limits for amplified sound in 591-2.1.B(1) such that it reads as follows “(1) That has a sound level (expressed in terms of Leq for a ten-minute period), exceeding 42 dB(A) or 57 dB(C) from 11 p.m. to 7 a.m. or 50 dB(A) or 65 dB(C) from 7 a.m. to 11 p.m.”

Construction Noise

17. Amend the prohibition on construction noise, while maintaining current time prohibitions in 591-2.3, as follows “No person shall emit or cause or permit the emission of sound resulting from construction or any operation of construction equipment that is clearly audible:

 (1) from 7 p.m. to 7 a.m. the next day, except until 9 a.m. on Saturdays; and/or

 (2) all day on Sundays and statutory holidays.”

Motor Vehicle Noise

18. Amend the unnecessary motor vehicle noise prohibition so 591-2.5A reads as follows “No person shall emit or cause or permit the emission of sound resulting from unnecessary noise from a stationary motor vehicle that is persistent noise, such as the sounding of a horn, revving of an engine, or any like sound that is clearly audible at a point of reception.”

Stationary Sources and Residential Air Conditioners

19. Replace 591-2.8 so that it reads as follows:

“A. No person shall cause or permit the emission of sound from a stationary source that, when measured with a sound level meter at a point of reception in an outdoor living area, has a sound level (expressed in terms of Leq for a one-hour period) exceeding (1) 45 dB(A) from 11 p.m. to 7.a.m. or 50 dB(A) from 7 a.m. to 11 p.m.; or (2) the sound level limit prescribed in provincial noise pollution control guidelines, if applicable.

B. If, during the course of an investigation related to Subsection A, a By-law Enforcement Officer determines it is not reasonable to measure from an outdoor point of reception in a living area, then no person shall emit or cause or permit the emission of sound from a stationary source, measured with a sound level meter at an indoor point of reception in a living area that has a sound level (expressed in terms of Leq for a one-hour period) exceeding (1) 40 dB(A) from 11 p.m. to 7.a.m or 45 dB(A) from 7 a.m. to 11 p.m.; or (2) the sound level limit prescribed in provincial noise pollution control guidelines, if applicable.

C. Subsections A and B do not apply to the emission of sound from a stationary source that is in compliance with a provincial Environmental Compliance Approval (ECA) or is an activity registered on the Environmental Activity and Sector Registry (EASR).

D. No person shall cause or permit the emission of sound from a residential air conditioner or similar residential device, measured with a sound level meter at an outdoor point of reception in a living area:

(1) That has a sound level (expressed in terms of Leq for a one-hour period) exceeding 45dB(A) from 11 p.m. to 7 a.m. or 50 dB(A) from 7 a.m. to 11 p.m.

(2) Where the ambient sound level (expressed in terms of Leq for a one hour period) exceeds the maximum sound level permitted under Subsection D(1), that has a sound level (expressed in terms of Leq for a one-hour period) exceeding the ambient sound level.

E. If, during the course of an investigation related to Subsection D, a By-law Enforcement Officer determines it is not reasonable to measure from an outdoor point of reception in a living area, then no person shall emit or cause or permit the emission of sound from a residential air conditioner or similar residential device, measured with a sound level meter at an indoor point of reception in a living area that has a sound level (expressed in terms of Leq for a one-hour period) exceeding 40 dB(A) from 11 p.m. to 7.a.m or 45 dB(A) from 7 a.m. to 11 p.m.”

Unreasonable and Persistent Noise

20. Amend 591-2.9C so that it reads as follows “C. Where a type of noise or sound is permitted in § 591-2.1 through § 591-2.8 but the noise or sound is also unreasonable and persistent noise, the Executive Director may, despite anything to the contrary in this chapter, require the person causing or permitting the noise or sound to obtain an exemption permit under § 591-3.2, and such person shall obtain and comply with the exemption permit.”

Noise Exemption Permits

21. Amend the title of 591-3.1 such that it reads as follows: “Public safety, government work, and waste collection”.

22. Amend the first paragraph of subsection 591-3.2A such that it reads as follows “A. Any person may apply for an exemption permit from a noise prohibition or noise limitation provision in this chapter, in connection with one or more events or activities, by filing the following with the Executive Director at least 28 calendar days prior to the start of the event or activity”.

23. Remove 591-3.2A(2) “The non-refundable application fee set out in Chapter 441, Fees and Charges”.

24. Amend subsection 591-3.2A(3) such that it reads as follows: “(3) Any information relevant to the application as requested by and to the satisfaction of the Executive Director including but not limited to: (a) Reasons supporting an exemption permit; (b) A noise mitigation plan;(c) a statement certified by a professional engineer or acoustical consultant for any sounds that are not technically or operationally feasible to control.”

25. Add subsection 591-3.2.A.1 as follows: “A.1. If an applicant wishes to apply for an exemption permit less than 28 calendar days prior to the proposed event or activity, the applicant must pay a late application fee in addition to the application fee set out in Chapter 441, Fees and Charges, as part of their application. The late fee requirement shall not apply to a person applying for a permit under 591-2.9C.

26. Add a new subsection to 591-3.2 as follows: “B. Upon receipt of an application under subsection A, the Executive Director shall assess the application in accordance with the Exemption Permit Screening Criteria in order to determine which level the application falls under for the purpose of determining applicable additional conditions under subsection F.1 and applicable fees”.

27. Amend subsection 591-3.2B to be “B.1” and amend the provision so that it reads as follows: “B.1. After assessment of an application under Subsection B, the Executive Director shall give written notice to the Councillor of any ward where each event or activity is to be held and, where each event or activity is to be held on a boundary street between wards, to the Councillors of the adjoining wards.”

28. Amend subsection 591-3.2C(1) so that it reads as follows “(1) All of the Councillors notified under Subsection B.1 have:

(a) within 14 calendar days of the notice where the application is categorized as Level 1 or 2, either not responded or responded indicating that they have no objection to the application being approved; or 

(b) where the application is categorized as Level 3, responded indicating that they have no objection to the application being approved.” 

29. Add a provision to 591-3.2C(3) as follows: “(g) Any other information or documents that may be required by the Executive Director related to the exemption permit application.”

30. Amend subsection 591-3.2C(4) such that it reads as follows: “The applicant has paid all required fees, including the non-refundable application fee set out in Chapter 441, Fees and Charges.”

31. Add a provision to 591-3.2C: “(5) The applicant does not have any outstanding fines or fees with respect to this chapter”.

32. Amend subsection 591-3.2D(1) such that it reads as follows: “(1) A notice of the exemption permit shall be posted in a visible location determined by the Executive Director where each event or activity will occur 7 days prior to the start of the event or activity. This condition may be altered or waived by the Executive Director and if the applicant is unable to post a notice of the exemption permit at the physical location of the event or activity, the Executive Director may permit the permit holder to post it online in a conspicuous manner”.

33. Remove 591-3.2D(4) and replace it with updated decibel limits as follows: “(4) The sound emitted from any equipment shall not exceed a sound level (expressed in terms of Leq for a ten-minute period):

(a) For amplified sound, of 85 dB(A) or 105 dB(C) when measured from the lot line of the property where the event or activity is occurring; or

(b) For any other event or activity 85 dB(A) or 105 dB(C), when measured 20 metres from the source.”

34. Amend 591-3.2D(5) as follows: “Where the sound level exceeds the limits specified in Subsection D(4), the applicant shall comply with any request made by a police officer or a Bylaw Enforcement Officer with respect to the volume of sound.”

35. Amend 591-3.2D(6) by removing “sound equipment or construction.”

36. Amend 591-3.2D(8) as follows: “(8) The permission granted shall be for the date and times for each event or activity as set out by the Executive Director in the exemption permit.”

37. Add a provision to subsection 591-3.2D as follows: “(9) If required by the Executive Director, a copy of the exemption permit shall be posted in a visible location determined by the Executive Director for the duration of the event or activity. This condition may be altered or waived by the Executive Director and if the permit holder is unable to post a copy of the exemption permit at the physical location of the event or activity, the Executive Director may permit the permit holder to post it online in a conspicuous manner”.

38. Amend 591-3.2F to remove Subsection B as a requirement for an exemption permit for continuous concrete pouring or large crane work and replace 591-3.2F(b) so that it reads as follows “Notice for continuous concrete pouring and large crane work shall be distributed by the permit holder to those within a 120 metre radius of the activity at least 7 days prior to the start of such activity.”

39. Add the following provision to 591-3.2F as follows: “(c) The Executive Director shall provide a final copy of any exemption permit issued under this Subsection to the Councillor of any ward where such activity is to be conducted and, where the activity is to being conducted on a boundary street between wards, to the Councillors of the adjoining wards”.

40. Add Subsections F.1 and F.2 to 591-3.2 enabling activity-based exemption permits as follows:

“F.1 In addition to those conditions set out in Subsection D, where the noise described in an exemption permit application is categorized as ‘Level 2’ or
‘Level 3’ under the Exemption Permit Screening Criteria, the Executive Director may impose the following conditions on the exemption permit:

(1) The permit holder must distribute a notice of the exemption permit, in a form and manner satisfactory to the Executive Director, to those within a 120-metre radius of the activity at least 7 days prior to the start of the event or activity;

(2) The permit holder must adhere to specific orientation of equipment for the duration of the event or activity, as determined by the Executive Director;

(3) The permit holder must install sound dampeners or deadeners, or any other noise protection equipment determined by the Executive Director for the duration of the event or activity.

F.2. In determining which additional conditions under Subsection F.1 are appropriate, the Executive Director will consider criteria, including but not limited to:

(1) The duration of the event or activity and the hours the event or activity will be occurring;

(2) The total number of participants or attendees at an event or activity with amplified sound or the type of construction development;

(3) The proximity of the noise to a residential area and the likelihood that the noise for which an exemption is requested may negatively affect persons in that residential area; and

(4) The applicant’s compliance with this chapter, including any previous exemption permits, if any, issued to them.”

41. Add a section to 591-3.2 as follows: “I. Despite anything contained in § 591-3.2., where an application for an exemption permit is made by a not-for-profit organization, the not-for-profit organization will not be required to pay the exemption permit application fee in Chapter 441, Fees and Charges.”

Transition

42. Add subsection to 591-4.5 as follows: “C. All prosecutions and other enforcement processes commenced under this chapter between October 1, 2019, and May 31, 2024, which have not been completed on June 1, 2024, shall be completed as if the chapter had not been amended on that date.”

43. Add subsection to 591-4.5 as follows: “D. The provisions of this chapter do not apply to exemption permits granted between October 1, 2019, and August 31, 2024, provided that the holder of such permits continues to comply with the conditions of their original permits and that such permits are not revoked, terminated, and do not expire.

2. City Council delegate authority to the Executive Director, Municipal Licensing and Standards to establish exemption permit screening criteria in Toronto Municipal Code Chapter 591, Noise, in order to determine which level the exemption permit application falls under, for the purpose of determining applicable additional conditions and fees and amend Toronto Municipal Code Chapter 591, Noise by adding a section to 591-3.2 as follows:

“J. The Executive Director will develop Exemption Permit Screening Criteria for the purposes of categorizing types of events or activities contained in an exemption permit application and use the Exemption Permit Screening Criteria in the assessment of exemption applications, including determining the applicable conditions and applicable fees. The Exemption Permit Screening Criteria will categorize types of events or activities into levels depending on their impact, considering factors including the duration of the event or activity, the total number of participants expected (if applicable), the hours of the event or activity, the location of the event or activity in relation to a residential zone, the applicant’s historical level of compliance with Chapter 591, and any other criteria determined by the Executive Director, and such Exemption Permit Screening Criteria may be amended by the Executive Director from time to time.”

3. City Council amend Chapter 441, Fees and Charges, Appendix C – Schedule 12, Municipal Licensing and Standards by amending the following fees in the table below:

4. City Council amend Chapter 441, Fees and Charges, Appendix C – Schedule 12, Municipal Licensing and Standards by adding the associated fees in the table below:

5. City Council amend Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C – Schedule 12, Municipal Licensing and Standards to delete the noise permit application fee (Ref. No. 58).

6. City Council direct that the amendments above come into force on the following dates:

a. The amendments described in the following items take effect June 1, 2024:

        i. In Recommendation 1: Definitions (2 through 12); Amplified Sound (13-16); Construction               Noise (17); Motor Vehicle Noise (18-19); Stationary Sources and Residential Air Conditioners            (20); Unreasonable and Persistent Noise (21); Transition (43);

                ii. Recommendation 3; and

                iii. In Recommendation 4: Fee amounts for Monitoring by City staff.

b. The remaining amendments in Recommendations 1 and 4 and amendments in Recommendations 2 and 5, take effect September 1, 2024.

7. City Council authorize the City Solicitor to introduce the necessary bills to give effect to City Council's decision and authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor, and the Executive Director, Municipal Licensing and Standards.

8. City Council authorize the Executive Director, Municipal Licensing and Standards, to fund, using updated fee revenues recommended as part of this report, 1 permanent full-time Coordinator position to lead the administration of noise exemption permits within the Dedicated Noise Team, By-law Enforcement, Municipal Licensing and Standards Division.

9. City Council reiterate to the Government of Ontario its previous requests that the province:

a. Increase fines for violations of modified exhaust and excessive vehicle noise under the Highway Traffic Act, and that a violation results in demerit points; and;

b. Make necessary regulatory changes to enable the City of Toronto to initiate a noise activated camera/mobile automated noise enforcement pilot project.

10. City Council request the Government of Ontario:

a. Consider incorporating decibel limits for motor vehicles into the Highway Traffic Act or its regulations to ensure comprehensive and consistent enforcement of vehicle noise; and

b. Update provincial environmental noise guidelines, including but not limited to NPC-216 and NPC-300, and provide clear communications to the public and industry regarding the province’s role and authority related to noise from stationary sources; and

c. Express support for the Ontario Provincial Police to conduct enforcement of motor vehicle noise on the Gardiner Expressway and Don Valley Parkway, once responsibility for these roadways is transferred to the province.

11. City Council direct the Executive Director, Municipal Licensing and Standards to develop a process to monitor noise issues from waste collection operations and report back as necessary if issues need to be addressed.

12. City Council direct the Executive Director, Municipal Licensing and Standards to initiate public education efforts, as part of implementation of all approved amendments to Chapter 591, Noise, and to include:

a. The provisions of the Chapter, best practices for compliance, and steps taken by Municipal Licensing and Standards when a noise complaint is issued;

b. Thresholds for when noise monitoring may be required for events or activities requesting a noise exemption permit; and

c. Construction-related concerns and the types of construction projects that are exempt from the By-law.

13. City Council authorize the City Solicitor, in consultation with Municipal Licensing and Standards, to amend or increase current set fines related to the recommendations in this report and express its support for higher set fine penalties for offences with a particular emphasis on offences related to construction noise and non-compliance with a noise exemption permit.

14. City Council direct the Executive Director, Municipal Licensing and Standards to:

a. Provide residents’ associations, Business Improvement Areas (BIAs), relevant stakeholder groups, public consultation participants, and relevant industry workers with information on the public education efforts;
b. Consider opportunities to leverage other city programs and divisions, including RentSafeTO and the Night Economy Review, to inform public education initiatives and disseminate information on the By-law; 

c. Work with Councillor’s offices to consider developing ward-specific procedures for processing and setting conditions for noise exemption permits (such as noise monitoring and providing notice of the permit to surrounding community); and 

d. Work with Councillor’s offices on opportunities to engage with constituents on noise issues most relevant to their community.
 

15. City Council direct the Executive Director, Municipal Licensing and Standards to consider hosting:

a. A public session during implementation of this report, and upon the launch of public education efforts, to provide information on the status of implementation and ongoing opportunities to provide feedback; and 

b. A public session in the first half of 2025 to provide information on implementation of the by-law amendments, including updated data and data trends. 

16. City Council request the General Manager, Transportation Services to report to the Infrastructure and Environment Committee as part of a forthcoming congestion management update with updates and/or recommendations on how construction hubs can play a role in proactively managing construction-related noise.

17. City Council request the Chief Planner and Executive Director, City Planning in consultation with the Executive Director, Municipal Licensing and Standards and Chief Building Official and Executive Director, Toronto Building, to report to the Planning and Housing Committee in the first quarter of 2025 with updates and/or recommendations on considering noise mitigation solutions as part of the application review process. 

18. City Council request the Medical Officer of Health to review the Noise Action Plan and report back to the Board of Health in the first quarter of 2025 on any updates to the existing recommendations necessary to address population-level health concerns raised by residents in consultations on the Noise By-Law Review.

The Economic and Community Development Committee:

1. Requested the Executive Director, Municipal Licensing and Standards to forward a briefing note to the Budget Committee during the 2024 budget process on increasing noise by-law enforcement capacity, including the number of by-law enforcement officers, to improve response times as outlined in the Customer Service Standards for noise by-law compliance and enforcement.

2.  Referred Part 19 of Recommendation 1, as follows:

"Motor Vehicle Noise

19. Replace 591-2.5C with the following “No person shall emit or cause or permit the emission of sound from a stationary motor vehicle exceeding the following when measured at least 50 cm from the exhaust outlet using a sound level meter:

(a) 92 dB(A) at idle; or

(b) 96 dB(A) at any engine speed greater than idle.”"

to the Executive Director, Municipal Licensing and Standards with the request to report to the Economic and Community Development Committee on February 20, 2024 on options for reduced decibel levels for motorcycles and cars. 

The Executive Director, Municipal Licensing and Standards gave a presentation on the Implementation Review of the Noise By-law.

In a city as large and vibrant as Toronto, certain levels of noise are reasonable and reflect life in a densely populated city. Toronto Municipal Code, Chapter 591, Noise (“Noise By-law”) balances the city’s vibrancy with the needs of residents and visitors and provides time restrictions and sound level limits for various types of noise. The By-law works to set out clear and enforceable noise rules across the City, while providing flexibility to meet local needs.

As directed by City Council, the purpose of this report is to review the successes and challenges of the implementation of the comprehensive changes to the Noise By-law that were made in 2019, and to recommend refinements to the By-law. The amendments made in 2019 resulted in notable changes such as the introduction of sound level limits for amplified sound and motorcycles, enhancements to the noise exemption permit process, and the introduction of a dedicated noise enforcement team with late night coverage.

After a thorough review of the current Noise By-law in 2023, including extensive research scans, stakeholder engagement and technical advice from an acoustical engineering firm, staff recommend several refinements to the By-law, including:

• Modernizing the exemption permit process, such as introducing activity-based permits that differentiate higher and lower impact activities.
• For the amplified sound section, lowering nighttime indoor limits by 3 decibels and incorporating instrument sound into the section, with an associated definition.
• Implementing Council direction to add a motor vehicle noise decibel limit (in addition to limits currently in place for motorcycles), to be enforced alongside the Toronto Police Service (TPS).
• Introducing a pathway for residents to submit complaints on waste collection noise and for City staff to communicate with industry on persistent noise issues.
• Making technical amendments to definitions, such as clarifying the language of “point of reception” in the By-law to accommodate measurements from the property line of a point of reception as needed.
• Incorporating sound-induced vibration into the prohibition on “unreasonable and persistent” noise to enable a more sufficient response to public concerns about the health impacts of prolonged exposure to sound-induced vibration.

This report also includes several additional actions, including updating the 311 service requests (complaints) process, conducting a City-wide public education campaign, requesting the provincial government change legislation to allow for the City’s use of automated noise radar when the technology is ready, updating fees for noise exemption permits and noise monitoring along with an associated resource request to support upgrades to the noise exemption permit process, and operationalizing adjustments for sound level measurements, such as a penalty for tonal elements such as a hiss, hum, or buzz.

According to public opinion research conducted on behalf of the City in 2023, 51 percent of residents believe that noise levels in Toronto are reasonable and reflect life in a big city, while 49 percent believe that more needs to be done to restrict noise levels because of potential negative health consequences and impacts to quality of life and well-being. Managing and regulating noise is a complex undertaking and proposed changes attempt to maintain the balance of multiple competing interests of people living, working, and visiting the city.

This report was prepared in consultation with Legal Services, Technology Services, Toronto Public Health, and Solid Waste Management Services.

The General Government Committee recommends that:

1. City Council authorize the General Manager, Transportation Services to negotiate and execute a non-competitive agreement from the date of award to July 31, 2025, with Tacel Ltd in the amount of $4,172,841 net of Harmonized Sales Tax ($4,246,283 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the General Manager, Transportation Services, in a form satisfactory to the City Solicitor.

The purpose of this report is to request City Council authority to enter into a non-competitive contract with Tacel Ltd. for the supply and delivery of the Polara Accessible Pedestrian Signals System Components and Central Control Units.  The contract initial period will commence from the date of award to July 31, 2025, with three (3) additional option year renewals, in the total amount of $4,172,841 net of Harmonized Sales Tax ($4,246,283 net of Harmonized Sales Tax recoveries).

A contract was originally awarded to Tacel Ltd. in 2013 resulting from competitive call Request for Quotation number 1205-13-0133 which had only one submission. The sole bidder, Tacel Ltd., was awarded the contract. A new Request for Quotation number 1205-17-0320 was issued on September 11, 2017 and was subsequently canceled because it was determined that Tacel Ltd. is the exclusive distributor. A letter from the manufacturer confirms the exclusive distributorship of Tacel Ltd. for Polara products.      

The new Contract is requested to continue procurement of Accessible Pedestrian Signals and Central Control Units, formerly known as Audible Pedestrian Signals, which advise pedestrians who are blind, visually impaired or deaf-blind when they have the right-of-way to cross at a signalized intersection and in which direction they may cross the intersection. Tacel Ltd. is the exclusive distributor of the Polara Accessible Pedestrian Signals and Central Control Units.

City Council approval is required in accordance with Municipal Code Chapter 195- Purchasing, where the current request exceeds the Chief Procurement Officer's authority of the cumulative five year commitment for each supplier, under Article 7, Section 195-7.3 (D) of the Purchasing By-Law or exceeds the threshold of $500,000 net of HST allowed under staff authority as per the Toronto Municipal Code, Chapter 71- Financial Control, Section 71-11A.

