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).

August 30, 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

 Report of the North York Community Council from Meeting 16 on August 20, 2024 

Submitted by Councillor James Pasternak, 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 City Solicitor recommends that:

1. City Council adopt the confidential instructions to staff contained in the Confidential Attachment 1 to this report from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff contained in Confidential Attachment 1 Confidential Appendix A, Confidential Appendix B, and Confidential Appendix C to this report from the City Solicitor, if adopted by City Council.

3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as contains advice which is subject to solicitor-client privilege.

On April 19, 2022, the applicant filed an application, in respect of 2500 Don Mills Road, for Official Plan and Zoning By-law Amendments. The Zoning By-law Amendment intended to permit 30- (96.06 metres) and 39-storey (123 metres) towers on a shared podium, containing a total of 823 residential units and some non-residential space. The Official Plan Amendment proposed amendments to Section 4.2.10 of the Sheppard East Corridor Secondary Plan to increase the planned density for the Site from 3.99 times the area of the lot to 7.35 times the area of the lot, and to plan for the delivery of public streets not only through the Subdivision process, but also by way of the Site Plan Control process.

The applicant appealed City Council's neglect or failure to make a decision on the Application, to the Ontario Land Tribunal on February 6, 2023.

The City Solicitor requires further directions for the upcoming Ontario Land Tribunal hearing, which is scheduled to commence on October 21, 2024.

North York Community Council recommends that:

1. City Council amend the Official Plan, for the lands at 6125 Yonge Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (July 29, 2024) from the Director, Community Planning, North York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 6125 Yonge Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 tto the report (July 29, 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.

4. City Council direct that before introducing the necessary Bills to City Council for enactment, the applicant be required to:

a. Withdraw its appeal of the Yonge Street North Secondary Plan (OPA 615) (By-law 1016-2022) to the Ontario Land Tribunal within Ontario Land Tribunal Case OLT-22-004346;

b. Submit a revised Pedestrian Level Wind Study for review and acceptance to the satisfaction of the Executive Director, Development Review;

c. 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

d. Submit a revised Traffic Impact Assessment for review and acceptance to the satisfaction of the General Manager, Transportation Services.

5. City Council request the Owner to work with the General Manager, Parks, Forestry and Recreation to identify a suitable off-site parkland dedication to be conveyed to the City to the satisfaction of the General Manager, Parks, Forestry and Recreation with the following conditions:

a. If the Owner acquires and conveys an off-site parkland dedication satisfactory to the General Manager, Parks, Forestry and Recreation, 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

b. The development charge credit, described above, 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.

The North York Community Council held a statutory public meeting on August 20, 2024, and notice was given in accordance with the Planning Act.

This application proposes to develop a 16-storey mixed use building at 6125 Yonge Street. The building would contain 437 residential units and a gross floor area of 30,420.6 square metres, including 1,837.5 square metres of non-residential gross floor area. The proposed Floor Space Index ("FSI") is 8.5.

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 proposed building represents an appropriate level of intensification on the site and begins to implement the vision of the Council-adopted Yonge Street North Secondary Plan (OPA 615).

In July 2022, City Council enacted Official Plan Amendment 615, the Yonge Street North Secondary Plan ("OPA 615"). Eighteen appeals of Official Plan Amendment 615 were made to the Ontario Land Tribunal ("OLT"). After a series of Ontario Land Tribunal Case Management Conferences, a six-week hearing is scheduled to commence on October 16, 2024.

Although the hearing into this matter does not start until October, procedural deadlines are approaching quickly. City Planning recommend City Council advance a decision on the application in an effort to resolve outstanding matters in advance of these deadlines.

North York Community Council recommends that:

1. City Council amend the Official Plan, for the lands at 6355 Yonge Street substantially in accordance with the draft Official Plan Amendment attached as Attachment 5 to the report (July 26, 2024) from the Director, Community Planning, North York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 6355 Yonge Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (July 26, 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.