The General Government Committee recommends that:  

1. City Council, as approving authority under the Expropriations Act, consider the report of the Ontario Land Tribunal attached as Appendix A to the report (December 20, 2023) from the Executive Director, Corporate Real Estate Management.

2. City Council authorize and direct the City to pay $200 in costs arising from the hearing to the expropriated owner, 6524443 Canada Inc. (the "Owner"), in accordance with the Expropriations Act.

3. City Council, as approving authority under the Expropriations Act, approve the expropriation for the full, and the partial fee simple taking and temporary easements from the freehold and leasehold property located at 2 Bloor Street East and 90 Bloor Street East, as set out in Appendix B and shown in Appendix C (the "Property Requirements") to the report (December 20, 2023) from the Executive Director, Corporate Real Estate Management, for the purposes of expanding the Bloor Yonge interchange station as part of the Toronto Transit Commission Bloor Yonge Capacity Improvement Project.

4. City Council authorize the City, as expropriating authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to the preparation and registration of an Expropriation Plan, and the execution and service of Notices of Expropriation, Notices of Election and Notices of Possession, as may be required.

5. City Council authorize the Director, Transaction Services, Corporate Real Estate Management, or their designate, to execute the Notices of Expropriation and Notices of Possession, obtain an appraisal report to value the Property Requirements, and to prepare, execute, serve and pay out Offers of Compensation on all registered owners of 2 Bloor Street East and 90 Bloor Street East, at the appraised value, all in accordance with the requirements of the Expropriations Act.

6. City Council authorize the public release of Confidential Attachment 1 to the report (December 20, 2023) from the Executive Director, Corporate Real Estate Management once there has been a final determination of the compensation payable to the Owners by arbitration, appeal or settlement to the satisfaction of the City Solicitor. 

On May 11, 2022, City Council authorized the initiation of expropriation proceedings for the partial fee simple taking and temporary easements from the freehold and leasehold property located at 2 Bloor Street East and 90 Bloor Street East, and on July 19, 2022, City Council further authorized the initiation of expropriation proceedings for the full fee simple taking of the freehold property located at 2 Bloor Street East, for the purposes of expanding the Bloor Yonge interchange station as part of the Toronto Transit Commission Bloor Yonge Capacity Improvement Project (the "Project").

This report relates to the second stage of the expropriation process for both expropriations. During the first stage and in accordance with the Expropriations Act (the "Act"), Notices of Application for Approval to Expropriate were served on all applicable "registered owners", who had 30 days to request an inquiry into whether the proposed taking is fair, sound, and reasonably necessary.

On July 6 and 7, 2023, a hearing was held by the Ontario Land Tribunal with respect to the proposed full fee simple taking, and the partial fee simple and temporary easement takings of 2 Bloor Street East. The City subsequently received a report from the Ontario Land Tribunal on December 4, 2023, concluding that the proposed takings of 2 Bloor Street East is for a critical and necessary public purpose with a critical schedule, therefore it is recommended that the expropriation proceed as proposed. No hearing was requested or held in respect of 90 Bloor Street East.

To comply with the legislative requirements of the Act, the report of the Ontario Land Tribunal, attached as Appendix A, must be considered by City Council before it exercises its discretion as approving authority to authorize the expropriation by this second stage report. If authorized, the Expropriations Plans will be registered and associated notices served. Statutory Offers of Compensation must be served prior to the City taking possession of the expropriated properties. 

The property requirements are set out in Appendix B and shown on the reference plans attached in Appendix C.

The General Government Committee recommends that:  

1. City Council, as approving authority under the Expropriations Act, consider the report of the Ontario Land Tribunal attached as Appendix A to the report (December 20, 2023) from the Executive Director, Corporate Real Estate Management.

2. City Council, as approving authority under the Expropriations Act, approve the expropriation of the entirety of the property municipally known as 1430 Gerrard Street East (the “Property”), as set out in Appendix B and as identified as Part 1 on the draft Expropriation Plan attached as Appendix B1 to the report (December 20, 2023) from the Executive Director, Corporate Real Estate Management.

3. City Council authorize the City, as expropriating authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to the preparation and registration of an Expropriation Plan, and the service of Notices of Expropriation, Notices of Election and Notices of Possession, as may be required.

4. City Council authorize the Director, Transaction Services, Corporate Real Estate Management, or their designate, to prepare, execute and serve offers of compensation based on a report appraising the market value of the Property in accordance with the requirements of the Expropriations Act.

5. City Council authorize the public release of  Confidential Attachment 1 to the report (December 20, 2023) from the Executive Director, Corporate Real Estate Management once there has been a final determination of all compensation payable to the owners by arbitration, appeal, or settlement to the satisfaction of the City Solicitor.

On March 9, 2022, City Council authorized the initiation of expropriation proceedings for the entirety of the property municipally known as 1430 Gerrard Street East (the “Property”) for the purpose of creating permanent affordable rental housing.

On October 6, 2023, a hearing was held by the Ontario Land Tribunal in respect of the proposed full fee expropriation. The City subsequently received a report from the Ontario Land Tribunal on December 11, 2023, concluding that the proposed taking is fair, sound and reasonably necessary in the achievement of the objectives of the City.

To comply with the legislative requirements of the Expropriations Act, the report of the Ontario Land Tribunal, attached as Appendix A, must be considered by City Council before it exercises its discretion as approving authority to approve the expropriation.

This report seeks the approval of City Council, as approving authority under the Expropriations Act, of the proposed expropriation and authorization for the City, as expropriating authority under the Expropriations Act, to serve all required statutory notices and make offers of compensation in accordance with the Expropriations Act.

The Property is set out in Appendix B and shown on the draft expropriation plan as Appendix B1.

Following the completion of expropriation proceedings, staff will report back to Council on any next steps or direction required to advance the permanent affordable housing program at the site.

The General Government Committee recommends that:

1. City Council, as approving authority under the Expropriations Act, consider the report of the Ontario Land Tribunal in respect of the properties municipally known as 2 and 4 Greenview Avenue attached as Appendix A to the report (December 20, 2023) from the Executive Director, Corporate Real Estate Management.

2. City Council, as approving authority under the Expropriations Act, approve the expropriation of the fee simple interests of the properties municipally known as 2, 4, 6, 18, 22 and 24 Greenview Avenue; and 36, 38 and 41 Hendon Avenue, as set out in Appendix B, and those properties for which partial takings are required as set out in Appendix C to the report (December 20, 2023) from the Executive Director, Corporate Real Estate Management, for the purposes of constructing the Beecroft Road Extension Project.

3. City Council authorize the City, as expropriating authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to the preparation and registration of the requisite Expropriation Plans, and service of Notices of Expropriation, Notices of Election and Notices of Possession, as may be required.

4. City Council authorize the Director, Transaction Services, Corporate Real Estate Management, or their designate, to obtain an appraisal report to value 2, 4, 6, 18, 22, and 24 Greenview Avenue; and 36, 38 and 41 Hendon Avenue, and to prepare and serve Offers of Compensation on all registered owners of 2, 4, 6, 18, 22, and 24 Greenview Avenue; and 36, 38 and 41 Hendon Avenue, at the appraised value, all in accordance with the requirements of the Expropriations Act. If amicable acquisitions of the Property Requirements cannot be completed to accommodate the timelines of the Beecroft Road Extension Project.

5. City Council authorize the Director, Corporate Real Estate Management, or their designate, to sign the Offer of Compensation for the owners of the Property Requirements, on behalf of the City. 

6. City Council authorize the public release of Confidential Attachment 1 to the report (December 20, 2023) from the Executive Director, Corporate Real Estate Management once there has been a final determination of the compensation payable to the owners of the Property Requirements by arbitration, appeal or settlement to the satisfaction of the City Solicitor. 

The General Government Committee recessed its public session to meet in closed session to consider this Item as it pertains to a proposed or pending acquisition or disposition of land by the City of Toronto (the "City") and advice that is subject to solicitor-client privilege.

On June 15 and 16, 2022, City Council authorized the initiation of expropriation proceedings for the fee simple interests of the ten properties municipally known as 2,4, 6, 18, 22, and 24 Greenview Avenue, 36, 38 and 41 Hendon Avenue and 5754 Yonge Street for the purpose of constructing Transportation Services' Beecroft Road Extension Project (the "Project").

This report relates to the second stage of the expropriation process. During the first stage and in accordance with the Expropriations Act (the "Act"), Notices of Application for Approval to Expropriate were served on all applicable "registered owners", who had 30 days to request a hearing of necessity (a “Hearing”) into whether the proposed taking is fair, sound, and reasonably necessary.

On March 6, 2023, a Hearing was held by the Ontario Land Tribunal with respect to the fee simple interests required from the owners of the properties municipally known as 2 and 4 Greenview Avenue. The City subsequently received a report from the Ontario Land Tribunal on November 29, 2023, concluding that the proposed takings of 2 and 4 Greenview Avenue are fair, sound and reasonably necessary.

To comply with the legislative requirements of the Act, the report of the Ontario Land Tribunal, attached as Appendix A to this report, must be considered by City Council before it exercises its discretion as approving authority under the Act to approve the expropriation of 2 and 4 Greenview Avenue.

No Hearing was requested or held in respect of 6, 18, 22 or 24 Greenview Avenue; 36 or 41 Hendon Avenue; or 5754 Yonge Street. A Hearing was requested for 38 Hendon Avenue, but was subsequently withdrawn by the property owner and no Hearing occurred.

This report seeks the approval of City Council, as approving authority under the Act, of the proposed expropriation of the nine properties municipally known as 2, 4, 6, 18, 22 and 24 Greenview Avenue; and 36, 38 and 41 Hendon Avenue (collectively known as the "Property Requirements"). If authorized, the Expropriation Plans will be registered and associated notices served. Statutory Offers of Compensation must be served prior to the City taking possession of the expropriated properties. 5754 Yonge Street is not included at this time due to site specific challenges and authority will be sought at a later date.

The Property Requirements are set out in Appendix B.

The Infrastructure and Environment Committee recommends that:

1. City Council establish a system of administrative penalties for Red Light Camera and Automated Speed Enforcement contraventions under, and in accordance with, the requirements of Ontario Regulation 355/22 made under the Highway Traffic Act, R.S.O. 1990, to be effective November 1, 2024.

2. City Council authorize the City Solicitor to amend City of Toronto Municipal Code Chapter 610, Penalties, Administration Of, so that it reads generally as set out in Attachment 1 to the report (December 21, 2023) from the City Solicitor, Chief Technology Officer, General Manager, Transportation Services, Director, Court Services, and Controller, such proposed replacement City of Toronto Municipal Code Chapter 610 to come into force on November 1, 2024.

3. City Council continue the Administrative Penalty Tribunal, expand the mandate of the Administrative Penalty Tribunal, and approve the updated Tribunal governance structure outlined in Attachment 2 to the report (December 21, 2023) from the City Solicitor, the Chief Technology Officer, the General Manager, Transportation Services, the Director, Court Services, and the Controller, such expanded mandate and updated Tribunal governance structure to be effective November 1, 2024.

4. City Council deems that any authorizations it has given prior to November 1, 2024 for City of Toronto Municipal Code Chapter 610, Penalties, Administration Of, including the establishment of by-laws as designated by-laws and the establishment of penalty amounts, continue to apply to the proposed replacement City of Toronto Municipal Code Chapter 610 and its schedules, as necessary.

5. City Council authorize the City Solicitor to introduce any necessary bills to amend the proposed replacement City of Toronto Municipal Code Chapter 610 and its schedules to reflect any changes to the text and / or schedules between the date that City Council adopts this Item and November 1, 2024, that being the date that the proposed replacement City of Toronto Municipal Code Chapter 610 comes into force, to update the proposed replacement City of Toronto Municipal Code Chapter 610 to incorporate any changes made to the current City of Toronto Municipal Code Chapter 610 and its Schedules in the interim, as required, and to make any additional required amendments deemed necessary by the City Solicitor, in consultation with the General Manager, Transportation Services, Director, Court Services, and Controller, to the proposed replacement City of Toronto Municipal Code Chapter 610, including any amendments required as a result of any legislative changes.

6. City Council authorize the continued delegation to the City Solicitor to appoint Screening Officers, who will be City employees, as required by O. Reg. 611/06 and delegate to the City Solicitor the additional authority to appoint Screening Officers, who will be City employees, required by O. Reg 355/22 to respond to requests for review of penalty notices issued under the City’s administrative penalty system established under that regulation.

7. City Council direct City staff to update the policies, guidelines and procedures that apply to the existing Administrative Penalty System as needed to give effect to the system of administrative penalties, procedures and the Administrative Penalty Tribunal as generally outlined in this report and make them publicly available on the City’s website.

8. City Council authorize the City Solicitor, in consultation with the City Clerk, to introduce any necessary bills to amend City of Toronto Municipal Code Chapter 217, Records, Corporate (City), City of Toronto Municipal Code Chapter 441, Fees and Charges, and Chapter 219, Records, Corporate (Local Boards) and to adopt new record retention schedules, subject to the approval of the City’s external auditor as required by s. 201, to give effect to the system of administrative penalties, procedures and the Administrative Penalty Tribunal as generally outlined in the report (December 21, 2023) from the City Solicitor, the Chief Technology Officer, the General Manager, Transportation Services, the Director, Court Services, and the Controller, and generally outlined in Attachments 1 and 2 inclusive to the report (December 21, 2023) from the City Solicitor, the Chief Technology Officer, the General Manager, Transportation Services, the Director, Court Services, and the Controller, such amendments to come into force on November 1, 2024.

9. City Council authorize the General Manager, Transportation Services, to negotiate, enter into and execute an agreement(s) with His Majesty the King in Right of Ontario, as represented by the Minister of Transportation, for the access and use of licence plate registration information in relation to administrative penalty proceedings for red light camera violations, on terms and conditions as generally outlined in the body of the report (December 21, 2023) from the City Solicitor, Chief Technology Officer, General Manager, Transportation Services, Director, Court Services, and Controller and on such further terms and conditions satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor.                

10. City Council authorize the General Manager, Transportation Services to negotiate, enter into and execute an agreement(s) with His Majesty the King in Right of Ontario, as represented by the Minister of Transportation, for the access and use of license plate registration information in relation to administrative penalty proceedings for automated speed enforcement violations, on terms and conditions as generally set out in the report (December 21, 2023) from City Solicitor, Chief Technology Officer, General Manager, Transportation Services, Director, Court Services, and Controller, and on such other terms and conditions satisfactory to the General Manager, Transportation Services and in a form satisfactory to the City Solicitor.

11. City Council authorize the Director, Revenue Services to negotiate, enter into and execute, on behalf of the City, an agreement(s) with His Majesty the King in Right of Ontario as represented by the Minister of Transportation and His Majesty the King in Right of Ontario, as represented by the Attorney General (MAG), for the access and use of licence plate registration information and for the City's access to the Defaulted Fines Control Centre to transmit requests to the Registrar of Motor Vehicles to refuse to issue or validate vehicle permits for unpaid administrative penalties for the purposes of the administrative parking penalty program, on such terms and conditions as generally set out in the report (December 21, 2023) from the City Solicitor, Chief Technology Officer, General Manager, Transportation Services, Director, Court Services, and Controller and on such other terms and conditions satisfactory to the Director, Revenue Services and in a form satisfactory to the City Solicitor.

12. City Council authorize the Director, Revenue Services to negotiate, enter into and execute, on behalf of the City, new agreement(s) with His Majesty the King in Right of Ontario, as represented by the Attorney General (MAG), in relation to camera systems administrative penalty enforcement programs, for the City's access to the Defaulted Fines Control Centre to transmit requests to the Registrar of Motor Vehicles, to refuse to issue or validate vehicle permits for unpaid administrative penalties, and for the remittance of penalty amounts collected by the Minister of Transportation to the City; and the arrangement(s) for the portion of the administrative penalty to be remitted by the City to MAG to be credited to the victims' justice fund on such terms and conditions as generally set out in the report (December 21, 2023) from the City Solicitor, Chief Technology Officer, General Manager, Transportation Services, Director, Court Services, and Controller and on such other terms and conditions satisfactory to the Director, Revenue Services and in a form satisfactory to the City Solicitor.

13. City Council authorize the General Manager, Transportation Services, to negotiate, enter into, and execute a new or amended agreement(s) between the City of Toronto and the Partnering Municipalities, said Partnering Municipalities generally as listed in Attachment 5 to the report (December 21, 2023) from the City Solicitor, Chief Technology Officer, General Manager, Transportation Services, Director, Court Services, and Controller, for Automated Speed Enforcement administrative penalty violation processing and for their cost-sharing of the expenses of the joint municipal processing centre and to amend such agreement(s) each time a new Municipality is added to such agreement for the duration of the contract between the City of Toronto and Redflex Traffic Systems (Canada) Incorporated, for the provision of Automated Speed Enforcement services, on terms and conditions generally as set out in the report (December 21, 2023) from the City Solicitor, Chief Technology Officer, General Manager, Transportation Services, Director, Court Services, and Controller satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor, and authorize the General Manager, Transportation Services to include all necessary budget and staff changes required to support other municipalities as part of the annual budget submission.

14. City Council authorize the General Manager, Transportation Services, to negotiate, enter into, and execute a new agreement(s) between the City of Toronto and the Partnering Municipalities generally as listed in Attachment 6 to the report (December 21, 2023) from the City Solicitor, Chief Technology Officer, General Manager, Transportation Services, Director, Court Services, and Controller, for Red Light Camera administrative penalty violation processing and for their cost-sharing of the expenses of the joint municipal processing centre and to amend such agreement(s) each time a new Municipality is added to such agreement for the duration of the contract between the City of Toronto and Traffipax LLC., for the provision of Red Light Camera services, on terms and conditions generally as set out in the report (December 21, 2023) from the City Solicitor, Chief Technology Officer, General Manager, Transportation Services, Director, Court Services, and Controller and satisfactory to the General Manager, Transportation Services, and in a form satisfactory to the City Solicitor, and authorize the General Manager, Transportation Services, to include all necessary budget and staff changes required to support other municipalities as part of the annual budget submission.

15. City Council authorize the City Solicitor to introduce the necessary Bills to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor, in consultation with the General Manager, Transportation Services, the Director of Revenue Services, and the Director of Court Services, in order to give effect to Recommendations 1 to 14 inclusive.

16. City Council direct the General Manager, Transportation, in collaboration with other departments as appropriate, to enhance public communications in the summer and fall of 2024 on the City’s increasing enforcement of road safety rules, including speed limits and red lights, and why they are necessary to make our city a better place to live.

The purpose of this report is to provide City Council with an overview of the governance and administrative requirements to expand the City of Toronto's Administrative Penalty System to include Red Light Camera and Automated Speed Enforcement violations effective November 1, 2024. The report requests City Council approval of several recommendations to establish an expanded Administrative Penalty System. Under the Highway Traffic Act and Ontario Regulation 355/22: Administrative Penalties for Contraventions Detected Using Camera Systems, the City can establish an administrative penalty and dispute resolution process for specific Highway Traffic Act violations issued through camera systems.

This report responds to City Council's direction through Item 2022.IE27.8 – Update on Vision Zero Management Strategy and Related Initiatives to report back to the Infrastructure and Environment Committee with an update and any necessary recommendations to give effect to the operation of an Administrative Penalty System for the Red Light Camera and Automated Speed Enforcement programs.

Adopting an administrative penalty structure for Red Light Camera and Automated Speed Enforcement disputes will move forward Vision Zero, increase public safety, and increase efficient dispute resolution with the additional benefit of allowing more efficient use of limited court time in provincial courts. It will also allow the City to better manage the addition of cameras to both programs as per Council's direction, while maintaining a speedier dispute resolution timeline.

The Administrative Penalty System expansion project includes the procurement of a new adjudicative case management technology solution. The acquisition of a modern, robust, scalable, and versatile technology solution is necessary and will ensure the long-term viability of the City's Administrative Penalty System. The current case management system for parking violations is the Parking Tag Management System. This system was modified in 2017 to temporarily support the program and cannot be further modified to support expanded Administrative Penalty System operations. A new technology solution will allow for the efficient administration and management of administrative penalties for automated speed enforcement, red light camera, and parking and will allow for any future needed expansion of the Administrative Penalty System. Capital funding for a case management solution to replace the Parking Tag Management System has already been approved by Council through the capital budget.

The Infrastructure and Environment Committee recommends that:  

1. City Council authorize the installation of the following bikeway projects on:

a. Champagne Drive from Chesswood Drive to Finch Avenue West, uni-directional cycle tracks;

b. Alness Street from Finch Avenue West to Finch Hydro Corridor, uni-directional cycle tracks;

c. University Avenue from 150 metres south of King Street to 150 metre south of Wellington Street, uni-directional cycle tracks;

d. Richmond Street from Strachan Avenue to Niagara Street, contra-flow bike lane;

e. Dundas Street East from Broadview Avenue to West Avenue, uni-directional cycle tracks;

f. Dundas Street East from Logan Avenue to Pape Avenue, uni-directional cycle tracks;

g. Hoskin Avenue from Queens Park Crescent West to St George Street, uni-directional cycle tracks; and

h. Harbord Street from St George Street to Ossington Avenue, uni-directional cycle tracks.

2. City Council delegate, despite any City of Toronto By-law to the contrary, to the General Manager, Transportation Services, until November 1, 2025, for the purposes of implementing and then addressing operational and safety issues that may arise in relation to the projects identified in Recommendation 1, the authority to implement changes and process and submit directly to Council any necessary bills for by-law amendments to the schedules to City of Toronto Code Chapters on the streets and within the parameters as identified in Attachment 2 to the report (December 21, 2023) from the General Manager, Transportation Services, such the by-laws submitted be made permanent on November 1, 2025.

3. City Council authorize and direct the appropriate City officials to take the necessary action to give effect to Council's decision, including the introduction in Council of any and all bills that may be required.

4. City Council amend cycling, traffic and parking regulations required in Chapter 886, Chapter 903, Chapter 910 and Chapter 950, as generally described in Attachment 3 - Technical Amendments to the report (December 21, 2023) from the General Manager, Transportation Services, for previously approved projects by City Council that have been enacted in phases aligned with the timing of implementation of the appropriate segments of the respective projects over 2022 to 2023 and by-law accuracy.

The Cycling Network Plan and the associated Near Term Implementation Plan, adopted by City Council in December 2021 seeks to build on the existing network of cycling routes to Connect gaps in the current network, Grow the network into new parts of the city, and Renew existing parts of the network to improve safety. Through this report, Transportation Services is seeking authority for bikeway projects that are proposed to be installed in the near term (2022-2024) for which design and consultation have been completed.

This report seeks Council authority to install 1.5 centreline kilometres (km) of new bikeways on the following streets:

- Champagne Drive: Chesswood Drive to Finch Avenue West (cycle tracks, Ward 6)

- Alness Street: Finch Avenue West to Finch Hydro Corridor (cycle tracks, Ward 6)

 - University Avenue: 150 m from current terminus south of King Street to south of Wellington Street (cycle tracks, Ward 10)

- Richmond Street: Strachan Avenue to Niagara Street (contra-flow bike lanes, Ward 10)

Further, this report seeks Council authority to make by-law amendments associated with improvements to 3.5 centreline kilometres of existing cycling infrastructure on the following streets:

- Dundas Street East: Broadview Avenue to West Avenue (bike lanes to cycle tracks, Ward 14)

- Dundas Street East: Logan Avenue to Pape Avenue (bike lanes to cycle tracks, Ward 14)

- Hoskin Avenue: Queens Park Crescent West to St George Street (bike lanes to cycle tracks, Ward 11)

- Harbord Street: St George Street to Ossington Avenue (bike lanes to cycle tracks, Ward 11)

As part of this report, Transportation Services is continuing to utilize the streamlined reporting process for by-law amendment submissions associated with cycling infrastructure projects approved by Council for implementation. Once projects are approved by Council, the streamlined process involves delegation of authority to submit bills directly to Council for a discreet period of time after project implementation which enables Transportation Services to make minor adjustments to constructed conditions without delay and based on local Councillor and public feedback such as parking adjustments to improve sight-lines, adjustments or addition of accessible loading areas, and similar modifications.

The changes proposed as part of the projects identified above would improve safety and mobility options by providing improved cycling connections to transit, parks, local schools, businesses, and residences. Pedestrian improvements have also been included in the projects, wherever feasible, including curb extensions and new sidewalk installations, and motor vehicle lane adjustments.

Finally, this report seeks to make minor housekeeping amendments to existing bikeways and their associated traffic and parking by-laws on the following streets:

- Bloor Street West (bicycle and traffic and parking, Ward 3 and 11)

- Bartlett Avenue (traffic and parking, Ward 9)

- Temperance Street (bicycle and traffic, Ward 10)

- Shaw Street (bicycle and traffic and parking, Ward 11)

- The Esplanade (bicycle and traffic and parking, Ward 10 and 13)

- Wilmington Avenue (parking, Ward 6)

- Yonge Street (traffic, Ward 11 and 12)

An additional report is anticipated for 2024 projects in the second quarter of 2024. A map of the bikeway projects proposed in this report is included as Attachment 1. 

The Infrastructure and Environment Committee recommends that:

1. City Council direct the General Manager, Transportation Services to take all reasonable steps to make designated bike lanes safe and passable for bicycles during the winter season.

The minimum standard of ice / snow management on most Toronto streets is described as "safe and passable". In practice, Toronto streets are almost always "safe and passable" for cars and trucks. However, bike lanes are only "safe and passable" when they are "safe and passable" for bicycles. In Toronto's weather, because of our frequent fluctuations above and below zero, no bike lane is "safe and passable" unless it is cleared to bare pavement. Layers of snow / slush that are passable for cars quickly become icy and unsafe for bicycles.

Last year, protected bike lanes (cycle tracks) were generally properly cleared after the first few weeks of confusion. However, on-road bike lanes were often left hazardous with frequent patches and barriers of ice, especially in the most dangerous locations such as curves and hills.

Improved winter bike lane maintenance is necessary for Vision Zero and to support Toronto’s climate commitments, in particular to allow three quarters of local trips (year round) to be made by foot, bicycle or transit by the end of this decade. It is also necessary to support other city initiatives, such as the five dollar a year Bikeshare membership just extended to Toronto Community Housing Corporation tenants, and the work being done to encourage downtown deliveries by cargo bike.

The Infrastructure and Environment Committee recommends that:

1. City Council direct the Interim Chief Planner and Executive Director, City Planning, and the Acting General Manager, Parks, Forestry and Recreation, in consultation with other Divisions as appropriate, to review and report to Infrastructure and Environment Committee, by the third quarter of 2024, on applicable policies concerning the use of City property to create replacement habitat for the purposes of the Endangered Species Act, 2007, with such report:

a. taking into account the province’s failure to adequately protect species at risk, as documented by the Environmental Commissioner of Ontario in the 2017 Environmental Protection Report, titled Good Choices, Bad Choices; and

b. identifying any potential policy or planning process improvements which may assist in providing a net gain for the affected species, including requiring at least two high quality replacement habitats for each existing habitat destroyed.

Under the provincial Endangered Species Act, those who wish to damage or destroy the habitat of an endangered species must construct replacement habitat. Such "replacement" habitats typically have a poor success rate in supporting continued breeding success of the endangered species. The Environmental Commissioner of Ontario therefore recommended that at least two high quality replacement habitats should be constructed before permitting destruction of the original habitat.

Developers intending to destroy endangered species habitat often wish to save money by constructing their replacement habitats in parks or other City property, to avoid having to purchase replacement habitat lands. The City should not permit public property to be used for this purpose unless at least two high quality replacement habitats are constructed for each existing habitat destroyed.

The Infrastructure and Environment Committee recommends that:

1. City Council authorize the Executive Director, Social Development, Finance and Administration to administer and provide Bike Share Toronto's Reduced Fare Annual Memberships to eligible Fair Pass Program clients on behalf of the Toronto Parking Authority.

At its meeting on November 23, 2023, the Toronto Parking Authority considered Item PA7.7 and referred it to the Infrastructure and Environment Committee.

Summary from the report (November 9, 2023) from the President, Toronto Parking Authority
Bike Share Toronto is a convenient, affordable, and sustainable mobility option that is an integral component of Toronto’s transportation network and one of North America's largest bike share systems. The program has seen tremendous growth, expanding from a system of 80 stations and annual ridership of 400,000 in 2011, to a network of over 780 stations, 8,800 bikes (including 1,825 e-bikes) and a projected ridership of 5.5 million in 2023 - an increase of 23 percent from 2022.

In 2023, Toronto Parking Authority made recommendations to Toronto Parking Authority's
Board and City Council to modernize Bike Share Toronto's rate structure. The recommended
changes - the first since 2017 - were intended to address the imbalance between volume growth and cost pressures that were degrading key operating metrics and ultimately undermining customer experience.

City Council's adoption of the new rate structure included several amendments regarding the
development of new payment methods, special passes, an accelerated implementation schedule for a low-income pass and completion of an equity-based investigation into the impacts of the new rate structure on the inner suburbs.

The new Bike Share Toronto rate structure was launched on April 3, 2023. Since that time, the sale of annual memberships (32,000 Year to date, + 10 percent v 2022) has continued to grow year over year. Use of e-bikes by both annual members and casual riders has increased exponentially (336,000 rides + 111 percent Year to date) and overall customer satisfaction with the program, including the rate structure, remains at industry leading levels.

In response to the amendments included in Council's approval of the new rate structure,
Toronto Parking Authority has completed the development work to enable payment of annual
memberships in three (3) installments, developed 100 special Ontario Disability Support
Program (ODSP) passes to be distributed by the YMCA, developed a seniors pass (65+ years) that Bike Share Toronto will pilot for one (1) year and extended corporate discounts to the staff and students at Toronto District School Board (TDSB) and Toronto Catholic District School Board (TCDSB).

In addition, Toronto Parking Authority has worked with Toronto Community Housing (TCHC) to make $5 annual memberships available to existing Rent-Geared-to-Income residents and is working with Social Development, Finance and Administration Division (SDFA) to implement a $5 annual membership available to Toronto Transit Commission Fare Pass holders as early as the second quarter of 2024. Finally, Toronto Parking Authority is carrying out an equity-based investigation into how the new rate structure is impacting users from the inner suburbs and adjusting its 2023 and 2024 expansion plans to reflect this input.

The Infrastructure and Environment Committee forwards the Item to City Council without recommendation.

The Infrastructure and Environment Committee:

1. Requested the General Manager, Transportation Services and the City Solicitor to report directly to the February 6, 7 and 8, 2024 City Council meeting on:

a. existing safety policies and available enforcement measures to prevent driver distractions from rallies, protests, waving flags and affixing of banners on Highway 401 overpasses, including an itemized list of safety and enforcement measures to keep pedestrians, cyclists and motorists safe; and

b. the jurisdictional responsibilities and roles of the City of Toronto, the Province of Ontario, the Toronto Police Services and the Ontario Provincial Police in protecting the safety of pedestrians, cyclists and motorists on Highway 401 overpasses and the highway below.

In recent months, there has been a growing number of protests and rallies on 401 overpass bridges around the Greater Toronto Area. These groups vary in size from a few people to dozens. The events include the waving of flags, the affixing of posters to the bridge overhang, and using noise amplification. At times, there are also counter protests. A 401 overpass is perhaps one of the most dangerous locations for protests and rallies. The intention of the protests is to deliberately distract drivers to bring attention to their cause, on one of the busiest highways in North America. It is only a matter of time before there is a catastrophic accident with fatalities, injuries and property damage. Because the overpass is municipal responsibility and the highway below is provincial, various issues have emerged about what enforcement measures the City of Toronto can take to keep the roadway free of protests and safe for pedestrians, cyclists and motorists. There are also questions about how jurisdictional and enforcement measures are handled and divided between city staff (such as Municipal Licensing) and which are handled by Toronto Police Services. There is an urgency to see jurisdictional and enforcement clarity on this matter.

The Planning and Housing Committee recommends that:

1. City Council amend city-wide By-law 569-2013 for the areas identified in Attachment 3 to the report (January 15, 2024) from the Interim Chief Planner and Executive Director, City Planning, substantially in accordance with the recommended Zoning By-law Amendments attached as Revised Attachment 6 to the report (January 15, 2024) from the Interim Chief Planner and Executive Director, City Planning.

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

The Planning and Housing Committee held a statutory public meeting on January 29, 2024, and notice was given in accordance with the Planning Act.

The Midtown Zoning Review is one of three initiatives collectively known as "Ready, Set, Midtown", to implement Official Plan Amendment 405, the Yonge-Eglinton Secondary Plan ("the Plan"), The other two initiatives are the Midtown Infrastructure Implementation Strategy and the Midtown Public Realm Implementation Strategy.

The Midtown Zoning Review is intended to implement the policies of the Yonge-Eglinton Secondary Plan via permissions in zoning. City Council has adopted by-laws for this purpose in phases, including those for the 'Villages' Character Areas and select low-rise Neighbourhoods.

The purpose of this report is to bring forward recommended zoning by-law amendments to implement Secondary Plan policies for select lands designated Apartment Neighbourhoods, and certain Parks and Open Space Areas - Parks. Most of these lands fall within a Council-adopted Major Transit Station Area, which sets a minimum floor space index for the lands. The recommended zoning by-law amendments permit, housing in mid-rise and tall building forms on lands planned for mid-rise to high-rise intensification, along with small scale arts, cultural, retail and service uses. The recommended changes coming into force and effect will streamline the planning approvals for development in conformity with the Plan. Changes proposed also include an enhancement to existing regulations regarding the adequacy of municipal servicing, and rezoning lands identified as future parks. The report outlines the process undertaken to arrive at the recommended zoning by-law amendments, including engagement and public consultation.

The recommended zoning by-law amendments are consistent with the Provincial Policy Statement, and conform to A Place to Grow: Growth Plan for the Greater Golden Horseshoe and with the Official Plan.

The Planning and Housing Committee recommends that:

1. City Council state its intention to designate the property at 309 Cherry Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 309 Cherry Street (Reasons for Designation) attached as Attachment 3 to the report (December 27, 2023) from the Chief Planner and Executive Director, City Planning.

2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council state its intention to designate the property at 309 Cherry Street under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value according to the Statement of Significance and description of Heritage Attributes found in Attachment 3.

Located in the Port Lands at the southeast corner of Cherry Street and Villiers Street, the subject property at 309 Cherry Street is approximately bounded by Cherry Street to the east, Villiers Streets to the north, and Commissioners Street to the south.

The subject property contains two detached buildings: the first building was constructed in 1920 and the second was constructed in 1941. The first building on the property at 309 Cherry Street is a two-storey institutional building constructed in 1920 as a banking hall and offices for the Bank of Montreal; it was designed by the esteemed architectural firm Darling & Pearson in the Classical Revival style. Toronto Harbour Commissioners leased the property to the Bank of Montreal for a period of 21 years; however, few new industries had moved to the area by 1925 and by 1926 the Bank of Montreal ceased operations at this location.

Separated by a laneway to the south, the second building on the subject property is a two-to-four-storey industrial building constructed in 1941 as an oil storage warehouse for Canadian Oil Companies Ltd (formerly misidentified as the William McGill and Company building). It was designed by the architect N. A. Armstrong and represents a vernacular industrial building with noticeable features of the Art Moderne style. By 1942, the Canadian Oil Companies leased the former Bank of Montreal building for their offices and continued to use both buildings until the mid-1960s when the company was purchased by Shell Canada, a subsidiary of the British oil and gas company Shell.

The former Bank of Montreal building was added to the City's Inventory of Heritage Properties (now, Heritage Register) on August 18, 1976. The former Canadian Oil Companies warehouse was added to the City's Heritage Register on February 11, 2003; however, it was misidentified as the William McGill and Company building.

Staff researched the subject property, and the two buildings were evaluated individually and collectively against the criteria prescribed in Ontario Regulation 9/06. A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria.

Staff have determined that the property at 309 Cherry Street meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under design/physical, historical/associative, and contextual values, the attributes of which are reflected in the Statement of Significance (Attachment 3).

On March 16, 2023, the City received a consolidated revised Zoning By-law Amendment application for two previously submitted and appealed Zoning By-law Amendment applications (16 271912 STE 30 OZ and 12 131809 STE 30 OZ). The consolidated Zoning By-law application resubmission is related to the proposed redevelopment of the subject property for two building blocks comprised of two towers (39-storeys and 47-storeys) on individual U-shaped, multi-storey (8-11-storey) podiums with residential and commercial uses. The new development will be bound by Cherry Street, Villiers Street, Commissioners Street, and the proposed future Foundry Street (west of and parallel to Munition Street). The application proposes the retention of the three elevations and structural elements of the former Bank of Montreal and adaptive re-use of the former Canadian Oil Companies warehouse in situ for commercial use; however, the precise degree of retention of this structure has yet to be determined and is the subject of further discussions with the applicant. Additionally, on November 15, 2021, the City received a Draft Plan of Subdivision application (21 234718 STE 14 SB) related to the same proposed redevelopment as described above.

City Clerks issued a complete application notice for the Draft Plan of Subdivision application on March 4, 2022. On March 24, 2022, a waiver was provided extending the 90 days time period in which City Council must make a decision regarding Part IV designation in respect to the above noted applications under the Ontario Heritage Act until March 2023 which was further extended to March 31, 2024. In order to meet prescribed timelines under the Ontario Heritage Act, Council must make a decision at its March 20, 2024 meeting to provide sufficient time for the City Clerk to issue a notice of intention to designate before the waiver expires.

The Prescribed Event occurred on this property before January 1, 2023, therefore, Section 29(1.2)1 of the Ontario Heritage Act does not apply to require the property be included in the City's Heritage register prior to Council stating the notice of intention to designate on this property.

Designation enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

At its meeting on December 7, 2023 the Toronto Preservation Board considered Item PB12.4 and made recommendations to City Council.

Summary from the report (November 16, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council state its intention to designate the property at 309 Cherry Street under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value according to the Statement of Significance and description of Heritage Attributes found in Attachment 3.

Located in the Port Lands at the southeast corner of Cherry Street and Villiers Street, the subject property at 309 Cherry Street is approximately bounded by Cherry Street to the east, Villiers Streets to the north, and Commissioners Street to the south.

The subject property contains two detached buildings: the first building was constructed in 1920 and the second was constructed in 1941. The first building on the property at 309 Cherry Street is a two-storey institutional building constructed in 1920 as a banking hall and offices for the Bank of Montreal; it was designed by the esteemed architectural firm Darling & Pearson in the Classical Revival style. Toronto Harbour Commissioners leased the property to the Bank of Montreal for a period of 21 years; however, few new industries had moved to the area by 1925 and by 1926 the Bank of Montreal ceased operations at this location.

Separated by a laneway to the south, the second building on the subject property is a two-to-four-storey industrial building constructed in 1941 as an oil storage warehouse for Canadian Oil Companies Ltd (formerly misidentified as the William McGill and Company building). It was designed by the architect N. A. Armstrong and represents a vernacular industrial building with noticeable features of the Art Moderne style. By 1942, the Canadian Oil Companies leased the former Bank of Montreal building for their offices and continued to use both buildings until the mid-1960s when the company was purchased by Shell Canada, a subsidiary of the British oil and gas company Shell.

The former Bank of Montreal building was added to the City's Inventory of Heritage Properties (now, Heritage Register) on August 18, 1976. The former Canadian Oil Companies warehouse was added to the City's Heritage Register on February 11, 2003; however, it was misidentified as the William McGill and Company building.

Staff researched the subject property, and the two buildings were evaluated individually and collectively against the criteria prescribed in Ontario Regulation 9/06. A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria.

Staff have determined that the property at 309 Cherry Street meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under design / physical, historical / associative, and contextual values, the attributes of which are reflected in the Statement of Significance (Attachment 3).

On March 16, 2023, the City received a consolidated revised Zoning By-law Amendment application for two previously submitted and appealed Zoning By-law Amendment applications (16 271912 STE 30 OZ and 12 131809 STE 30 OZ). The consolidated Zoning By-law application resubmission is related to the proposed redevelopment of the subject property for two building blocks comprised of two towers (39-storeys and 47-storeys) on individual U-shaped, multi-storey (8-11-storey) podiums with residential and commercial uses. The new development will be bound by Cherry Street, Villiers Street, Commissioners Street, and the proposed future Foundry Street (west of and parallel to Munition Street). The application proposes the retention of the three elevations and structural elements of the former Bank of Montreal and adaptive re-use of the former Canadian Oil Companies warehouse in situ for commercial use; however, the precise degree of retention of this structure has yet to be determined and is the subject of further discussions with the applicant. Additionally, on November 15, 2021, the City received a Draft Plan of Subdivision application (21 234718 STE 14 SB) related to the same proposed redevelopment as described above.

City Clerks issued a complete application notice for the Draft Plan of Subdivision application on March 4, 2022. On March 24, 2022, a waiver was provided extending the 90 days time period in which City Council must make a decision regarding Part IV designation in respect to the above noted applications under the Ontario Heritage Act until March 2023 which was further extended to March 31, 2024. In order to meet prescribed timelines under the Ontario Heritage Act, Council must make a decision at its March 20, 2024 meeting to provide sufficient time for the City Clerk to issue a notice of intention to designate before the waiver expires.

The Prescribed Event occurred on this property before January 1, 2023, therefore, Section 29(1.2) 1 of the Ontario Heritage Act does not apply to require the property be included in the City's Heritage register prior to Council stating the notice of intention to designate on this property.

Designation enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

The Planning and Housing Committee recommends that:

1. City Council state its intention to designate the property at 505 University Avenue (including entrance address at 136 Edward Street) under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 505 University Avenue (Reasons for Designation) attached as Attachment 3 to the report (January 4, 2024) from the Interim Chief Planner and Executive Director, City Planning.

2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council state its intention to designate the property at 505 University Avenue (including entrance address at 136 Edward Street) under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value according to the Statement of Significance and description of Heritage Attributes found in Attachment 3.

Located on the northeast corner of University Avenue and Edward Street, the property at 505 University Avenue contains the Shell Oil Building. Designed by the prominent architectural firm of Marani and Morris, the building was originally intended to be constructed to a height of 20-storeys. However, the Shell Oil Building was erected in two phases, with the first 13 storeys completed in 1958 and the uppermost 7 storeys added in 1966 using a novel mobile crane modification created specifically for this project and signalling a technical achievement in local high-rise construction.

The Canadian office of Shell Oil was originally located in Montreal since 1925 until its new headquarters opened on University Avenue in 1958. The Shell Oil Building at 505 University Avenue forms part of the collection of Marani & Morris-designed buildings contributing to the rise of architecture in the post-World War II era along the grand ceremonial boulevard of University Avenue, including the adjacent Maclean-Hunter Building, built in 1961 (481 University Avenue), the nearby Bank of Canada Building, built in1958 (250 University Avenue) and the Metro Toronto Court House, built in 1966 (361 University Avenue) that are already recognized as heritage properties by City Council.

Prior to the opening of its headquarters in Toronto, Shell Oil also commissioned The Shell Oil Tower at Exhibition Place, a modernist landmark designed by George Robb. The innovative nine-storey column of steel and glass topped by a viewing platform and large analogue clock was built to promote Shell Oil to visitors to the Canadian National Exhibition when it opened in 1955 (the same year that Shell purchased the property at 505 University Avenue for their new Head Quarters) and while the site was leased until 1973. Together, the Shell Oil Building and the Shell Oil Tower demonstrated the company's vision and investment in high quality modern architecture in Toronto.

Staff have determined that the property at 505 University Avenue meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under all three categories of design/physical, historical/associative and contextual values. A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria.

On August 31, 2022 the City received a Zoning By-law Amendment application proposing to demolish the existing Shell Oil Canada building to permit the construction of a new 64-storey mixed-use building with a 12-storey office podium and residential units above. 

A Heritage Impact Assessment completed by GBCA Architects and dated August 15, 2022 was submitted to support the application and is currently under review.

The City Clerk issued a complete application notice on October 28, 2022. The property owner has provided a waiver to extend the 90-day timeline to April 1, 2024. Council must make a decision on or before its March 20, 2024 meeting to provide sufficient time for the City Clerk to issue a notice of intention to designate before the waiver expires.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property under Section 29(1.2)1 of the Ontario Heritage Act. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023.