4. City Council direct that before introducing the necessary Bills to City Council for enactment, the applicant be required to:

a. Withdraw its appeal of the Yonge Street North Secondary Plan (OPA 615) (Bylaw 1016-2022) to the Ontario Land Tribunal within Ontario Land Tribunal Case OLT-22-004346;

b. 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

c. Submit a revised Traffic Impact Assessment for review and acceptance to the satisfaction of the General Manager, Transportation Services.

The North York Community Council held a statutory public meeting on August 20, 2024, and notice was given in accordance with the Planning Act.

North York Community Council:

1. Requested the Executive Director, Development Review, in consultation with General Manager, Transportation Services to continue to work with the applicant to increase the amount of visitor parking from 8 to 15-20 in advance of the special City Council meeting on September 5, 2024.

2. Requested the Executive Director, Development Review, in consultation with Housing Secretariat and the City Solicitor, to work with the applicant to include affordable housing in advance of the special City Council meeting on September 5, 2024.

This application proposes to develop a 50-storey (173 metres, inclusive of a mechanical penthouse) mixed use building at 6355 Yonge Street. The building would contain 613 residential units and a gross floor area of 37,563 square metres, including 231 square metres of non-residential gross floor area. The proposed Floor Space Index ("FSI") is 21.83.

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-laws. The proposed building represents an appropriate level of intensification on the site and begins to implement the vision of the Council-adopted Yonge Street North Secondary Plan (OPA 615).

In July 2022, City Council enacted Official Plan Amendment 615, the Yonge Street North Secondary Plan ("OPA 615"). Eighteen appeals of Official Plan Amendment 615 were made to the Ontario Land Tribunal ("OLT"). After a series of Ontario Land Tribunal Case Management Conferences, a six-week hearing is scheduled to commence on October 16, 2024.

Although the hearing into this matter does not start until October, procedural deadlines are approaching quickly. City Planning recommend City Council adopt Staff recommendations on the application in an effort to resolve outstanding matters in advance of these deadlines.

The City Manager recommends that:

1. City Council appoint Thomas Azouz as the Interim Deputy City Manager, Community and Social Services for the City of Toronto until such time as a new Deputy City Manager, Community and Social Services, has been appointed.

2. City Council authorize the City Solicitor to introduce the necessary by-laws to give effect to City Council's decision.

The purpose of this report is to recommend to City Council the appointment of an Interim Deputy City Manager, Community and Social Services until such time that a permanent appointment is made.

The former Deputy City Manager, Community and Social Services, Paul Raftis retired from the City of Toronto in July 2024. 

The City Solicitor recommends that:

1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor.

2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor and Confidential Appendix A, if adopted by City Council.

3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

On October 18, 2023, a Zoning By-law Amendment application was submitted for a development at 70-86 Lynn Williams Street to permit a 43-storey mixed-use building containing 588 rental units, demolishing the north half of the heritage building located on the 80-86 Lynn Williams Street portion of the site, and retaining the south half fronting onto Lynn Williams Street. On April 17, 2024, City Council refused the Zoning By-law Amendment application and the applicant appealed City Council's decision on the application to the Ontario Land Tribunal.

On July 26, 2024, the applicant submitted an application under Section 33 and Section 34(1)1 of the Ontario Heritage Act for the alteration to and demolition of heritage attributes to the property at 80-86 Lynn Williams Street.

For reasons set out in Confidential Attachment 1 to this report, this matter is urgent.

The City Solicitor recommends that:

1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor.

2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor, and Confidential Appendix A, if adopted by City Council.

3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

On October 18, 2023, a Zoning By-law Amendment application was submitted for a development at 70-86 Lynn Williams Street to permit a 43-storey mixed-use building containing 588 rental units, demolishing the north half of the heritage building located on the 80-86 Lynn Williams Street portion of the site, and retaining the south half fronting onto Lynn Williams Street. On April 17, 2024, City Council refused the Zoning By-law Amendment application and the applicant appealed City Council's decision on the application to the Ontario Land Tribunal.

The City Solicitor requires further directions on this matter.  For reasons set out in Confidential Attachment 1 to this report, this matter is urgent and cannot be deferred.