At its meeting on January 18, 2024 the Toronto Preservation Board considered Item PB13.2 and made recommendations to City Council.

Summary from the report (January 3, 2024) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council state its intention to designate the property at 505 University Avenue (including entrance address at 136 Edward Street) under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value according to the Statement of Significance and description of Heritage Attributes found in Attachment 3.

Located on the northeast corner of University Avenue and Edward Street, the property at 505 University Avenue contains the Shell Oil Building. Designed by the prominent architectural firm of Marani & Morris, the building was originally intended to be constructed to a height of 20-storeys. However, the Shell Oil Building was erected in two phases, with the first 13 storeys completed in 1958 and the uppermost 7 storeys added in 1966 using a novel mobile crane modification created specifically for this project and signalling a technical achievement in local high-rise construction.

The Canadian office of Shell Oil was originally located in Montreal since 1925 until its new headquarters opened on University Avenue in 1958. The Shell Oil Building at 505 University Avenue forms part of the collection of Marani & Morris-designed buildings contributing to the rise of architecture in the post-World War Two era along the grand ceremonial boulevard of University Avenue, including the adjacent Maclean-Hunter Building, 1961 (481 University Avenue), the nearby Bank of Canada Building, 1958 (250 University Avenue) and the Metro Toronto Court House, 1966 (361 University Avenue) that are already recognized as heritage properties by City Council.

Prior to the opening of its headquarters in Toronto, Shell Oil also commissioned The Shell Oil Tower at Exhibition Place, a modernist landmark designed by George Robb. The innovative nine-storey column of steel and glass topped by a viewing platform and large analogue clock was built to promote Shell Oil to visitors to the Canadian National Exhibition when it opened in 1955 (the same year that Shell purchased the property at 505 University Avenue for their new Headquarters) and while the site was leased until 1973. Together, the Shell Oil Building and the Shell Oil Tower demonstrated the company's vision and investment in high quality modern architecture in Toronto.

Staff have determined that the property at 505 University Avenue meets Ontario Regulation
9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under all three categories of design / physical, historical / associative and contextual values. A property may be designated under Part IV, Section 29 of the Ontario Heritage Act, if it meets two or more of the nine criteria.

On August 31, 2022 the City received a Zoning By-law Amendment application proposing to demolish the existing Shell Oil Canada building to permit the construction of a new 64-storey mixed-use building with a 12-storey office podium and residential units above.

A Heritage Impact Assessment completed by GBCA Architects and dated August 15, 2022 was submitted to support the application and is currently under review.

The City Clerk issued a complete application notice on October 28, 2022. The property owner has provided a waiver to extend the 90-day timeline to April 1, 2024. Council must make a decision on or before its March 20, 2024 meeting to provide sufficient time for the City Clerk to issue a notice of intention to designate before the waiver expires.

As of January 1, 2023, should a property be subject to an Official Plan Amendment, Zoning By-law Amendment and / or Draft Plan of Subdivision Application that would trigger a Prescribed Event, the property must be listed in the heritage register prior to the Prescribed Event occurring to designate a property under Section 29(1.2)1 of the Ontario Heritage Act. This requirement does not apply to a Prescribed Event that has occurred prior to January 1, 2023.

The Planning and Housing Committee recommends that:

1. City Council state its intention to designate the property at 78 Mimico Avenue under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 78 Mimico Avenue (Reasons for Designation) attached as Attachment 3 to the report (January 9, 2024) from the Interim Chief Planner and Executive Director, City Planning.

2. City Council state its intention to designate the property at 80 Mimico Avenue under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 80 Mimico Avenue (Entrance Address at 84 Mimico Avenue) (Reasons for Designation) attached as Attachment 4 to the report (January 9, 2024) from the Interim Chief Planner and Executive Director, City Planning.

3. City Council state its intention to designate the property at 86 Mimico Avenue under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 86 Mimico Avenue (Reasons for Designation) attached as Attachment 5 to the report (January 9, 2024) from the Interim Chief Planner and Executive Director, City Planning.

4. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that City Council state its intention to designate the properties located at 78, 80 and 86 Mimico Avenue under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value.

Located on the north side of Mimico Avenue at Station Road in Mimico, the properties at 78, 80 and 86 Mimico Avenue were constructed between 1920 and 1929 as main street commercial structures with residential/office uses above. Although constructed separately, these three buildings display a remarkable level of visual cohesion, sharing architectural elements including two storey profile, cornices, parapets, storefronts, and second storey apartments/offices.

These three properties are representative examples of the main street commercial building typology from Mimico's streetcar period (1918-1939) following the First World War, when Mimico experienced significant growth primarily along the north side of Mimico Avenue and where commercial structures were grouped together at the intersections of Lakeshore Boulevard West, Queens Avenue, and Station Road.  

The property at 80 Mimico Avenue was constructed in 1920 by John and Percy MacKenzie for their business, John MacKenzie and Son Dairy. The MacKenzie family sold the property at 80 Mimico Avenue in 1928 and in 1929, John, Percy, and Clarence MacKenzie constructed the building at 78 Mimico Avenue to accommodate their expanded dairy which operated as the Hillside Dairy from 1932-1943, and Silverwoods Dairy from 1944-1955. As such, a dairy operated for 35 years on the main street of Mimico. The property at 80 Mimico Avenue was purchased by Anthony Joseph in 1928, whose family would operate a grocery store there from 1929 until 1969.

Constructed between 1923 and 1924 for the Union Bank of Canada, 86 Mimico Avenue served as the branch of the Royal Bank of Canada from 1925-1935 prior to being purchased and occupied by Florence Weber in 1953, who would reside there for the next five decades.

As a group, the subject properties anchor the northeast corner of Mimico Avenue and Station Road and are important in defining, maintaining, and supporting the predominantly early-twentieth century main street character of Mimico Avenue, which includes a mix of early-twentieth century residential and commercial structures.

The properties located at 78, 80 and 86 Mimico Avenue were identified as having potential cultural heritage value in the Mimico 20/20 Revitalization Cultural Heritage Resource Assessment (CHRA) prepared in 2012 by URS Canada as a key component of the Mimico 20/20 Action Plan. The Mimico 20/20 Revitalization Cultural Heritage Resource Assessment identified the properties, along with the north side of Mimico Avenue between Queens Avenue and Station Road, as worthy of further investigation as either a potential Cultural Heritage Landscape or Heritage Conservation District "due to their cohesive character and level of integrity."

Staff have completed the Research and Evaluation Report for the properties at 78, 80 and 86 Mimico Avenue and determined that the properties meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under Design/Physical and Contextual Value. As such, the properties are significant built heritage resources.

On May 15, 2023, Demolition Permit Application 23 145944 DEM 00 DM was submitted for the property at 78 Mimico Avenue and Demolition Permit Application 23 145960 DEM 00 DM was submitted for the property at 80 Mimico Avenue. The applications are currently under review.

Designation enables City Council to review proposed alterations or demolitions to the properties and enforce heritage property standards and maintenance. The Bill 108 Amendments to the Ontario Heritage Act included a shift in Part IV designations related to Planning Act applications that would trigger a Prescribed Event. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application.

A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and/or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act. 

A Heritage Impact Assessment is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved.

At its meeting on January 18, 2024 the Toronto Preservation Board considered Item PB13.1 and made recommendations to City Council.

Summary from the report (January 9, 2024) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council state its intention to designate the properties located at 78, 80 and 86 Mimico Avenue under Part IV, Section 29 of the Ontario Heritage Act for their cultural heritage value.

Located on the north side of Mimico Avenue at Station Road in Mimico, the properties at 78, 80 and 86 Mimico Avenue were constructed between 1920 and 1929 as main street commercial structures with residential / office uses above. Although constructed separately, these three buildings display a remarkable level of visual cohesion, sharing architectural elements including two storey profile, cornices, parapets, storefronts, and second storey apartments / offices.

These three properties are representative examples of the main street commercial building typology from Mimico's streetcar period (1918-1939) following the First World War, when Mimico experienced significant growth primarily along the north side of Mimico Avenue and where commercial structures were grouped together at the intersections of Lakeshore Boulevard West, Queens Avenue, and Station Road.

The property at 80 Mimico Avenue was constructed in 1920 by John and Percy MacKenzie for their business, John MacKenzie and Son Dairy. The MacKenzie family sold the property at 80 Mimico Avenue in 1928 and in 1929, John, Percy, and Clarence MacKenzie constructed the building at 78 Mimico Avenue to accommodate their expanded dairy which operated as the Hillside Dairy from 1932-1943, and Silverwoods Dairy from 1944-1955. As such, a dairy operated for 35 years on the main street of Mimico. The property at 80 Mimico Avenue was purchased by Anthony Joseph in 1928, whose family would operate a grocery store there from 1929 until 1969.

Constructed between 1923 and 1924 for the Union Bank of Canada, 86 Mimico Avenue served as the branch of the Royal Bank of Canada from 1925-1935 prior to being purchased and occupied by Florence Weber in 1953, who would reside there for the next five decades.

As a group, the subject properties anchor the northeast corner of Mimico Avenue and Station Road and are important in defining, maintaining, and supporting the predominantly early-twentieth century main street character of Mimico Avenue, which includes a mix of early-twentieth century residential and commercial structures.

The properties located at 78, 80 and 86 Mimico Avenue were identified as having potential cultural heritage value in the Mimico 20/20 Revitalization Cultural Heritage Resource Assessment prepared in 2012 by URS Canada as a key component of the Mimico 20/20 Action Plan. The Cultural Heritage Resource Assessment identified the properties, along with the north side of Mimico Avenue between Queens Avenue and Station Road, as worthy of further investigation as either a potential Cultural Heritage Landscape or Heritage Conservation District "due to their cohesive character and level of integrity."[1]

Staff have completed the Research and Evaluation Report for the properties at 78, 80 and 86 Mimico Avenue and determined that the properties meet Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under Design / Physical and Contextual Value. As such, the properties are significant built heritage resources.

On May 15, 2023, Demolition Permit Application 23 145944 DEM 00 DM was submitted for the property at 78 Mimico Avenue and Demolition Permit Application 23 145960 DEM 00 DM was submitted for the property at 80 Mimico Avenue. The applications are currently under review.

Designation enables City Council to review proposed alterations or demolitions to the properties and enforce heritage property standards and maintenance. The Bill 108 Amendments to the Ontario Heritage Act included a shift in Part IV designations related to Planning Act applications that would trigger a Prescribed Event. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application.

A "Prescribed Event" is a point of time when the application for an Official Plan Amendment, Zoning By-law Amendment and / or Draft Plan of Subdivision Application has been deemed complete and the City Clerk provides notice of that complete application to the public in accordance with the Planning Act.

A Heritage Impact Assessment is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved.

The Etobicoke York Community Council recommends that:

1. City Council amend Zoning By-law 569-2013 for the lands at 2 and 10 East Mall Crescent substantially-in-accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (December 22, 2023) from the Director, Community Planning, Etobicoke York District.

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

3. Before introducing the necessary Bill to City Council for enactment, City Council require the owner to:

a. Submit a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services; and

b. Make satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement(s) with the City for the design and construction of any improvements to the municipal road infrastructure, should it be determined that upgrades to infrastructure are required to support this development according to the accepted Functional Servicing and Stormwater Management Report, and Traffic Impact Study.

4. City Council recommend to the Chief Planner and Executive Director, City Planning, that the following matters, among others, be addressed through Site Plan Control review for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City as follows:

a. The owner shall construct and maintain two Privately-Owned Publicly Accessible Spaces (POPS) shown in Diagram 4 of the draft Zoning By-law Amendment attached as Attachment 5 to the report (December 22, 2023) from the Director, Community Planning, Etobicoke York District, in accordance with the following:

1. The owner shall convey, prior to Site Plan Control approval, surface easements in perpetuity over the Privately-Owned Publicly Accessible Spaces located generally at the southeast and southwest of the site to the City for nominal consideration, all to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the City Solicitor;

2. The construction of the Privately-Owned Publicly Accessible Spaces will be a post-approval condition of the Notice of Approval Conditions, to be secured as part of the Site Plan Agreement, all to the satisfaction of the Chief Planner and Executive Director, City Planning, and the General Manager, Transportation Services; and

3. The Privately-Owned Publicly Accessible Spaces will be fully accessible to the public, not gated from the street, available throughout the year (save and except for repairs or emergencies) and appropriately lit for safety after dark.

b. The owner shall consent, at their own cost, to a third-party peer review by the City of the Environmental Noise and Vibration Feasibility Study by Aeroacoustics Engineering Ltd., dated May 8, 2020, and Air Quality Assessment by RDWI, dated September 13, 2021, and shall implement the outcome of the peer review process to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. The owner shall address recommendations in the Toronto Transit Commission memo, dated August 3, 2022, to the satisfaction of the General Manager, Transportation Services; and

d. The owner shall provide a revised Energy Strategy Report to the satisfaction of the Executive Director, Environment and Climate, and the Chief Planner and Executive Director, City Planning.

The Etobicoke York Community Council held a statutory public meeting on January 19, 2024, and notice was given in accordance with the Planning Act.

The application proposes to amend Zoning By-law 569-2013 for the lands at 2 and 10 East Mall Crescent to permit a mixed-use development consisting of a 33-storey tall building and a nine-storey mid-rise building component, both connected by a four-storey base building. A total gross floor area of 40,550 square metres including 350 square metres of retail at grade, 606 residential units, and a floor space index of 4.3 times the lot area are proposed.

This report reviews and recommends approval of the application to amend the Zoning By-law.

The Etobicoke York Community Council recommends that:

1. City Council amend Zoning By-law 569-2013 for the lands at 3350 Weston Road substantially-in-accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (December 21, 2023) from the Director, Community Planning, Etobicoke York.

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

3. City Council request the Chief Planner and Executive Director, City Planning to secure the following as part of the Notice of Approval Conditions and/or Site Plan Agreement to the satisfaction of Chief Planner and Executive Director, City Planning:

a. Require the applicant to provide an access arrangement to ensure that the vehicular parking spaces, associated access, and drive aisles to serve the church will remain available within the new apartment building to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. Require the applicant to obtain a permit for all City-owned and ravine trees to be injured or removed, to the satisfaction of the Chief Planner and Executive Director, City Planning and General Manager, Parks, Forestry, and Recreation; and

c. After the severance is finalized, require the owner of the church property and the owner of the apartment building property to enter into a Limiting Distance Agreement registered on title to ensure that any future development applications for the church property include appropriate setbacks and tower separation distances to the new apartment building to the satisfaction of the Chief Planner and Executive Director, City Planning.

4. Before introducing the necessary Bill for enactment, City Council require the applicant to:

a. Submit an updated Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. Submit an updated Transportation Impact Study to the satisfaction of the General Manager, Transportation Services;

c. Submit an updated Functional Servicing and Stormwater Management Report addressing groundwater discharge and sanitary capacity assessment for review and acceptance, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services; and

d. Make satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report and Traffic Impact Study accepted by the Chief Engineer and Executive Director of Engineering and Construction Services.

The Etobicoke York Community Council held a statutory public meeting on January 19, 2024, and notice was given in accordance with the Planning Act.

This application proposes to amend city-wide Zoning By-law 569-2013 for the property at 3350 Weston Road. The proposed zoning would permit a 15-storey apartment building (14 storeys, plus one storey containing the mechanical penthouse and amenity space) with a Gross Floor Area (GFA) of 15,268 square metres, and 190 dwelling units. The overall height of the building would be 50.8 metres, with an additional 3.4-metre mechanical rooftop projection. The proposal would include 153 vehicular parking spaces (112 spaces to serve the apartment building and 41 spaces to serve the existing church) located in the lower level and in the core of the apartment building on levels two through five. The existing church and portions of its existing surface parking lot would be retained on a newly-severed parcel, while dedicated off-site parking for the church would be located in the apartment building. The valley land associated with Emery Creek corridor would be rezoned to Open Space-Natural and dedicated to public ownership for long-term feature protection and conservation. An associated Consent application to sever the existing church from the apartment building property and the Open Space-Natural lands is currently in process.

The proposal is a compatible infill development within in the Apartment Neighbourhoods designation with supportable building height, articulation, frontage, and setbacks in relation to the adjacent Weston Road right-of-way and surrounding residential and natural environment. As the proposal includes rezoning significant portions of the property to a restrictive Open Space-Natural designation to be dedicated to public ownership, the proposal will contribute to the long-term maintenance and functioning of the Emery Creek corridor, helping to build a high quality natural heritage and green space system for the residents of the area.

The Etobicoke York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal to oppose the current application regarding the Zoning By-law Amendment appeal for 251-285 The West Mall Road, and to continue discussions with the applicant to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeals, in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the City Solicitor advises that:

a. The form and content of the Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. The owner has addressed all outstanding issues identified within the Engineering and Construction Services correspondence, dated September 21, 2022, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. The owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and such report shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development and/or any upgrades that may be required;

d. The owner has provided a revised Pedestrian Wind Study, such report to be reviewed with recommendations implemented as part of the Zoning By-law and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. The owner has submitted a Noise and Vibration Study, to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. The owner has submitted a revised Transportation Impact Study including all requested revisions to the satisfaction of the General Manager, Transportation Services;

g. The owner has addressed and accommodated the required road widening and turn basin, noted in correspondence, dated December 8, 2023, to the satisfaction of the General Manager of Transportation Services;

h. The owner has provided an on-site parkland dedication in a size, location and configuration with appropriate setbacks that is to the satisfaction of the General Manager, Parks, Forestry and Recreation;

i. The owner has addressed all outstanding issues raised by Urban Forestry noted in correspondence, dated September 22, 2022, including the need for an updated Arborist Report, Landscape Plan, Planting Plan and Soil Volume Plan, to the satisfaction of the General Manager of Parks, Forestry and Recreation;

j. The owner has submitted a revised Illumination Plan, as noted in correspondence, dated September 20, 2023, to the satisfaction of the Manager, Ministry of Transportation and Chief Planner and Executive Director, City Planning;

k. The owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Chief Planner and Executive Director, City Planning;

l. The owner has submitted and updated Energy Strategy Report to the satisfaction of the Executive Director, Environment and Climate; and

m. City Council has approved the Rental Housing Demolition Application (Application No. 22 195513 WET 02 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 and, should City Council authorize the demolition, that the applicant has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act securing the replacement of the existing rental dwelling units, including unit mix, size and rents, tenant assistance to mitigate hardship, and other rental related matters, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

3. Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and/or the Transportation Impact Study, City Council direct the City Solicitor and appropriate City staff to request that a Holding Provision be included in the final form of the site-specific Zoning By-law Amendment and the Holding Provision not to be lifted until such a time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services and General Manager, Transportation Services.

4. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council's decision.

On July 22, 2022, a Zoning By-law Amendment application was received for a proposed residential development including three 13-storey buildings at 251-285 The West Mall Road. The proposal would have a total gross floor area of approximately 47,432 square metres and consist of 610 residential apartment units (including 66 rental replacement units). A Rental Housing Demolition Application was also submitted to demolish the existing 66 rental units.

On August 1, 2023, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal (OLT) citing City Council's failure to make a decision on the application within the time period prescribed under the Planning Act. A Case Management Conference was held on November 9, 2023 (OLT Case No. OLT-23-000792). The Ontario Land Tribunal hearing date has not been scheduled.

This report recommends that Council direct the City Solicitor, together with appropriate City staff, to attend the Ontario Land Tribunal hearing to oppose the proposal in its current form and continue discussions with the applicant to resolve outstanding issues.

The Etobicoke York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Zoning By-law Amendment appeal for 2, 7 and 10 Queen Elizabeth Boulevard, 506, 514, 516, 520 and 522 Royal York Road and 3, 5 and 15 Sinclair Road.

2. City Council authorize the City Solicitor and City staff to continue negotiations with the applicant in an effort to resolve the Ontario Land Tribunal appeal and to report back to City Council on any amendments to the proposal as may be required.

3. In the event that the Ontario Land Tribunal allows the appeal, in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Order(s) be withheld until such time as the City Solicitor advises that:

a. The final form and content of the draft Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

b. The owner has submitted a Functional Servicing Report to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

c. The owner has submitted revised architectural plans that includes the disclaimer as outlined in Section A 2.1 of the memorandum from Engineering and Construction Services, dated February 23, 2023, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

d. The owner has submitted a revised Hydrogeological Assessment Report and Hydrological Review Summary Form to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

e. The owner has made satisfactory arrangements with Engineering and Construction Services and has entered into the appropriate agreements with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the proposed development, according to the accepted Functional Servicing Report and Traffic Impact Study to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

f. The owner has provided space within the development for the installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law, Chapter 681-10, and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

g. The owner has submitted a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning.

h. The submitted Land Use Compatibility/Mitigation Study (Air Quality and Noise), dated December 19, 2022, prepared by RWDI Consultants, has been peer reviewed by a third-party consultant retained by the City at the owner's expense to confirm the proposed Core Employment Areas and General Employment Areas uses are compatible with the proposed residential uses, as required by Site and Area Specific Policy 807, and the owner agrees to implement any necessary air quality, noise or land use compatibility control measures and recommendations identified through the peer review, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Chief Planner and Executive Director, City Planning.

i. The submitted Noise and Vibration Impact Study, dated December 19, 2022, prepared by GHD Consultants, has been peer reviewed by a third-party consultant retained by the City at the owner's expense and the owner agrees to implement the noise and vibration control measures and recommendations identified through the peer review, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Chief Planner and Executive Director, City Planning.

j. The owner has entered into one or more agreements, including a restriction pursuant to Section 118 of the Land Titles Act registered on title to the lands, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning to secure how the affordable housing requirements would be provided in the development.

k. The owner has secured an acceptable Tenant Relocation and Assistance Plan for tenants of the existing rental dwelling units proposed to be demolished, addressing financial compensation and other assistance to lessen hardship, and the Tenant Relocation and Assistance Plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and implemented prior to the issuance of Notice of Approval Conditions for Site Plan Control approval.

l. The owner has provided an undertaking to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the Tenant Relocation and Assistance Plan as required in Condition k. above.

m. The owner has revised the site plan and architectural drawings to provide adequate space for a bus shelter and bus operations located at Royal York Road south of Sinclair Street to replace the existing stop located along the frontage of the site to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the Chief Executive Officer, Toronto Transit Commission.

n. The owner has revised the site plan and architectural drawings to provide an adequate Wheel-Trans drop-off area and provided a Vehicular Maneuvering Diagram to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the Chief Executive Officer, Toronto Transit Commission.

o. The owner has submitted a revised Energy Strategy Report to the satisfaction of the Executive Director, Environment and Climate Division.

p. The owner will construct and maintain the development in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the Site Plan Control application for each building.

q. The owner has submitted a revised Arborist Report and Tree Preservation Plan to the satisfaction of the General Manager, Parks, Forestry and Recreation.

r. The owner has provided an on-site parkland dedication in a size, location and configuration that is to the satisfaction of the General Manager, Parks, Forestry and Recreation.

s. The owner has submitted a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning.

t. The owner has submitted revised site plan and architectural drawings to illustrate the required public sidewalk widths and on-site passenger pick-up and drop-off facilities as outlined in Section A 1.1 of the memorandum from Engineering and Construction Services, dated October 30, 2023, to the satisfaction of the General Manger of Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services.

u. The owner has applied to Transportation Services and obtained City Council's approval on the closure and purchase of the City-owned lands included as part of the development site and entered into and finalized any appropriate agreements with the City to purchase City-owned lands.

v. The owner has revised the site plan and architectural drawings to illustrate the required road widening of 0.4 metres along 514-516 Royal York Road and 3.44 metres along 520-522 Royal York Road to be conveyed through the Site Plan Control review process to the satisfaction of the General Manager, Transportation Services, and the City Solicitor.

 w. The owner has provided an on-site parkland dedication in a size, location and configuration that is to the satisfaction of the General Manager, Parks, Forestry and Recreation.

4. City Council approve a Development Charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation, and the Development Charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time-to-time.

5. City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.

The site is composed of two development parcels, as Queen Elizabeth Boulevard bisects the site, creating a northern (Parcel 1) and southern parcel (Parcel 2). The application proposes to develop Parcel 1 by constructing a 10-storey mid-rise building and two towers with heights of 17 and 35 storeys connected by a nine-storey base building containing 5,000 square metres of non-residential (employment-industrial) gross floor area. A 20-storey mixed-use building containing 1,000 square metres of non-residential gross floor area and 220 residential units is proposed to be developed on Parcel 2. The development would have a total gross floor area of 86,602 square metres with a Floor Space Index of 6.1.

On June 19, 2023, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal due to Council's failure to make a decision within the timeframe prescribed in the Planning Act. A Case Management Conference occurred on October 3, 2023. A second Case Management Conference will occur on February 26, 2024 and a 12-day hearing commencing on August 6, 2024.

This report recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the Ontario Land Tribunal hearing and oppose the application in its current form, and to continue discussions with the applicant to resolve any outstanding issues.

The Etobicoke York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Official Plan Amendment and Zoning By-law Amendment appeal for the lands at 4884-4896 Dundas Street West, and to continue discussions with the applicant to resolve outstanding issues.

2. If the Ontario Land Tribunal allows the appeals, in whole or in part, City Council authorize the City Solicitor to request that the Ontario Land Tribunal withhold the issuance of any final Order(s) until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

a. The final form and content of the Official Plan and Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. The owner has provided a revised Functional Servicing and Stormwater Management Report, to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

c. The owner has addressed all outstanding issues identified in the Engineering and Construction Services’ correspondence, dated December 11, 2023, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

d. The owner has provided a revised Servicing Report Groundwater Summary Form, Hydrogeological Assessment Report, Hydrological Review Summary Form, and Foundation Summary Form to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

e. The owner has provided a revised Transportation Impact Study, to the satisfaction of the General Manager, Transportation Services;

f. The owner has made arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the revised Functional Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services and revised Transportation Impact Study accepted by the General Manager, Transportation Services; and

g. The owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, as they relate to the Official Plan and Zoning By-law Amendments application, to the satisfaction of the General Manager of Parks, Forestry and Recreation.

3. City Council authorize the City Solicitor and other City staff to take any necessary steps to implement City Council’s decision.

On April 28, 2022, a combined Official Plan Amendment and Zoning By-law Amendment application was submitted for a development at 4884-4896 Dundas Street West to permit a 12-storey mixed-use building containing 225 residential units and 1214 square metres of retail space at-grade. The heritage building on the site is proposed to be retained and relocated. A revision was submitted on June 15, 2023 to permit a 29-storey mixed-use building containing 395 residential units and a total of 1322 square metres of at-grade retail space along Dundas Street West. The revision continues to retain the heritage building within the site but proposes to move it entirely out of the public right-of-way.

On June 23, 2023, the applicant appealed the application to the Ontario Land Tribunal citing City Council's failure to make a decision on the application within the time period prescribed under the Planning Act. The site is also the subject of an associated application for Site Plan Control approval, which has not been appealed. A Case Management Conference was held on September 28, 2023 (OLT Case OLT-23-000654). City staff require direction from City Council in advance of the next Case Management Conference scheduled for the week of February 19, 2024. An Ontario Land Tribunal hearing has been scheduled from June 17 to 21, 2024.

This report recommends that Council direct the City Solicitor, together with appropriate City staff, to attend the Case Management Conference and any future Ontario Land Tribunal hearing to oppose the application in its current form and to continue discussions with the applicant to resolve outstanding issues.

The Etobicoke York Community Council recommends that:

1. City Council deny the application for the proposed Clothing Drop Box Location permit at 9 Milvan Drive.                                         

The purpose of this staff report is to report on the refusal to issue a permit by Municipal Licensing and Standards in the matter of an application for Clothing Drop Box Location permit at 9 Milvan Drive.

The Etobicoke York Community Council recommends that:  

1. City Council authorize the closure of the south sidewalk on The Queensway, between Taymall Avenue a point 68 metres further east, from February 29, 2024 to December 31, 2024, inclusive, to accommodate construction staging operations.

2. City Council authorize the closure of the east sidewalk, the northbound curbside vehicle traffic lane, and 1.0 metre wide portion of the northbound left-turn vehicle traffic lane on Taymall Avenue, between The Queensway and a point 50 metres south, and provision of a temporary 2.1 metre-wide pedestrian walkway within the closed portion of the northbound vehicle traffic lanes, from February 29, 2024 to December 31, 2024, inclusive, to accommodate construction staging operations.

3. City Council rescind the existing parking prohibition in effect at all times on the south side of The Queensway, between Taymall Avenue and a point 68 metres east.

4. City Council prohibit stopping at all times on the south side of The Queensway, between Taymall Avenue and a point 68 metres east.

5. City Council rescind the existing parking prohibition in effect at all times on both sides of Taymall Avenue, between The Queensway and a point 79 metres south.

6. City Council prohibit stopping at all times on both sides of Taymall Avenue, between The Queensway and a point 79 metres south.

7. City Council authorize the installation of a temporary traffic control signal on The Queensway, and a point 125 metres east of Taymall Avenue, to be in-operation from February 7, 2024 to December 31, 2024, which the issuance of the construction staging permit must be conditional on the traffic control signal being operational.

8. City Council authorize the following conditions of the construction staging permit, which relate to the temporary traffic control signal:

a. A deposit will be required to be submitted to "The Treasurer, City of Toronto", in advance of the permit being issued. The deposit is required to cover costs incurred by the City, in the event the developer does not provide a service that it must, as stipulated in the permit agreement conditions below. Upon completion of the construction project and return to normal operation, the unused portion of the deposit will be returned to the developer.

b. The developer will be responsible for the installation, maintenance and removal of the traffic control signal by one of the electrical contractors pre-approved by the City's Traffic Systems Construction & Maintenance Unit. Maintenance levels specified by the City's Traffic Systems Construction & Maintenance Unit must be followed, to be in accordance with those followed by the City's Electrical Maintenance Contractor for the maintenance of the City's other traffic control signals.

c. The developer must provide to Transportation Services a 7 day/24 hr contact name, phone number and email address, for the City's dispatchers to forward operational malfunction/complaints to. If the City's dispatcher is not able to reach the contact by phone to provide details of a malfunction/complaint, then the City's Electrical Maintenance Contractor will be dispatched to investigate and complete repairs and the City's dispatcher will send an email to document the malfunction call and their inability to reach the contact. The response and repair costs will be deducted from the deposit provided to the City.

9. City Council direct the applicant to sweep the construction site and adjacent sidewalks and roadways daily, or more frequently as needed to be cleared of any construction debris and made safe.

10. City Council direct the applicant to construct and maintain a fully covered, protected and unobstructed walkway for all pedestrians, including for those with mobility devices, for the entire duration of the construction staging area permit to the satisfaction of the City engineer and ensure it is compliant with the Accessibility for Ontarians with Disabilities Act (AODA).

11. City Council direct the applicant to ensure that the existing sidewalks or the proposed pedestrian walkway have proper enhanced lighting to ensure safety and visibility at all times of the day and night.

12. City Council direct the applicant to clearly consult and communicate all construction, parking and road occupancy impacts with local business improvement areas and resident associations in advance of any physical road modifications.

13. City Council direct the applicant to install appropriate signage and request the applicant to install converging mirrors to ensure that pedestrians, cyclists and motorists safety is considered at all times.

14. City Council direct the applicant to provide a sufficient number of traffic control persons as determined by the Work Zone Coordinator and Toronto Police Construction Liaison Officer, on a daily basis to control construction vehicle access and egress to and from the site and maintain a safe environment for the public.

15. City Council direct the applicant to provide a sufficient number of pay-duty Police Officers as determined by the Work Zone Coordinator and Toronto Police Construction Liaison Officer, during large scale concrete pours and large scale material deliveries to control vehicle access and egress to and from the site and maintain a safe environment for the public.

16. City Council direct the applicant to install cane detection within the covered and protected walkway to guide pedestrians who are visually impaired.

17. 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.

18. 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.

19. City Council direct the applicant to cooperate with and provide all necessary assistance to the City Engineers, staff and representatives carrying out operation, maintenance, and construction activities to municipal infrastructure within the vicinity of the construction staging area, and at no cost to the City to remove any staging to accommodate the necessary municipal infrastructure work.

20. City Council direct that The Queensway and Taymall Avenue be returned to its pre-construction traffic and parking regulations when the project is complete.

As the Toronto Transit Commission operates a transit service on The Queensway, City Council approval of this report is required.

Marlin Spring Developments is constructing a ten-storey residential condominium building with retail use on the ground floor at 801 The Queensway. The site is located on the south east corner of The Queensway and Taymall Avenue.

By way of background, at its meeting on October 16, 2023, Etobicoke Community Council deferred Item EY8.10 - The Queensway - Construction Staging Area. The original proposal was to close the eastbound curbside vehicle traffic lane on the Queensway, between Taymall Avenue a point 68 metres further east to accommodate construction staging operations for the development. However, in consultation with Ward Councillor, the proposed closure was not desirable due to potential negative traffic impacts on The Queensway which is classified as a major arterial road. As a result, the developer revised their Traffic Management Plan to avoid traffic lane closures on The Queensway and has shifted construction operations onto Taymall Avenue, which is classified as local roadway. 

Transportation Services is requesting approval to close the south sidewalk on The Queensway for a period of 10 months, from February 29, 2024 to December 31, 2024, to facilitate construction staging operations. Pedestrian movements on the south side of The Queensway, abutting the site will be restricted and pedestrians will be directed to the north sidewalk on The Queensway. 

Additionally, approval is being requested to close the east sidewalk, the northbound curbside vehicle traffic lane, and a portion of the northbound left-turn vehicle traffic lane on Taymall Avenue for a period of 10 months, from February 29, 2024 to December 31, 2024, to facilitate construction staging operations. Pedestrian movements on the east side of Taymall Avenue, abutting the site will be maintained in a 2.1 metre-wide covered and protected walkway.

The Etobicoke York Community Council recommends that:

1. City Council amend the existing parking prohibition in effect from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., Monday to Friday, except public holidays, on the north side of St. Clair Avenue West, between Scarlett Road and Runnymede Road, to be in effect between Scarlett Road to Florence Crescent and between Jane Street to Runnymede Road.
 

2. City Council prohibit parking at all times on the north side of St. Clair Avenue West between Florence Crescent and a point 80 metres west of Jane Street.
 

3. City Council prohibit stopping at all times on the north side of St. Clair Avenue West between Jane Street and a point 80 metres further west.

I am requesting your support to amend the parking regulation along the North side of St Clair Avenue West between Jane Street west to Florence Crescent. My office has received numerous complaints about the illegal parking of plated and unplated vehicles on the north side of St Clair Avenue West. Many of these vehicles belong to one of the several automotive repair shops and used car lots. I recently met with the owners/operators advising them of the issues and requested that they operate within the City of Toronto's parking bylaws, unfortunately the issues persist.

As the Toronto Transit Commission (TTC) operates a transit service on St. Clair Avenue West, City Council approval of this motion is required.

The North York Community Council recommends that:

1. In accordance with the delegated approval under By-law 229-2000, as amended, City Council be advised that the Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Subdivision for 1350 Sheppard Avenue West as generally illustrated in Attachment 4 to the report (January 10, 2024) from the Director, Community Planning, North York District, subject to:

a. the conditions as generally listed in Attachment 3 to the report (January 10, 2024), from the Director, Community Planning, North York District, which, except as otherwise noted, must be fulfilled prior to final approval and the release of the Plan of Subdivision for registration;

b. resolution of outstanding matters arising from the technical review of the application, as set out in this report (January 10, 2024), from the Director, Community Planning, North York District, to the satisfaction of the City; and

c. any such revisions to the proposed subdivision plan or any such additional or modified conditions as the Chief Planner and Executive Director, City Planning may deem to be appropriate to address matters arising from the on-going technical review of this development.

2. City Council direct Staff to meet with the applicant as soon as possible with a view to resolving any outstanding concerns with respect to the conditions listed in Attachment 3 to the report (January 10, 2024), from the Director, Community Planning, North York District as expeditiously as possible.

The North York Community Council held a statutory public meeting on January 24, 2024, and notice was given in accordance with the Planning Act.

This draft plan of subdivision application proposes to create three residential development blocks, three natural heritage woodlot blocks, two public park blocks, a 22 metre wide new public road extending from Keele Street to Sheppard Avenue at 1350 Sheppard Avenue West, road widening and 0.3 metre wide reserve blocks. There is also a Block 23B which will be retained in the applicant's ownership and subject to a public access easement in favour of the City.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020).  The proposed development also conforms to the City's Official Plan including the Downsview Area Secondary Plan,  the Council endorsed William Baker District Plan for Phase 1, and has regard for the criteria in Section 51(24) of the Planning Act, subject to addressing outstanding matters from the ongoing technical review of the application.

This report advises that the Chief Planner intends to approve the Draft Plan of Subdivision, subject to conditions as set out below, after outstanding matters arising from the technical review of the application, as set out in this report, have been addressed.

The North York Community Council recommends that:

1. City Council amend Zoning By-law 569-2013 for the lands at 3736, 3742, 3748, 3750 Bathurst St and 11-15 Richelieu Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (January 8, 2024) from the Director, Community Planning, North York District, including a hold for the following:

a. The Sanitary Sewer System Upgrades (City Project number 19-32 (Contract 19ECS-LU-12FP), 19-03 (19-03C2 per T.O.INview) (Contract 21ECS-LU-04FP) and 19-06 (19-06D per T.O.INview), all of which are located within Basement Flooding Protection Program Map Area 19, which works are being undertaken by the City of Toronto, Engineering and Construction Services, Design and Construction, Linear Underground Infrastructure, have been designed, constructed and operational to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager of Toronto Water;

b. The owner has provided an acceptable alternative solution to address the outstanding municipal sanitary sewer capacity issues to the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water and such acceptable solution has been implemented by the owner(s) at their sole cost to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

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

3.  City Council approve that in accordance with Section 42 of the Planning Act, prior to the First Above Grade Building Permit, the Owner shall convey to the City an off-site parkland dedication to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor;

4. City Council approve the acceptance of an off-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition;

5. City Council direct that should the cost of acquiring the land for the off-site dedication, including the purchase price, less reasonable real estate commissions of five (5) percent, land transfer tax, and typical closing adjustments incurred, to the satisfaction of the General Manager, Parks, Forestry and Recreation, be less than the value of the parks levy calculated upon the submission of an application for the first above-grade building permit, the difference will be paid as cash in lieu to the City prior to the issuance of the first above-grade building permit for the development; and,

6. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation (PFR). The development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, PFR, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

The North York Community Council held a statutory public meeting on January 24, 2024, and notice was given in accordance with the Planning Act.

This application proposes to amend the Zoning By-law to permit a mixed use development with a 10 storey (34.1 metres) mid-rise building fronting onto Wilson Street and a 32 storey (100.5 metres) residential building connected by a base building that is six storeys in height.

The total gross floor area is approximately 37,540 square metres with 479 residential units and 853 square metres of non-residential / retail uses on the ground floor of the base building. The overall Floor Space Index of 7.24.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020).

This report reviews and recommends approval of the application to amend the Zoning By-law. The proposed development provides for an appropriate off-site parkland dedication and conforms to the relevant policies of the Official Plan. This report recommends a holding provision ("H") be included in the proposed Zoning By-law, to remain in place until such time as the owner has delivered updated servicing reports, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

The North York Community Council recommends that:

1. City Council authorize the City Solicitor and appropriate City staff to attend at the Ontario Land Tribunal hearing in opposition to the proposal in its current form, and to continue discussions with the applicant to address outstanding issues in advance of the hearing, including but not limited to those outlined in the report (January 9, 2024) from the Director, Community Planning, North York District .

2. In the event the Tribunal allows the appeals, in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal withhold its final Order approving the Zoning By-law Amendment until such time as the City Solicitor confirms that:

a. the final form and content of the draft Zoning By-law amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, which amongst other matters must include a holding (H) provision to address municipal servicing;

b. the owner has satisfactorily addressed matters from Engineering and Construction Services as contained in the Engineering and Construction Services Memorandum dated May 16, 2023, or any outstanding issues raised by Engineering and Construction Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has satisfactorily addressed matters from Tree Protection and Plan Review, Urban Forestry Memorandum dated May 15, 2023, or any outstanding issues raised by Urban Forestry, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation.

d. The owner has satisfactorily addressed matters from Engineering and Construction Services Memorandum dated May 16, 2023, or any outstanding issues raised by Engineering and Construction Services, arising from the ongoing technical review (including provisions of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;

e. The owner has made satisfactory arrangements with Engineering and Construction Services and enter into the appropriate financially secured agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report accepted by the Executive Director of Engineering and Construction Services; and

f. The owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10.

3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

4. City Council request the Director, Community Planning, North York District to work with the local Councillor to carry out a community information session on the revised application.

On December 10, 2020, an application to amend the Zoning By-law was submitted to permit the construction of a 12-storey (37.90 metres plus 5 metres mechanical penthouse) residential building containing 158 dwelling units with condominium tenure.  The application was deemed complete on December 15, 2020.

On March 21, 2023, a revised Zoning By-law Amendment application was received.  This application proposes to redevelop the lands with a 29-storey residential building containing 296 dwelling units and an approximate gross floor area of 20,761 square metres or Floor Space Index of 8.2. 

On August 14, 2023, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal due to Council not making a decision within the 90 day time frame specified in the Planning Act (the “Appeals”).  A Case Management Conference was held on November 14, 2023.  The Ontario Land Tribunal has directed the parties to finalize a Procedural Order with Issues List for the second Case Management Conference by February 13, 2024.

This report recommends that City Council instruct the City Solicitor with the appropriate City staff to attend the Ontario Land Tribunal hearing in opposition to the proposal in its current form, but to continue discussions with the applicant to try to resolve the issues in advance of the hearing, and to request that the Ontario Land Tribunal withhold its final Order approving the Zoning By-law Amendment until the outstanding issues have been resolved, and certain other pre-approval conditions have been met.

The North York Community Council forwards the item to City Council without recommendations as the motion to adopt the item as amended lost.

The North York Community Council:

1. Requested City Planning to further negotiate for increased parking provisions for the existing tenants towards the goal that each current tenant that currently has a parking spot would get at least one spot should they return to the building.

The North York Community Council held a statutory public meeting on January 24, 2024, and notice was given in accordance with the Planning Act.

This application proposes to amend City-wide Zoning By-law 569-2013 for the lands at 3 Swift Drive. The applicant proposes to demolish the existing 4-storey residential building at 3 Swift Drive containing 61 rental dwelling units and redevelop the lands with 35-storey (112 metre) and 31-storey (100 metre) towers connected by a 7-storey (27 metre) podium.  The application also proposes a 518.9 square metre on-site public parkland dedication and a 268 square metre privately-owned publicly-accessible space. The proposed development would contain 857 residential units of which 61 units will be rental replacement units, with a total gross floor area of 55,368.5 square metres resulting in a density ("FSI") of 10.67 times the area of the lot.  A Location Map can be found in Attachment 2 to this report.

The proposal also includes a Tenant Relocation and Assistance Plan that addresses the right of existing eligible tenants to return to a replacement rental dwelling unit at similar rents and financial compensation to lessen hardship.  The proposed replacement rental dwelling units will be secured at affordable, mid-range (affordable), and mid-range (moderate) rents.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020).  The proposed development conforms to the City of Toronto Official Plan.  This report reviews and recommends approval of the application to amend the Zoning By-law and the Rental Housing Demolition application at 3 Swift Drive. The proposed development represents an appropriate level of intensification on the site and provides for amenity improvements for existing residents and the surrounding community.

The Director, Community Planning North York District recommends that:

1. City Council amend the Official Plan, for the lands at 202 Sheppard Avenue West substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (January 8, 2024) from the Director, Community Planning, North York District.

2. City Council amend Zoning By-law 569-2013 for the lands at 202 Sheppard Avenue West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (January 8, 2024) from the Director, Community Planning, North York District.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required.

The North York Community Council held a statutory public meeting on January 24, 2024, and notice was given in accordance with the Planning Act.

This application proposes to permit a 6-storey mixed-use building containing medical offices and residential uses at a maximum building height of 19.6 metres at 202 Sheppard Avenue West.  Seven surface parking spaces are proposed at the rear of the building directly accessed from Sheppard Avenue West.  The total gross floor area is 1,350 square metres (FSI 2.86 times the lot area).