The City Solicitor recommends that:

1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor.

2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor, and Confidential Appendix A, if adopted by City Council.

3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

An original Zoning By-law Amendment application for 4195 and 4221 Dundas Street West, and 556 - 564 Prince Edward Drive North was submitted to the City in March, 2016, and was appealed to the Ontario Land Tribunal on May 13, 2022. A subsequent Official Plan Amendment application was appealed to the Ontario Land Tribunal on September 26. 2022, with both appeals citing City Council's failure to make a decision on the applications within the time period prescribed under the Planning Act. A three-week hearing is scheduled to comments on October 28, 2024.

On April 21, 2023, with prejudice plans for a revised development proposal for a larger development of the site were submitted to the City for two mixed-use 14-storey towers on a six-storey base building, two nine-storey mid-rise residential buildings, and 19 townhouse units within three townhouse blocks (the "April 2023 Plans").

The April 2023 Plans were the subject of an Appeal Report at City Council at its meeting on October 11 and 12, 2023, and the City Solicitor and appropriate staff were directed by City Council to attend at the Ontario Land Tribunal to oppose the applications.

The City Solicitor requires further directions on this matter.  For reasons set out in Confidential Attachment 1 to this report, this matter is urgent and cannot be deferred.

The City Solicitor recommends that:

1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor.

2. City Council direct that the confidential recommendations contained in Confidential Attachment 1, all other information contained in Confidential Attachment 1, and all attachments to this report from the City Solicitor are to remain confidential at the discretion of the City Solicitor, as they contain advice and information which is subject to solicitor-client privilege.

On March 6, 2023 the City received a Zoning By-law and Official Plan Amendment application for 155 St. Dennis Drive (the "Site") to permit the construction of four (4) residential towers ranging in height between 42 to 56 storeys linked by a 2-storey base building. The development proposes 2,170 residential units, 135,413 square metres of residential gross floor area, and approximately 348 square metres of non-residential gross floor area. The application proposes that 5 percent of the residential gross floor area (approximately 6,771 square metres) would be allocated to affordable housing. The site has an overall area of 169,361 square metres, of which, the applicant proposes to develop 7,643 square metres of the site with residential towers, and the remainder of the lands, approximately 16 hectares, would be conveyed to a public agency as open space. A total of 405 vehicle parking spaces are proposed in 4 levels of underground parking. The application was deemed complete as of August 1, 2023.

City Council refused the applications at its meeting of November 8, 2023 and the applicant appealed that refusal (the "Appeal"), to the Ontario Land Tribunal on November 24, 2023.

The City Solicitor requires further directions for upcoming Ontario Land Tribunal hearings scheduled to begin March 31, 2025. For reasons set out in Confidential Attachment 1 this matter is urgent.

The City Solicitor recommends that:

1. City Council adopt the recommendations contained in Confidential Attachment 1 to this Report.

2. City Council direct that all information contained in Confidential Attachment 1 including the confidential recommendations therein and Confidential Appendix A are to remain confidential at the discretion of the City Solicitor as it contains advice and information which is subject to solicitor-client privilege.

On October 29-30, 2019, City Council authorized the expropriation of the leasehold interest in the property municipally known as 300 Commissioners Street (the "Property") which are lands comprised of approximately 1.83 hectares, for municipal purposes including the proposed extension of Broadview Avenue (the "Extension").

The Property is located in the Port Lands at the north-west corner of Commissioners Street and Bouchette Street. The Property is a part of a larger block bordered by Commissioners Street to the south, Bouchette Street to the east, Lake Shore Boulevard East to the north, and Saulter Street South to the west. At the time of the expropriation, the Property was designated General Industrial Areas by the former City of Toronto Official Plan. Since the expropriation, the Property has been redesignated by the Ontario Land Tribunal's approval of the Central Waterfront Secondary Plan and is now designated as Regeneration Area.