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). 

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law.

The North York Community Council recommends that:

1. City Council approve Susan Scandiffio as the 2024 Agnes Macphail Award recipient.

The Agnes Macphail Award was established by the Borough of East York to annually recognize an outstanding volunteer who upheld the values and causes of Agnes Macphail and who lives within the boundaries of the former borough.

The Agnes Macphail Recognition Committee met, as established in the Toronto City Council approved selection process, on January 18, 2024 to review the nominations received and to select this year's award recipient. The Committee unanimously selected Susan Scandiffio as their 2024 Agnes Macphail Award recipient.

The Scarborough Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 2683 Lawrence Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the revised report (December 21, 2023) from the Director, Community Planning, Scarborough District.

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

3. City Council direct that before introducing the necessary Bills to City Council for enactment, require the applicant to undertake the following:

a. Submit to the Chief Engineer and Executive Director of Engineering & Construction Services for review and acceptance a revised Functional Servicing Report that a Site Servicing Review to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and demonstrate how this site can be serviced and whether the existing municipal infrastructure is adequate; and

b. Enter into a financially secured Development Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Site Servicing Review and Traffic Impact Study accepted by the Chief Engineer and Executive Director of Engineering & Construction Services.

The Scarborough Community Council held a statutory public meeting on January 19, 2024, and notice was given in accordance with the Planning Act.

The Zoning By-law Amendment application proposes the demolition of the existing multi-tenanted retail commercial plaza and the construction of a new L- shaped,11-storey, mixed use building on the subject lands.

The proposed development would be comprised of 206 residential dwelling units and 589 square metres of retail/commercial space on the ground floor. A total of 19,168 square metres of new gross floor area is proposed representing a floor space index of approximately 2.66 times the area of the site. It would be supported by a total of 249 vehicular parking spaces (219 resident spaces and 30 commercial spaces) as well as 208 bicycle parking spaces. The proposal features a multi-use linear landscaped mid- block connection from Lawrence Avenue East to the Hydro Corridor in the south, (known as 'The Meadoway' lands).  

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). The proposal represents more efficient use of the lands while contributing to the range and mix of residential types in the area through intensification in a compact built form. The intensification of the site with the proposed mixed use building is appropriate given that it addresses the relevant development criteria for Mixed Use Areas, adequately addresses Avenues policies as well as other relevant policy directions. The redevelopment appropriately intensifies an underutilized site, fits with the existing and planned context, and provides enhancements to the public realm.

This report reviews and recommends approval of the application to amend the Zoning By-law.

The Scarborough Community Council recommends that:

1. City Council amend the former City of Scarborough Employment Districts Zoning By-law No. 24982 for the lands at 2031 Kennedy Road substantially in accordance with the draft Zoning By-law Amendment included as Attachment 5 to the report (December 21, 2023) from the Director, Community Planning, Scarborough District.

2. City Council amend the City of Toronto Zoning By-law 569-2013 for the lands at 2301 Kennedy Road substantially in accordance with the draft Zoning By-law Amendment included as Attachment 6 to the report (December 21, 2023) from the Director, Community Planning, Scarborough District.

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

The Scarborough Community Council held a statutory public meeting on January 19, 2024, and notice was given in accordance with the Planning Act.

This application proposes to amend the former City of Scarborough South Agincourt Employment Districts Zoning By-law 24982 to permit additional commercial uses while maintaining the current parking ratio at 2031 Kennedy Road. The application seeks to expand the permitted uses within the existing at grade commercial spaces to include restaurant, take-out restaurant, personal service shop, convenience store, medical/dental office and office uses.

The proposal is consistent with the Provincial Policy Statement (2020) and conforms with the Growth Plan (2020), while advancing Official Plan direction for Mixed Use Areas to encourage a broad range of commercial uses. The proposal incorporates additional commercial uses permitted under city-wide Zoning By-law 569-2013 into the site specific zoning by-law that regulates the subject lands.

This report reviews and recommends approval of the application to amend the former City of Scarborough Employment Districts Zoning By-law 24982, as amended, and to incorporate the site into the city-wide Zoning By-law 569-2013.

The Scarborough Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 5855, 5865, 5875, 5945, 5951, and 5955 Steeles Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the revised report (December 29, 2023) from the Director, Community Planning, Scarborough District.

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

The Scarborough Community Council held a statutory public meeting on January 19, 2024, and notice was given in accordance with the Planning Act.

This application proposes to amend Zoning By-law 569-2013, to permit the construction of a one-storey warehouse with a total gross floor area of approximately 35,752 square metres.

The proposed development contains 268 surface parking spaces and would benefit from three vehicular driveway entrances. An enhanced landscaped area will be created on the northwest corner of the subject property, and two designated heritage buildings will be fully restored for adaptive re­use with retail or office uses. As part of this application, an extension of State Crown Boulevard will be required to be constructed to connect Steeles Avenue East and Select Avenue on the west frontage of the subject property.

The proposed development will contribute to employment intensification on an underutilized site and will generate approximately 300 jobs on lands that are identified Employment Areas by the Official Plan.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Growth: Growth Place for the Greater Golden Horseshoe (2020) and with the City of Toronto Official Plan.

This report reviews and recommends approval of the application to amend the Zoning By-law into which it is recommended that a Holding provision (H) be included. This Holding provision to remain in place and restrict development of the site until such time as the owner, at its sole cost and expense, has provided an appropriate servicing solution (including the potential relocation of the servicing easement that bisects the site) and implements the necessary transportation improvements, including the extension of State Crown Boulevard.

The Scarborough Community Council forwards the Item to City Council without recommendations.

The Scarborough Community Council held a statutory public meeting on January 19, 2024, and notice was given in accordance with the City of Toronto Act.

The application proposes to demolish three three-storey apartment buildings containing 68 rental units located at 54 to 62 Glen Everest Road. The 68 rental units are proposed to be replaced as part of the new 12-storey building comprised of 414 dwelling units.

The properties are also the subject of a Zoning By-law Amendment application (21 134156 ESC 20 OZ), which was appealed to the Ontario Land Tribunal. The Ontario Land Tribunal issued a written decision on August 11, 2023, approving the Zoning By-law Amendment in principle, with the final order being withheld until all outstanding matters, including the necessary agreements with the City, are secured, including the rental housing matters.

This report recommends approval of the Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code and the Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code, subject to conditions to replace the rental housing and provide Tenant Relocation and Assistance.

The Scarborough Community Council recommends that:

1. City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to amend the Section 37 Agreement, dated December 7, 2015, between the owner and the City registered on title for the lands formerly known as 743 Warden Avenue (AT4254031), to adjust the construction phasing provisions to allow for concurrent construction of final phases on terms further set out in an amending agreement.

2. City Council authorize City officials to take such action as is necessary to implement the recommendations above, including execution of necessary agreement(s).

This report reviews a request from the owner of the subject lands to adjust terms of construction phasing secured as a legal convenience in a Section 37 agreement to facilitate timely construction of a previously approved residential development. The community benefits secured through the Section 37 Agreement are not subject to the proposed amendment.

A related application was received to lift the Holding symbol (H) for 743 Warden Avenue, specifically Blocks 6-8 on Registered Plan of Subdivision 66M-2549 that are subject to site specific Zoning By-law 528-2016 (OMB). Once satisfactory material has been submitted and the Hold is lifted, an accompanying amendment to the associated Section 37 Agreement is required.

This report recommends that City Council accept this request and authorize the City Solicitor, in consultation with the Chief Planner to amend the Section 37 Agreement registered on title for the lands formerly known as 743 Warden Avenue .

The Scarborough Community Council recommends that:

1. City Council authorize the installation of traffic control signals at Tapscott Road and Passmore Avenue.

2. Subject to approval of Recommendation 1 above, City Council authorize the removal of the existing all-way compulsory stop control at the intersection of Tapscott Road and Passmore Avenue in conjunction with the installation of traffic control signals at Tapscott Road and Passmore Avenue.

As the Toronto Transit Commission (TTC) operates a transit service on Tapscott Road and Passmore Avenue, City Council approval of this report is required.

Transportation Services is requesting approval to install traffic control signals at the intersection of Tapscott Road and Passmore Avenue.  The traffic control signals will replace the existing all-way stop control and provide enhanced safety for all road users and are justified based on the assessment undertaken.

The Scarborough Community Council recommends that:

1. City Council require before introducing the necessary Bills to City Council for enactment, the owner to complete the City’s peer review process of the submitted Soil Gas Assessment Methane Monitoring Program Report prepared by Fisher Environmental Ltd. (dated: November 2, 2022) to the satisfaction of the General Manager, Solid Waste Management Services.

The Scarborough Community Council held a statutory public meeting that began on November 16, 2023 and continued on January 19, 2024, and notice was given in accordance with the Planning Act.

City Council on December 13, 14 and 15, 2023, referred the following to the Scarborough Community Council for further consideration:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 150 Clonmore Drive substantially in accordance with the draft Zoning By-law Amendment included as Attachment 5 to this report.

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

3. Before introducing the necessary Bills to City Council for enactment, require the owner to submit a Functional Servicing and Stormwater Management Report for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan for the lands at 7 Laxton Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment 6 to the report (January 8, 2024) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 7 Laxton Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (January 8, 2024) from the Director, Community Planning, Toronto and East York District.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and/or Zoning By-law Amendment as may be required.

The Toronto and East York Community Council held a statutory public meeting on January 24, 2024 and notice was given in accordance with the Planning Act.

This application proposes to amend the Official Plan and Zoning By-law to allow for the  construction of a new 6 storey residential building at 7 Laxton Avenue with 19 rental dwelling units.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020).

This report reviews and recommends approval of the applications to amend the Official Plan and Zoning By-law. The residential building is an appropriate scale for the site, will provide appropriate transition down to the lower scaled Neighbourhood areas to the east, and will provide a new supply of rental housing units for the area.

The Toronto and East York Community Council recommends that:

1. City Council amend By-law 227-2020 to extend Part Lot Control Exemption for the lands municipally known as 440, 444, 450 and 462 Front Street West, 425, 439, 441 and 443 Wellington Street West, 6-18 Spadina Avenue and 1 and 19 Draper Street for an additional four year period from the date of the enactment of the By-law, in accordance with the draft By-law in Attachment 3 to the report (January 8, 2024) from the Director, Community Planning, Toronto and East York District.

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

3. City Council authorize and direct appropriate City Officials to register the By-law on title to the lands.

4. City Council require the owner to provide proof of payment of all current property taxes for the subject lands to the satisfaction of the City Solicitor, prior to enactment of the Part Lot Control Exemption By-law.

In 2019, an application was submitted to permit an exemption from Part Lot Control for the lands known as 440, 444, 450 and 462 Front Street West, 425, 439, 441 and 443 Wellington Street West, 6-18 Spadina Avenue and 1 and 19 Draper Street, now known as The Well to facilitate the implementation of the approved development. The development includes seven mixed-use buildings with residential, office and retail uses, as well as public parkland and Privately-Owned Publicly Accessible Spaces (POPS).

On February 26, 2020, City Council enacted By-law No. 227-2020 exempting these lands from the Part Lot Control provisions of the Planning Act for a period of 4 years. This report recommends that exemption from Part Lot Control be extended for an additional 4 years to allow for the completion of the project and associated transactions.

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan, for the lands at 914 Bathurst Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (January 8, 2024) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 914 Bathurst Street in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (January 8, 2024) from the Director, Community Planning, Toronto and East York District.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law as may be required.

4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required.

5. City Council request the Chief Planner and Executive Director, City Planning to secure the following through the site plan approval process:

a. an outdoor, publicly accessible source of drinking water;

b. low-carbon energy strategy as part of the site plan agreement that includes at least the following sustainability measures:

i. a highly energy-efficient building envelope;
ii. low carbon building heating and cooling, including heat pumps and Energy Recovery Units that provide sensible and latent heat recovery from ventilation in each suite;
iii. ample bicycle parking and electrical outlets for bicycle charging in the interior bicycle parking area;
iv. installation of 10 additional Electric Vehicle charging spaces;
v. fixtures and appliances that are highly efficient in their use of water and energy;
vi. electric-only appliances or fireplaces in the residential units;
vii. motion sensor-controlled LED lighting in common areas; and
viii. accommodation for future solar photovoltaic system;

c. improved Stormwater Management Measures;

d. installation of outdoor (dark sky) downward lighting;

e. provision of indoor space to segregate household hazardous waste and organic waste;

f. rainwater capture, used for site irrigation;

g. diversion of at least 60 percent of total construction waste from landfill;

h. installation of first 16.0 metre height of exterior glazing as bird friendly;

i. replacement of all trees on Bathurst Street to the maximum compatible with Toronto Transit Commission operations; and

j. to make every effort to achieve the requirements of Toronto Green Standards Version 4 Tier 2 or higher.

6. City Council request the General Manager, Transportation Services to review and report back on the feasibility of amending Schedule B of the City of Toronto Municipal Code Chapter 925, Permit Parking, to exclude the development located at 914 Bathurst Street from Permit Parking.

7. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore an in-kind community benefit package pursuant to 37(6) of the Planning Act and to report back to City Council for further instruction on any offer of in-kind community benefits made by the applicant.

8. City Council request that the owner make reasonable commercial efforts to convey off-site parkland to the City equal to the value of the on-site parkland dedication, in fulfilment of the parkland dedication requirements pursuant to Section 42 of the Planning Act, with the off-site parkland dedication to be acceptable to the General Manager, Parks, Forestry and Recreation and free and clear of any above or below grade encumbrances, with the exception of any encumbrances as may be otherwise approved by the General Manager, Parks, Forestry and Recreation, to be conveyed prior to the issuance of the first above grade building permit; and
 

a. in the event that the off-site parkland dedication is less than the value of the on-site parkland dedication, then the owner will pay cash-in-lieu of parkland to make up for the shortfall in parkland dedication, prior to the issuance of the first above grade building permit;
 

b. in the event that the owner is unable to provide an acceptable off-site parkland dedication to the City, the owner will be required to satisfy the parkland dedication requirement through the payment of cash-in-lieu; and

c. the value of the cash-in-lieu of parkland dedication will be appraised through Real Estate Services and payment will be required prior to the issuance of the first above grade building permit.

The Toronto and East York Community Council held a statutory public meeting on January 24, 2024 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law to permit a 12-storey mixed-use building with 155 dwelling units and a minimum of 30 square metres of commercial space on the ground floor.

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan, for the lands at 33 Davisville Avenue and 60 Balliol Avenue, substantially in accordance with the draft Official Plan Amendment included as Attachment 6 to the revised report (January 17, 2024) from the Director, Community Planning, Toronto and East York District.  

2. City Council amend Zoning By-law 569-2013, for the lands at 33 Davisville Avenue and 60 Balliol Avenue, substantially in accordance with the draft Zoning By-law Amendment included as Attachment 7 to the revised report (January 17, 2024) from the Director, Community Planning, Toronto and East York District.

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

4. City Council approve that, in accordance with Section 42 of the Planning Act, prior to the earliest of 12 months following the issuance of the first above grade building permit, residential occupancy and condominium registration, the owner shall convey to the City a parkland dedication, having a minimum size of 458 square metres located towards the southeastern limit of the subject site, which includes a 147.9 square metre off-site dedication from the site at 141 Davisville Avenue (Application 22 165979 STE 12 OZ), to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

5. City Council approve the acceptance of an on-site parkland dedication referred to in Recommendation 4 above, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

6. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

7. Prior to Site Plan Approval for the development, City Council require the owner to develop a Construction Mitigation and Tenant Communication Plan, including an interim parking plan to mitigate the impacts of construction of the development on tenants of the existing rental building, all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor.

8. City Council request the Chief Planner and Executive Director, City Planning to secure through the Site Plan Control process for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006, the owner's obligation to:

a. continue to provide and maintain the existing 266 rental dwelling units at 33 Davisville Avenue as rental housing for a period of at least 20 years commencing from the date the Zoning By-law Amendment comes into force and effect, with no application for demolition or conversion from residential rental use during the 20-year period, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. undertake improvements to the existing rental building, at its sole expense and at no cost to tenants, at 33 Davisville Avenue, as follows:

i. a new pet relief area;

ii. upgrades to the residential rental building laundry room, including accessibility improvements, access to a washroom with accessibility improvements, recreational improvements including new furnishing for seating, television(s), and internet access;

iii. accessibility improvements within the existing residential rental building, including seven (7) automatic door openers to be provided in P1/P2 and an accessible height clothes folding table within the laundry room;

iv. long-term bike parking located within the parking garage and a bike repair station;

v. relocation of the existing waste facilities and site waste staging areas within the proposed new building;

vi. new electrical vehicle chargers; and

vii. the owner has also agreed to not apply for Above-Guideline Rent Increase for all capital improvement work at the existing rental apartment that has taken place between May 2020-December 2023; this work includes common area upgrades, structural improvements and window and door replacement and other improvements during this time period; and

c. provide tenants of 33 Davisville Avenue with access to new facilities in the new proposed building at its sole expense and at no cost to tenants, at 33 Davisville Avenue, as follows:

i. access to the new grade-related outdoor amenities and at least 81 square meters of amenity space indoors located at-grade in the proposed new building for shared use of tenants of the existing rental apartment building and residents of the newly constructed building.

9. Before introducing the necessary Bills to City Council for enactment, City Council require that the owner:

a. shall submit a Traffic Impact Study for review and acceptance to the satisfaction of the General Manager, Transportation Services;

b. submit a Functional Servicing Report for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

c. enter into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the transportation report accepted by the General Manager, Transportation Services and the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

The Toronto and East York Community Council held a statutory public meeting on January 24, 2024 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of the application to amend the Official Plan to redesignate the southern portion of the site (Balliol Parkette) from Parks to Apartment Neighbourhoods and allow the proposed residential use. The Balliol Parkette is privately owned.

This report also reviews and recommends approval of the application to amend Zoning By-law 569-2013 to permit a 131.9 metre (41-storeys excluding mechanical penthouse) residential building at 60 Balliol Street. The proposed infill building would have a total gross floor area of 31,000 square metres and contain 540 dwelling units.

The proposal would maintain the existing building with 266 dwelling units at 33 Davisville Avenue as rental housing for 20 years, provide on-site building improvements and access to new residential amenities for existing tenants.

The proposal also includes a new 458-square metre public park fronting onto Balliol Street, and provides a pedestrian connection from Balliol Street to Davisville Avenue.

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 569-2013, for the lands at 111 and 141 Davisville Avenue, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the revised report (January 17, 2024) from the Director, Community Planning, Toronto and East York District.

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

3. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

a. submit a revised Functional Servicing and Stormwater Management Report for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

 b. enter into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the transportation report accepted by the General Manager, Transportation Services and the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

4. City Council request the Chief Planner and Executive Director, City Planning to secure through the Site Plan Control process for the proposed development, pursuant to Section 114 of the City of Toronto Act, 2006, the owner's obligation to:

a. continue to provide and maintain the existing 313 rental dwelling units at 141 Davisville Avenue as rental housing for a period of at least 20 years commencing from the date the Zoning By-law Amendment comes into force and effect, with no application for demolition or conversion from residential rental use during the 20-year period, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. undertake improvements to the existing rental building, at its sole expense and at no cost to tenants, at 141 Davisville Avenue, as follows:

i. outdoor dog relief area located on the south side of the property;

ii. outdoor children’s play area located on the south side of the property;

iii. four automatic doors in common areas on ground floor and underground garage;

iv. upgrades to the laundry room, including accessibility improvements, new seating, television, and internet access; and

v. all capital improvement work at the existing rental building that has taken place between April 2022 to January 2024, including:

A. suite improvements including new cabinets, countertops and flooring;

B. common area renovations including hallway coatings, painting, garage door service, common area door and window repairs and electrical upgrades; and

C. energy efficient window and door replacement in units; and

c. access to new at-grade outdoor amenities and ground floor indoor amenities in the proposed new building for tenants of the existing rental apartment building;

5. City Council approve an off-site parkland dedication of 147.9 square metres, satisfying a portion of the owner's required parkland contribution pursuant to Section 42 of the Planning Act, with the location and configuration of the off-site parkland to be to the satisfaction of the General Manager, Parks, Forestry and Recreation; prior to the issuance of the first above-grade building permit for any development on the lands, the owner shall have either conveyed to the City the off-site parkland dedication or provided to the City a Letter of Credit, in the City's standard form and in an amount satisfactory to the General Manager, Parks, Forestry and Recreation, which will be increased in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, as reported quarterly by Statistics Canada Table 18-10-0135-01 (formerly CANSIM 327-0058), or its successor, two years from the date of issuance of the first above-grade building permit for the proposed development and increased on each succeeding anniversary date by the amount of the Construction Price Index for the previous year, all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

6. City Council approve the acceptance of the off-site parkland dedication referred to in Recommendation 5 above, subject to the owner transferring such parkland to the City free and clear of all easements, encumbrances and encroachments, both above- and below-grade and in an acceptable environmental condition; the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor, and such an encumbrance shall be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

7. City Council direct that any remaining parkland dedication requirement shall be satisfied through a cash-in-lieu payment pursuant to Section 42 of the Planning Act and will be appraised through Corporate Real Estate Management, prior to the issuance of the first above grade building permit to the satisfaction of the General Manager, Parks, Forestry and Recreation.

8. Prior to Site Plan Approval for the development, City Council require the owner to develop a Construction Mitigation and Tenant Communication Plan, including an interim parking plan, to mitigate the impacts of construction of the development on tenants of the existing rental building, all to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor.

The Toronto and East York Community Council held a statutory public meeting on January 24, 2024 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of the application to amend Zoning By-law 569-2013 to permit a 109.1-metre (33-storeys excluding mechanical penthouse) residential building at 111 and 141 Davisville Avenue. The proposed building would have a total residential gross floor area of 24,369 square metres. The proposal would maintain the existing 20-storey building with 313 dwelling units at 141 Davisville Avenue. The proposal also includes a new 3-metre mid-block connection and a private landscaped open space.

The Toronto and East York Community Council recommends that:

1. City Council approve the Rental Housing Demolition Application File 20 205135 STE 12 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006, to allow the demolition of twenty (20) existing rental dwelling units located at 147-153 Vaughan Road, subject to the following conditions:

a. the owner shall provide and maintain twenty (20) replacement rental dwelling units on the subject site for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied; during such 20-year period, no application may be submitted to the City for condominium registration, or for any other conversion to a non-rental housing purpose, or for demolition without replacement; and the replacement rental dwelling units shall collectively have a total gross floor area of at least 1,223.9 square metres and be comprised of four (4) studio units, ten (10) one-bedroom units, and six (6) two-bedroom units, as generally illustrated in the plans submitted to the City Planning Division dated August 31, 2023 and any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner shall, as part of the twenty (20) replacement rental units required in Recommendation 1.a. above, provide at least six (6) one-bedroom units and two (2) two-bedroom replacement rental dwelling units at affordable rents, defined as gross monthly rent no greater than one times the average City of Toronto rent by unit type, as reported annually by the Canada Mortgage and Housing Corporation, and four (4) studio, four (4) one-bedroom and one (1) two-bedroom replacement rental dwelling units at mid-range rents, defined as gross monthly rent that exceeds Affordable Rent but is no greater than 1.5 times the average City of Toronto rent by unit type, as reported annually by the Canada Mortgage and Housing Corporation, all for a period of at least ten (10) years beginning from the date of first occupancy of each unit;

c. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the twenty (20) existing rental dwelling units proposed to be demolished, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents and other assistance, including a rent gap payment, to lessen hardship; the Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning;

d. the owner shall provide tenants of all twenty (20) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed 12-storey residential building at no extra charge; access to, and use of, these amenities shall be on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings;

e. the owner shall provide ensuite laundry and central air conditioning in each replacement rental dwelling unit at no extra charge;

f. the owner shall provide tenants of all replacement rental dwelling units with access to bicycle and visitor parking on the same terms and conditions as any other resident of the proposed building;

g. the rental dwelling units required in as part of Recommendation 1.a. above shall be made ready and available for occupancy no later than the date by which seventy percent of the new dwelling units in the proposed 12-storey mixed use building, exclusive of the replacement rental units, are made available and ready for occupancy; and

h. the owner shall enter into, and register on title to the lands at 147-153 Vaughan Road, an agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure the conditions outlined in Recommendations 1.a. through 1.g. above all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

2. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval for the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006. for the demolition of the twenty (20) existing rental dwelling units at 147-153 Vaughan Road after all of the following have occurred:

a. all conditions in Recommendation 1 above have been fully satisfied or secured;

b. the Minor Variance Application (A0928/23TEY) for 147-153 Vaughan Road is final and binding;

c. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning, or their designate, pursuant to Section 114 of the City of Toronto Act, 2006;

d. the issuance of excavation and shoring permits (conditional or full permit) for the approved development on the site; and

e. the City's receipt of confirmation that all existing rental dwelling units to be demolished are vacant.

3. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 2 above.

4. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 147-153 Vaughan Road after the Chief Planner and Executive Director, City Planning has issued the Preliminary Approval referred to in Recommendation 2 above, which may be included in the demolition permit under Chapter 667 pursuant to section 6.2 of Chapter 363, of the Toronto Municipal Code, on condition that:

a. the owner shall remove all debris and rubble from the site immediately after demolition;

b. the owner shall erect solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. the owner erects the proposed mixed-use building containing the replacement rental dwelling units on the site no later than three (3) years from the date that the demolition of the existing buildings is commenced, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and

d. should the owner fail to complete the proposed 12-storey building within the time specified in Recommendation 4.c. above, the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each rental dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

5. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council’s decision, including execution of the Section 111 Agreement and any related agreements.

The Toronto and East York Community Council held a statutory public meeting on January 24, 2024 and notice was given in accordance with the Planning Act.

This Rental Housing Demolition application proposes to demolish 20 rental dwelling units at 147-153 Vaughan Road and replace them with 20 new rental units by the respective unit types and sizes and at similar rents to those in effect at the time of application and an acceptable Tenant Relocation and Assistance Plan, within a new 12-storey 80-unit residential building.

A Minor Variance application (A0928/23TEY) to facilitate the proposed redevelopment was approved by the Committee of Adjustment on December 6, 2023, and included a condition of City Council approval of the Rental Housing Demolition application.

This report recommends approval of the Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code and the residential demolition permit under Chapter 363 of the Toronto Municipal Code.

The Toronto and East York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 83-89 Queen Street East and 119-127 Church Street substantially in accordance with the draft Zoning By-law Amendment included as Attachment 5 to the report (January 8, 2024) from the Director, Community Planning, Toronto and East York District.

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

3. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

a. submit a Functional Servicing Report, Hydrogeological Report, Hydrogeological Review Summary Form, and the Foundation Drainage Summary Form and Technical Brief for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

b. should it be determined that improvements to private infrastructure are required and acceptable to service the development, provide confirmation that the necessary agreements have been entered into, to satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

c. should it be determined that upgrades to municipal infrastructure and road improvements are required to support the development according to the Transportation Impact Study, accepted by the General Manager, Transportation Services and the Functional Servicing Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, enter into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to municipal infrastructure, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. enter into a Heritage Easement Agreement with the City for the properties at 119 and 127 (121-123) Church Street and 89 Queen Street East substantially in accordance with the plans and drawings dated November 10, 2023, prepared by Arcadis and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by GBCA Architects, dated November 10, 2023, subject to and in accordance with the Conservation Plan required in Recommendation 3.e. below, to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor; and

e. provide a detailed Conservation Plan that includes an appropriate strategy for all ground level storefronts and a Reconstruction Strategy for the building at 119 Church Street, to be prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for the properties at 127 (121-123) Church Street and 89 Queen Street East prepared by GBCA Architects, dated November 10, 2023, to the satisfaction of the Senior Manager, Heritage Planning.

4. City Council approve the Rental Housing Demolition Application File 22 232694 STE 13 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of seventeen (17) existing rental dwelling units at 83-89 Queen Street East and 119-127 Church Street, subject to the following conditions:
 

a. the owner shall provide and maintain seventeen (17) replacement rental dwelling units at 83-89 Queen Street East and 119-127 Church Street for a period of at least 20 years beginning from the date that each replacement rental unit is first occupied and during which time, no application may be submitted to the City for condominium registration, or for any other conversion to a non-rental housing purpose, or for demolition without providing for replacement; the seventeen (17) replacement rental dwelling units shall collectively have a total gross floor area of at least 1,040 square metres and shall be comprised of eight (8) one-bedroom units, eight (8) two-bedroom units and one (1) three-bedroom unit, as generally illustrated in the plans submitted to the City Planning Division dated November 10, 2023; and any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner shall, as part of the seventeen (17) replacement rental dwelling units required in Recommendation 4.a. above, provide and maintain at least four (4) one-bedroom, two (2) two-bedroom and one (1) three-bedroom replacement rental dwelling units at affordable rents, one (1) two-bedroom replacement rental dwelling unit at mid-range (affordable) rents, and four (4) one-bedroom, and four (4) two-bedroom replacement rental dwelling units at mid-range (moderate) rents as currently defined in the City's Official Plan, all for a period of at least 10 years beginning from the date of first occupancy of each unit; the rent of the remaining one (1) replacement rental dwelling unit shall be unrestricted;

c. the owner shall provide an acceptable Tenant Relocation and Assistance Plan to all Eligible Tenants of the seventeen (17) existing rental dwelling units proposed to be demolished at 83-89 Queen Street East and 119-127 Church Street, addressing the right to return to occupy one of the replacement rental dwelling units at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship; the Tenant Relocation and Assistance Plan shall be developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning;

d. the owner shall provide tenants of seventeen (17) replacement rental dwelling units with access to, and use of, all indoor and outdoor amenities in the proposed building at no extra charge; access to, and use of, these amenities shall be on the same terms and conditions as any other resident of the building without the need to pre-book or pay a fee, unless specifically required as a customary practice for private bookings;

e. the owner shall provide ensuite laundry in each replacement rental dwelling unit at no extra charge;

f. the owner shall provide central air conditioning in each replacement rental dwelling unit at no extra charge;

g. the owner shall provide tenants of all replacement rental dwelling units with access to bicycle and visitor vehicular parking on the same terms and conditions as any other resident of the proposed building;

h. the seventeen (17) replacement rental dwelling units required in Recommendation 4.a. above shall be made ready and available for occupancy no later than the date by which seventy percent of the new dwelling units in the proposed development, exclusive of the replacement rental dwelling units, are made available and ready for occupancy, subject to any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning; and

i. the owner shall enter into, and register on title to the lands at 83-89 Queen Street East and 119-127 Church Street an agreement pursuant to Section 111 of the City of Toronto Act, 2006 to secure the conditions outlined in Recommendations 4.a. through 4.h. above, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning.

 
5. City Council authorize the Chief Planner and Executive Director, City Planning to issue Preliminary Approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, for the demolition of the seventeen (17) existing rental dwelling units at 83-89 Queen Street East and 119-127 Church Street after all the following have occurred:
 

a. all conditions in Recommendation 4 above have been fully satisfied and secured;

 
b. the Zoning By-law Amendment has come into full force and effect;

c. the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or their designate pursuant to Section 114 of the City of Toronto Act, 2006;

 
d. the issuance of excavation and shoring permits (conditional or full permits) for the approved development on the site; and

 
e. the owner has confirmed, in writing, that all existing rental dwelling units proposed to be demolished are vacant.

6. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 5 above.
 

7. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act and Chapter 363 of the Toronto Municipal Code for 83-89 Queen Street East and 119-127 Church Street after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 5 above, which may be included in the Rental Housing Demolition Permit under Chapter 667 pursuant to section 6.2 of Chapter 363, on condition that:
 

a. the owner removes all debris and rubble from the site immediately after demolition;

 
b. the owner erects solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

 
c. the owner erects the proposed building on the site no later than four (4) years from the date that the demolition of the existing rental dwelling units commences, subject to the timeframe being extended to the discretion of the Chief Planner and Executive Director, City Planning; and

 
d. should the owner fail to complete the proposed building within the time specified in Recommendation 7.c. above, the City Clerk shall be entitled to enter on the collector’s roll, as with municipal property taxes, an amount equal to the sum of twenty thousand dollars ($20,000.00) per dwelling unit for which a demolition permit is issued, and that such amount shall, until payment, be a lien or charge upon the land for which the Residential Demolition Permit is issued.

8. City Council authorize the appropriate City officials to take such actions as are necessary, including execution of the Section 111 Agreements and any other related agreements. 

The Toronto and East York Community Council held a statutory public meeting on January 24, 2024 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of the Zoning By-law Amendment and Rental Housing Demolition applications to permit the demolition of the existing 2- to 4-storey buildings containing 17 rental dwelling units and permit a 59-storey (194 metres including mechanical penthouse) mixed use building, containing 690 dwelling units, including the 17 replacement rental units, at 83-89 Queen Street East and 119-127 Church Street.

The proposal also includes a Tenant Relocation and Assistance Plan that addresses the right for existing tenants to return to replacement rental dwelling units at similar rent and financial compensation to lessen hardship.

City Council stated its intention to designate the properties at 119 Church Street, 127 Church Street, and 89 Queen Street East under Part IV of the Ontario Heritage Act on December 20, 2023. The front façades of the heritage buildings at 89 Queen Street East and 127 Church Street are proposed to be retained in situ and the front façade of the heritage building at 119 Church Street is proposed to be panelized and reassembled.

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan for the lands at 69 Yonge Street and 3 King Street East, substantially in accordance with the draft Official Plan Amendment attached as Attachment 6 to the report (January 8, 2024) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 69 Yonge Street and 3 King Street East, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (January 8, 2024) from the Director, Community Planning, Toronto and East York District.

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

4.  Before introducing the necessary Bills to City Council for enactment, City Council require the owner to:

a. enter into a Heritage Easement Agreement with the City for the property at 69 Yonge Street and 3 King Street East substantially in accordance with the plans and drawings dated July 11, 2023, prepared by ERA Architects Inc. and Partisans, and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment, dated October 26, 2023, prepared by ERA Architects Inc., all on file with the Senior Manager, Heritage Planning, subject to and in accordance with the Conservation Plan required in Recommendation 4.b. below, to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor;

b. provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for the property at 69 Yonge Street and 3 King Street East, to the satisfaction of the Senior Manager, Heritage Planning; and

c. enter into a Limiting Distance Agreement, or similar legal instrument, between the owners of 69 Yonge Street and 3 King Street East, 7 King Street East and the City, to be registered on title to the 7 King Street East property, that would prevent the erection of a building above existing height permissions for the western portion of the 7 King Street East site, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor.

The Toronto and East York Community Council held a statutory public meeting on January 24, 2024 and notice was given in accordance with the Planning Act.

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-law to: conserve the entire 15-storey designated heritage building; convert the use in the existing building from office to residential on levels 2 to 15; infill the southeast corner of the building; infill the southeast corner of the building; and add six storeys on top of the existing building at 69 Yonge Street and 3 King Street East. The proposal includes 127 dwelling units and 1,361 square metres of retail and restaurant uses on the ground floor, mezzanine and basement levels. The Official Plan Amendment is required to amend the Downtown Plan policies for the Financial District to permit a portion of the existing non-residential uses to be converted to residential uses, along with the replacement of 1,361 square metres of the existing non-residential gross floor area on the site.

The Toronto and East York Community Council recommends that:

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1134 Queen Street East substantially in accordance with the draft Zoning By-law Amendment attached as Revised Attachment 5 to the report (January 8, 2024) from the Director, Community Planning, Toronto and East York District.

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

The Toronto and East York Community Council held a statutory public meeting on January 24, 2024 and notice was given in accordance with the Planning Act.

This application proposes to amend the Zoning By-Law permit a 6-storey mixed-use building with 29 residential condominium dwelling units and 274.7 square metres of non-residential retail/commercial space at grade.

The proposed development is consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020). It conforms with the Official Plan and is generally meets the intent of the City's design guidelines.

This report reviews and recommends approval of the application to amend the Zoning By-law with a holding provision. The proposal results in an appropriate built form and massing that fits with the existing and planned context of the surrounding area and which meets the intent of the site-specific policies for development along Queen Street East.

The Toronto and East York Community Council recommends that:

1. City Council refuse the application for the Zoning By-law Amendment in its current form, for the lands municipally known as 40 Walmer Road.

2. In the event the application is appealed to the Ontario Land Tribunal, City Council, pursuant to subsection 34(11.0.0.1) of the Planning Act, use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the Zoning By-law Amendment application, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

3. City Council direct the City Solicitor to request, in the event of an appeal to the Ontario Land Tribunal, the Ontario Land Tribunal to withhold its final order until the following conditions are met:

a. the final form of the Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including any appropriate holding (H) provisions;

b. City Council has approved Rental Housing Demolition Application 23 221261 STE 11 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental dwelling units and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision including:

 i. replacement of the existing 33 rental housing units, including the same number of units, bedroom type and size and with similar rents; and

ii. acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

c. the owner has submitted a revised Heritage Impact Assessment that demonstrates how the proposed development fits into its context and protects the heritage attributes of the adjacent designated property under Part IV of the Ontario Heritage Act at 38 Walmer Road and adjacent properties included on the City’s Heritage Register at 35 and 44 Walmer Road, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design and the Chief Planner and Executive Director, City Planning;

d. the owner has provided revised plans and revised sun shadow and pedestrian level wind studies with recommendations implemented as part of Zoning By-law Amendment and the City has advised that any building envelope changes to address the findings of the studies have been made, to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. the owner has provided confirmation of water, sanitary and stormwater to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law amendment; 

f. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

g. the owner has addressed all outstanding issues raised by Transportation Services, as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Transportation Services; and

h. in the event that a parkland dedication is required by Parks Development, further direction from City Council will be required to approve and secure all necessary conditions of parkland conveyance by the owner to the City.

4.  City Council authorize the City Solicitor and other appropriate staff to take any necessary steps to implement City Council's decision.

On October 24, 2023, a Zoning By-law Amendment application was submitted to permit a 35-storey (111.65 metres, including mechanical penthouse) residential building containing 365 dwelling units, including 33 replacement rental units. The application was deemed complete on November 15, 2023.

The existing building located at 40 Walmer Road contains 33 rental dwelling units. A related Rental Housing Demolition and Conversion application to demolish and replace the existing rental dwelling units is under review.

This report recommends refusal of the application to amend the Zoning By-law because the proposal does not conform with the Official Plan or the Downtown Plan, and does not meet the intent of the Tall Building Design Guidelines or the Downtown Tall Buildings: Vision and Supplementary Design Guideline.

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal to oppose the current Zoning By-law Amendment application appeal for the lands at 1728 Bloor Street West and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold any Order on the proposed appeals until such time as the City Solicitor advises that:

a. the final form and content of the draft Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b. the applicant has provided a revised Functional Servicing Report to demonstrate the site can be adequately serviced to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment;

c. the owner has made satisfactory arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades and/or road improvements are required to support the development, according to the accepted Engineering Reports and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services; and

d. necessary studies, including those related to pedestrian level wind impacts, sun shadow, noise and vibration have been completed and their recommendations addressed to the satisfaction of the Chief Planner and Executive Director, City Planning.

3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On March 9, 2023, a Zoning By-law Amendment application was submitted seeking approval to construct a 19-storey mixed use building with retail space on the ground floor and 99 residential units above.  

On October 4, 2023, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal due to Council not making a decision within the statutorily prescribed time frame in the Planning Act.

This report recommends that the City Solicitor, with appropriate City staff, attend the Ontario Land Tribunal hearing to oppose the application in its current form and to continue discussions with the applicant to address outstanding issues.

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Zoning By-law Amendment appeal for the lands at 15-17 Elm Street and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Zoning By-law Amendment are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

b. the owner has at its sole cost and expense:

i. submitted a revised Functional Servicing Report, Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports"), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

ii. secured the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development; and

iii. ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or any such required changes have been made to the proposed amending By-laws, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new infrastructure or upgrades to existing municipal servicing infrastructure as may be required.

3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On September 13, 2022, a Zoning By-law Amendment application was submitted to permit a 30-storey (99 metres, including mechanical penthouse) mixed-use building. On April 19, 2023, a revised proposal for the 30-storey mixed-use building was submitted, containing 216 dwelling units and 303 square metres of non-residential gross floor area. The existing heritage building at 15 Elm Street is proposed to be demolished.

On September 25, 2023, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal due to Council not making a decision within the time frame in the Planning Act. The applicant has also appealed the heritage designation of 15 Elm Street to the Ontario Land Tribunal.

This report recommends that the City Solicitor and appropriate City staff attend the Ontario Land Tribunal hearing to oppose the application in its current form and continue discussions with the applicant to resolve outstanding issues.

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Zoning By-law Amendment application appeal for the lands at 2575 and 2625 Danforth Avenue and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. City Council direct the City Solicitor and appropriate City staff to continue to pursue an on-site parkland dedication in the northwest corner of the lands at 2575 and 2625 Danforth Avenue.

3. City Council direct appropriate City staff to continue negotiations with the applicant on the extension of the lease for the Main Square Community Recreation Centre.

4. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Zoning By-law Amendments are in a form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has provided confirmation of water, sanitary and stormwater, and traffic capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, or the determination of whether holding provisions are required in the Zoning By-law amendment;

c. the plans and studies be revised to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, the General Manager, Solid Waste Management Services and the Supervisor, Urban Forestry;

d. the owner has secured appropriate improvements to the existing rental buildings at its sole expense and at no cost to tenants and secured the provision of a Construction Mitigation and Tenant Communication Plan;

e. the owner has secured replacement of the 19 rental housing units, including the same number of units, bedroom type and size and with similar rents and secured an acceptable Tenant Relocation and Assistance Plan addressing the right for existing and former tenants to return to a replacement rental unit on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. City Council has approved the Rental Housing Demolition Application 22 196262 19 RH in accordance with Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of 19 existing rental dwellings at 2575 and 2625 Danforth Avenue and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters, including tenant relocation and assistance, necessary to implement City Council's decision; and

g. the owner has submitted a draft plan of subdivision application to secure, among other matters, the conveyance of land for and construction of new public roads and parkland.

5. City Council authorize the City Solicitor and City staff, in consultation with the Ward Councilor, to amend the existing Section 37 Agreement as required.

6. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On August 26, 2022 the City received applications for a Zoning By-law Amendment application and Site Plan Control (the "Applications") to permit the construction of five new mixed use buildings ranging in height from 15 to 55 storeys (the "Proposal") at 2575 and 2625 Danforth Avenue (the "Site"). Road conveyances will be required to facilitate new east-west and north-south public streets. The Proposal contemplates infill development on the Site, which currently includes four rental buildings ranging in height from 9 to 29 storeys and a Community Recreation Centre with an indoor pool. The Community Recreation Centre is also proposed to be demolished with no proposal by the applicant to replace it on site.

On August 26, 2022 the City also received a Rental Housing Demolition Application under Chapter 667 of the Municipal Code to permit the demolition of 19 rental housing units on the Site.

The applicant appealed the Applications to the Ontario Land Tribunal due to Council not making a decision within the time frame prescribed in the Planning Act.

This report recommends that the City Solicitor and appropriate City staff attend the Ontario Land Tribunal hearing to oppose the Proposal in its current form and continue discussions with the applicant to resolve outstanding issues.

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Zoning By-law Amendment appeal for the lands at 8 Dawes Road and to continue discussions with the applicant in an attempt to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold any Order until such time as the City Solicitor advises that:

a. the final form and content of the draft Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

b. the plans and studies be revised to the satisfaction of the Chief Planner and Executive Director, City Planning, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, the General Manager, Solid Waste Management Services and the Supervisor, Urban Forestry.

3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On November 3, 2022, a Zoning By-law Amendment application was submitted seeking to permit a 38-storey mixed-use building with commercial uses on the ground and second floor and 399 residential dwelling units above.

On September 15, 2023, the applicant appealed the Zoning By-law Amendment application to the Ontario Land Tribunal due to Council not making a decision within the statutorily prescribed time frame in the Planning Act.