The Property was the subject of a ground lease at the time of expropriation. The landlord under the ground lease was the Toronto Economic Development Corporation. The expropriated tenant, Port Lands Land Co. Limited Partnership (the "Claimant"), has served a claim for compensation on the City pursuant to the Expropriations Act. A four-week hearing at the Ontario Land Tribunal has been scheduled to commence on September 16, 2024.

This report deals with litigation that affects the City and contains advice or communications that are subject to solicitor-client privilege. The purpose of this report is to seek further direction regarding the litigation and any potential resolution of the subject claim for compensation and the information in this regard are being provided as confidential material.

The City Solicitor recommends that:

1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor.

2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor, if adopted by City Council.

3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

The applicant applied to the Committee of Adjustment requesting variances from City-wide Zoning By-law 569-2013 related to minimum rear yard soft landscaping, the minimum distance between main walls of a townhouse and maximum floor space index (Application Number A0132/24TEY) (the "Application").

The Application seeks to alter the existing two-and-one-half-storey townhouse dwelling by constructing a rear three-story addition with rear ground-level stairs, and to legalize and maintain the existing rear stone patio.

On July 23, 2024, the Toronto and East York of the Committee of Adjustment refused the Application (Decision in Public Attachment 1). The applicant has appealed the refusal to the Toronto Local Appeal Body.

The Toronto Local Appeal Body has issued a notice of hearing for this matter; the deadline to seek party status for this matter is September 9, 2024, the deadline for expert witness statements is October 7, 2024, and the hearing is scheduled to proceed on November 13, 2024.

Direction from City Council is required on this matter.

The Interim Chief Planner and Executive Director, City Planning recommends that:

1. City Council approve the demolition of the building at 14 McKenzie Avenue, an "Unrated" structure in the South Rosedale Heritage Conservation District, in accordance with Section 42(1) 4 of the Ontario Heritage Act and the erection of a building in accordance with Section 42(1) 2 of the Ontario Heritage Act subject to the following:

a. City Council approve the replacement structure for 14 McKenzie Avenue as shown in the plans and elevations submitted by the applicant and prepared by Contempo Studio dated May 2024 and on file with the Senior Manager, Heritage Planning, and that the replacement structure be constructed substantially in accordance with the submitted plans;

b. That prior to the issuance of any heritage permit for the property at 14 McKenzie Avenue, including a demolition permit but excluding permits for interior work, repairs and maintenance, and usual and minor works for the existing "Unrated" building as are acceptable to the Senior Manager, Heritage Planning, the applicant provide the following to the satisfaction of the Senior Manager, Heritage Planning:

1. Photo documentation of the existing structure at 14 McKenzie Avenue.

2. Final building permit drawings for the replacement structure and a landscape plan consistent with the plans and elevations submitted by the applicant and prepared by Contempo Studio dated May 2024 and the South Rosedale Heritage Conservation District Plan.

This report recommends that City Council approve the demolition of a building located at 14 McKenzie Avenue within the South Rosedale Heritage Conservation District, and approve the design of a replacement house in accordance with Section 42(1) 2 and 42(1) 4 of the Ontario Heritage Act.

This property is designated under Part V of the Ontario Heritage Act and it is noted in the South Rosedale Heritage Conservation District Plan as being "Unrated". This means it is "not of national, provincial, citywide or contextual heritage significance," does "not contribute to the heritage character of South Rosedale" or is "too recent to be accurately evaluated for their heritage value." The South Rosedale Heritage Conservation District Plan allows for the demolition of an "Unrated" building provided that the replacement building design complies with the South Rosedale Heritage Conservation District plan guidelines for new buildings and the applicable zoning by-laws. The proposed new 2-storey detached house meets the general intent of the South Rosedale Heritage Conservation District Plan's guidelines and would not detract from nearby rated heritage buildings in the immediate context.

The proposed new building at 14 McKenzie Avenue is also the subject of a Minor Variance application which will be considered by the Committee of Adjustment after City Council has made a decision with respect to the required approvals under the Ontario Heritage Act. The recommendations contained within this report relate solely to approvals required under the provisions of the Ontario Heritage Act.

City Council will introduce General Bills and Confirming Bills.