This report recommends that the City Solicitor and appropriate City staff attend the Ontario Land Tribunal hearing to oppose the application in its current form and continue discussions with the applicant to resolve outstanding issues.

The Toronto and East York Community Council recommends that:

1. City Council allow the owner of 45 and 57-93 Balliol Street to convey 174.44 square metres of additional open space as part of the development free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition, prior to the earlier of three years following the first above grade building permit or condominium registration, to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation, as an in-kind contribution pursuant to subsection 37(6) of the Planning Act, in accordance with the following terms:

a. City Council attribute a value to the in-kind contribution set out in Recommendation 1 above equal to one hundred percent (100 percent) of four percent (4 percent) of the value of the lands at 45 and 57-93 Balliol Street (net of any exclusions or exemptions authorized under the Community Benefits Charge By-law), as determined the day before the day the building permit is issued in respect of the development and direct staff to advise the owner of such valuation;

b. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Recommendation 1 above to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered on title to the lands at 57-93 Balliol Street, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council;

c. a Section 118 restriction on the Parkland Over-Dedication will be registered prior to the issuance of the first above-grade building permit and removed at the time that the Parkland Over-Dedication is conveyed to the City; and

d. the owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be evaluated during the purchase price negotiations, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management.

On July 19, 2023, City Council approved the Zoning By-law Amendment and Rental Housing Demolition applications at 45, 57-93 Balliol Street to permit a 128.6-metre (40 storeys, excluding mechanical penthouse) residential building with 477 residential units including 19 replacement rental dwelling units. Zoning By-law 983-2023 was enacted as a result of City Council's adoption of the applications.

The proposal includes a new 906 square metre open space, including 435 square metres of parkland dedication that was secured as part of the Zoning By-law Amendment. The open space fronts onto Balliol Street, and mirrors the parkland that was secured on the neighbouring property to the east at 93-131 and 155 Balliol Street.

This report presents a Community Benefits Charge in-kind contribution to secure a portion of the 471 square metres of additional open space adjacent to the onsite parkland. The Community Benefits Charge in kind offer is to provide 174.44 square metres of the 471 square metres as additional parkland to be conveyed to the City as the entirety of the Community Benefits Charge. The 174.44 square metres represents 4% of the developable area of the site.

Based on discussions to date with the owner it is City staff's intention that the remaining 296.56 square metres of open space will be purchased by the City for parkland.  Required approvals specific to the purchase will be sought at a later date.

The Toronto and East York Community Council recommends that:

1. City Council approve the demolition of the designated buildings at 938, 944, and 950 King Street West and 95, 97, and 99 Strachan Avenue in accordance with Section 34(1)2 of the Ontario Heritage Act, as part of a reconstruction strategy for the site with such demolition and reconstruction being substantially in accordance with plans and drawings prepared by Sweeney and Co. Architects and submitted in conjunction with the Reconstruction Plan, dated December 8, 2023, prepared by Giaimo Architects Inc., and on file with the Senior Manager, Heritage Planning, and subject to the following additional conditions:

a. prior to final Site Plan approval for the development contemplated for 938, 944, and 950 King Street West and 95, 97, and 99 Strachan Avenue, the owner shall:

1. provide final site plan drawings substantially in accordance with the approved Reconstruction Plan, dated December 8, 2023, prepared by Giaimo Architects Inc. to the satisfaction of the Senior Manager, Heritage Planning;

2. implement a Heritage Lighting Plan that is substantially in accordance with the Lighting Plan within the Reconstruction Plan, dated December 8, 2023, prepared by Giaimo Architects Inc. to the satisfaction of the Senior Manager Heritage Planning;

3. implement a Signage Plan that is substantially in accordance with the Signage Plan within the Reconstruction Plan, dated December 8, 2023, prepared by Giaimo Architects Inc. to the satisfaction of the Senior Manager, Heritage Planning; and

4. implement an Interpretation Plan that is substantially in accordance with the Interpretation Plan within the Reconstruction Plan, dated December 8, 2023, prepared by Giaimo Architects Inc. to the satisfaction of the Senior Manager, Heritage Planning;

b. prior to the issuance of any permit for all or any part of the properties at 938, 944, and 950 King Street West and 95, 97, and 99 Strachan Avenue, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

1. have obtained final approval for the necessary Zoning By-law Amendment required for the subject properties, such Zoning By-law Amendment to have come into full force and effect;

2. have entered into an amendment to the Heritage Easement Agreement registered as Instrument AT6219551 to the satisfaction of the Senior Manager, Heritage Planning;

3. provide building permit drawings, including notes and specifications for the reconstruction keyed to the approved Reconstruction Plan, dated December 8, 2023, prepared by Giaimo Architects Inc. including a detailed description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning;

4. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning to secure all the reconstruction and interpretation work included in the approved Reconstruction Plan, dated December 8, 2023, prepared by Giaimo Architects Inc.; and

5. provide full documentation of the existing heritage properties at 938, 944, and 950 King Street West and 95, 97, and 99 Strachan Avenue, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a memory stick in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning; and

c. prior to the release of the Letter of Credit required in Recommendation 1.b.4 above, the owner shall:

1. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required reconstruction work and the required interpretive work has been completed in accordance with the Reconstruction Plan, dated December 8, 2023, prepared by Giaimo Architects Inc. and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning.

2. City Council authorize the City Solicitor to amend the existing Heritage Easement Agreement to secure the conditions noted above in a manner and with content satisfactory to the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Planning.

This report recommends that City Council approve the demolition of the designated heritage properties at 938-950 King Street West and 95-99 Strachan Avenue under Section 34(1)2 of the Ontario Heritage Act on condition that the replacement structure be designed and constructed in accordance with the approved plans and drawings referenced in this report. The subject properties are all designated under Part IV of the Ontario Heritage Act.

The properties at 938, 944, and 950 King Street West and 95, 97, and 99 Strachan Avenue comprise four two-and-a-half storey semi-detached townhouses (938-944 King Street West), a three-storey building (950 King Street West), and three three-and-a-half storey attached townhouses (95-99 Strachan Avenue). All of the buildings on the properties are designed in the Queen Anne Revival and Richardsonian Romanesque styles by the architect Frederick Henry Herbert (1865-1914) and have been known for many years as the Palace Arms.

In March 2021 City Council granted approval for alterations to these buildings in connection with the construction of a fourteen-storey mixed use building. This scheme included the retention of the front façades of these buildings which were proposed to be restored and incorporated into the new building.

Unfortunately, following the removal of paint from the exterior of the buildings at 938-950 King Street West and 95-99 Strachan Avenue, it was discovered that the masonry was in a very poor condition that would not withstand the approved conservation strategy or allow for the meaningful retention of these heritage resources. As such, the applicant has revised their approach to the heritage properties and now proposes to demolish the buildings and salvage reusable materials.

Staff have carefully reviewed condition assessments for the property and accept the conclusion that conservation is no longer an option within the approved application. To mitigate the impact of the loss of these significant heritage resources, the applicant proposes to replicate the original facades using salvaged materials where possible, resulting in the commemoration, not conservation, of the historic buildings. Staff recommend that several conditions be attached to the demolitions, should Council allow the buildings to be taken down.

The setbacks, step-backs and detailing of the proposed new 14-storey building would remain as previously approved and the revised plan fits within the approved zoning envelope.

At its meeting on January 18, 2024  the Toronto Preservation Board considered Item PB13.5
and made recommendations to City Council.

Summary from the report (December 22, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council approve the demolition of the designated heritage properties at 938-950 King Street West and 95-99 Strachan Avenue under Section 34(1)2 of the Ontario Heritage Act on condition that the replacement structure be designed and constructed in accordance with the approved plans and drawings referenced in this report. The subject properties are all designated under Part IV of the Ontario Heritage Act.

The properties at 938, 944, and 950 King Street West and 95, 97, and 99 Strachan Avenue comprise four two-and-a-half storey semi-detached townhouses (938-944 King Street West), a three-storey building (950 King Street West), and three three-and-a-half storey attached townhouses (95-99 Strachan Avenue). All of the buildings on the properties are designed in the Queen Anne Revival and Richardsonian Romanesque styles by the architect Frederick Henry Herbert (1865-1914) and have been known for many years as the Palace Arms.

In March 2021 City Council granted approval for alterations to these buildings in connection with the construction of a fourteen-storey mixed use building. This scheme included the retention of the front façades of these buildings which were proposed to be restored and incorporated into the new building.

Unfortunately, following the removal of paint from the exterior of the buildings at 938-950 King Street West and 95-99 Strachan Avenue, it was discovered that the masonry was in a very poor condition that would not withstand the approved conservation strategy or allow for the meaningful retention of these heritage resources. As such, the applicant has revised their approach to the heritage properties and now proposes to demolish the buildings and salvage reusable materials.

Staff have carefully reviewed condition assessments for the property and accept the conclusion that conservation is no longer an option within the approved application. To mitigate the impact of the loss of these significant heritage resources, the applicant proposes to replicate the original facades using salvaged materials where possible, resulting in the commemoration, not conservation, of the historic buildings. Staff recommend that several conditions be attached to the demolitions, should Council allow the buildings to be taken down.

The setbacks, step-backs and detailing of the proposed new 14-storey building would remain as previously approved and the revised plan fits within the approved zoning envelope.

The Toronto and East York Community Council recommends that:

1. City Council approve the alterations to the heritage properties at 127 (121 and 123 Church Street) and 89 Queen Street East, in accordance with Section 33 of the Ontario Heritage Act, and the removal and partial reassembly of the building at 119 Church in accordance with Section 34 of the Ontario Heritage Act, to allow for the construction of a 59-storey plus mechanical penthouse mixed-use building, with such alterations substantially in accordance with the plans and drawings dated November 10, 2023, prepared by Arcadis and on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by GBCA Architects, dated November 10, and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the following additional conditions:

a. the related site-specific Zoning By-law Amendment permitting the proposed alterations has been enacted by City Council and has come into full force and effect in a form and with content acceptable to City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning;

b. prior to the introduction of the Bills for such Zoning By-law Amendment by City Council, the owner shall:

1. enter into a Heritage Easement Agreement with the City for the properties at 119 and 127 (121-123) Church Street and 89 Queen Street East substantially in accordance with the plans and drawings dated November 10, 2023, prepared by Arcadis and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by GBCA Architects, dated November 10, 2023, subject to and in accordance with the Conservation Plan required in Recommendation 1.b.2. below, to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor; and

2. provide a detailed Conservation Plan that includes an appropriate strategy for all ground level storefronts and a Reconstruction Strategy for the building at 119 Church Street, to be prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for the properties at 127 (121-123) Church Street and 89 Queen Street East prepared by GBCA Architects, dated November 10, 2023, to the satisfaction of the Senior Manager, Heritage Planning;

c. prior to Site Plan approval for the proposed Zoning By-law Amendment for the properties located at 119 and 127 (121-123) Church Street and 89 Queen Street East, the subject owner shall:

1. provide final Site Plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 1.b.2. above to the satisfaction of the Senior Manager, Heritage Planning;

2. provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning;

3. provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; and

4. submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning;

d. prior to the issuance of any permit for all or any part of the properties at 119 and 127 (121-123) Church Street and 89 Queen Street East, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

1. have entered into a Heritage Easement Agreement with the City required in Recommendation 1.b.1. above;

2. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Recommendation 1.b.2. above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning;

3. provide a Letter of Credit, including provision for upward indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning to secure all work included in the approved Conservation Plan, Heritage Lighting Plan and Interpretation Plan; and

4. provide full documentation of the existing building at 125-127 Church Street, including two (2) printed sets of archival quality 8” x 10” colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a USB flash drive in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning; and

e. prior to the release of the Letter of Credit required in Recommendation 1.d.3. above, the owner shall:

1. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan, Heritage Lighting Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and

2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

2. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of the properties at 119 and 127 (121-123) Church Street and 89 Queen Street East in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

3. City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into of a Heritage Easement Agreement for the properties at 119 and 127 (121-123) Church Street and 89 Queen Street East.

This report recommends that City Council approve the alterations proposed for the heritage properties at 127 (121-123) Church Street and 89 Queen Street East under Section 33 of the Ontario Heritage Act and approve the full removal and partial reconstruction of the building on the property at 119 Church Street under Section 34 of the Ontario Heritage Act, in connection with the development of the subject site.

On December 13, 14 and 15, 2023 City Council adopted the staff report recommending designation of the subject properties under Part IV of the Ontario Heritage Act. All of the subject properties were designated for their design and contextual value, with 119 and 123 Church Street and 89 Queen Street East also having historical or associative value.

The property at 127 Church Street includes two buildings with entrance addresses of 121-123 Church Street, both of which are representative examples of the late-Victorian style and surviving examples of the fine-grained commercial building typology that emerged along Church Street during the late 19th century. The property at 119 Church Street contains a building with design and physical value as a representative example of an early-Twentieth century commercial/factory type building with Edwardian Classicist detailing. The property at 89 Queen Street East is a surviving example of an early purpose-built apartment building type constructed in the initial period of their development in the city and is one of the first mixed-use commercial and apartment building typologies.

The development application proposes a 59-storey plus mechanical penthouse mixed-use building with retail at grade and residential units above. The front facades of the heritage buildings at 89 Queen Street East and 121-123 Church Street are proposed to be retained in situ while the front façade of the heritage building at 119 Church Street will be panelized and reassembled in its original location and configuration.

Staff are of the opinion that the proposed alterations conserve the heritage properties at 127 (121 and 123) Church Street and 89 Queen Street East and are consistent with the existing policy framework. While the building at 119 Church Street will not be conserved, its primary street-facing wall and related attributes will be reassembled in its original location The heritage impacts of the development proposal are appropriately mitigated through the overall conservation strategy.

At its meeting on January 18, 2024  the Toronto Preservation Board considered Item PB13.4 and made recommendations to City Council.

Summary from the report (December 22, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council approve the alterations proposed for the heritage properties at 127 (121-123) Church Street and 89 Queen Street East under Section 33 of the Ontario Heritage Act and approve the full removal and partial reconstruction of the building on the property at 119 Church Street under Section 34 of the Ontario Heritage Act, in connection with the development of the subject site.

On December 13, 14 and 15, 2023 City Council adopted the staff report recommending designation of the subject properties under Part IV of the Ontario Heritage Act. All of the subject properties were designated for their design and contextual value, with 119 and 123 Church Street and 89 Queen Street East also having historical or associative value.

The property at 127 Church Street includes two buildings with entrance addresses of 121-123 Church Street, both of which are representative examples of the late-Victorian style and surviving examples of the fine-grained commercial building typology that emerged along Church Street during the late 19th century. The property at 119 Church Street contains a building with design and physical value as a representative example of an early-Twentieth century commercial / factory type building with Edwardian Classicist detailing. The property at 89 Queen Street East is a surviving example of an early purpose-built apartment building type constructed in the initial period of their development in the city and is one of the first mixed-use commercial and apartment building typologies.

The development application proposes a 59-storey plus mechanical penthouse mixed-use building with retail at grade and residential units above. The front facades of the heritage buildings at 89 Queen Street East and 121-123 Church Street are proposed to be retained in situ while the front façade of the heritage building at 119 Church Street will be panelized and reassembled in its original location and configuration.

Staff are of the opinion that the proposed alterations conserve the heritage properties at 127 (121 and 123) Church Street and 89 Queen Street East and are consistent with the existing policy framework. While the building at 119 Church Street will not be conserved, its primary street-facing wall and related attributes will be reassembled in its original location The heritage impacts of the development proposal are appropriately mitigated through the overall conservation strategy.

The Toronto and East York Community Council recommends that:

1. City Council approve the alterations to the heritage property at 69 Yonge Street and 3 King Street East, in accordance with Part IV, Section 33 of the Ontario Heritage Act, to allow for the construction of a new 21-storey tower on the lands known municipally as 69 Yonge Street and 3 King Street East, with such alterations substantially in accordance with plans and drawings dated July 11, 2023, prepared by ERA and Partisans, and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment, dated October 26, 2023, prepared by ERA Architects Inc., all on file with the Senior Manager, Heritage Planning, and all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the following additional conditions:

a. the related Zoning By-law Amendment permitting the proposed alterations has been enacted by City Council and has come into full force and effect in a form and with content acceptable to City Council, as determined by the Chief Planner and Executive Director, City Planning, in consultation with the Senior Manager, Heritage Planning;

b. prior to the introduction of the Bills for such Zoning By-law Amendment by City Council, the owner shall:

1. enter into a Heritage Easement Agreement with the City for the property at  69 Yonge Street and 3 King Street East substantially in accordance with the plans and drawings dated July 11, 2023, prepared by ERA and Partisans, and on file with the Senior Manager, Heritage Planning; and the Heritage Impact Assessment, dated October 26, 2023, prepared by ERA Architects Inc., all on file with the Senior Manager, Heritage Planning, subject to and in accordance with the Conservation Plan required in Recommendation 1.b.2. below, to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor; and

2. provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for the properties at 69 Yonge Street and 3 King Street East, to the satisfaction of the Senior Manager, Heritage Planning;

c. prior to final Site Plan approval for the proposal for the property located at 69 Yonge Street and 3 King Street East, the owners shall:

1. provide final Site Plan drawings substantially in accordance with the approved Conservation Plans required in Recommendation 1.b. 2. above to the satisfaction of the Senior Manager, Heritage Planning;

2. provide a Heritage Lighting Plan that describe how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such a plan to the satisfaction of the Senior Manager Heritage Planning; and

3. provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such plan to the satisfaction of the Senior Manager, Heritage Planning;

d. prior to the issuance of any permit for the work described in the Site Plan application, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

1. have entered into a Heritage Easement Agreement with the City of Toronto required in Recommendation 1.b.1. above for property at 69 Yonge Street and 3 King Street East, including registration on title of such agreement, to the satisfaction of the City Solicitor;

2. have provided a detailed Conservation Plan required in Recommendation 1.b.2. above;

3. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plans required in Recommendation 1.b.2. above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning; and

4. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation, Lighting and Interpretation plans; and

e. prior to the release of the Letter of Credit required in Recommendation 1.d.4. above, the owner shall:

1. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation, Lighting and Interpretation Plans and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and

2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

2. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 69 Yonge Street and 3 King Street East in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

3. City Council authorize the City Solicitor to introduce the necessary Bill in City Council authorizing the entering into of a Heritage Easement Agreement for the property at 69 Yonge Street and 3 King Street East.

This report recommends that City Council approve the alterations proposed for the heritage property at 69 Yonge Street and 3 King Street East which is designated under Part IV of the Ontario Heritage Act.

The subject designated heritage property is located on the south-east corner of Yonge Street and King Street East and contains a 15-storey building known as the Canadian Pacific Railway Building constructed in 1911-13 to the design of Darling & Pearson.

The proposed development has been submitted in connection with applications for amendments to the Official Plan and Zoning By-law and Site Plan Approval and involves the construction of a 21-storey residential tower that will partially enclose the existing building's south and east elevations.  A new six-storey addition including a mechanical penthouse atop the heritage resource is also proposed.

The proposed development is consistent with the existing policy framework and proposes an overall conservation strategy that conserves the entirety of the significant heritage resource.

At its meeting on December 7, 2023 the Toronto Preservation Board considered Item PB12.6 and made recommendations to City Council.

Summary from the report (November 16, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning:

This report recommends that City Council approve the alterations proposed for the heritage property at 69 Yonge Street and 3 King Street East which is designated under Part IV of the Ontario Heritage Act.

The subject designated heritage property is located on the south-east corner of Yonge Street and King Street East and contains a 15-storey building known as the Canadian Pacific Railway Building constructed in 1911-13 to the design of Darling & Pearson.

The proposed development has been submitted in connection with applications for amendments to the Official Plan and Zoning By-law and Site Plan Approval and involves the construction of a 21-storey residential tower that will partially enclose the existing building's south and east elevations.  A new six-storey addition including a mechanical penthouse atop the heritage resource is also proposed.

The proposed development is consistent with the existing policy framework and proposes an overall conservation strategy that conserves the entirety of the significant heritage resource.

The Toronto and East York Community Council recommends that:

1. City Council, in accordance with Section 41 of the Ontario Heritage Act, designate by By-law the area shown on Attachment 1 to the report (December 6, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning, as the Cabbagetown Southwest Heritage Conservation District.

2. City Council adopt by By-law the Cabbagetown Southwest Heritage Conservation District Plan as the District Plan for the Cabbagetown Southwest Heritage Conservation District attached as Attachment 5 to the report (December 6, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning.

3. City Council authorize the City Solicitor to make such stylistic and technical changes to the Cabbagetown Southwest Heritage Conservation District Plan attached as Attachment 5 to the report (December 6, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning, as deemed necessary by and at the sole discretion of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Planning, Urban Design, City Planning, and to ensure that such stylistic and technical changes are reflected within the Cabbagetown Southwest Heritage Conservation District Plan’s policies, guidelines, schedules, appendices and maps.

 4. If there are any appeals to the By-law under Section 41 of the Ontario Heritage Act, City Council direct the City Solicitor, together with the City's outside counsel and any other appropriate City staff and/or outside consultants to appear before the Ontario Land Tribunal to defend the By-law.    

This report recommends that City Council designate the area referred to as Cabbagetown Southwest as a Heritage Conservation District, identified on the map in Attachment 1 to this report, and adopt the Cabbagetown Southwest Heritage Conservation District Plan by by-law under Part V of the Ontario Heritage Act.

The designation of Cabbagetown Southwest (the "District") as an Heritage Conservation District and adoption of the Heritage Conservation District Plan will manage change within the District to conserve the area's cultural heritage value through the implementation of contextual policies and guidelines.

The study of the District for potential designation as an Heritage Conservation District was led by Heritage Planning staff and was initiated in 2015 on Council direction. The Cabbagetown Southwest Heritage Conservation District Study process and the Heritage Conservation District Plan have been prepared in accordance with provincial legislation and Heritage Conservation Districts in Toronto: Procedures, Policies and Terms of Reference.

At its meeting on December 7, 2023 the Toronto Preservation Board considered Item PB12.8 and made recommendations to City Council.

Summary from the revised report (December 6, 2023) from the Senior Manager, Heritage Planning, Urban Design, City Planning: