Agenda

The Agenda and related materials for this meeting are enclosed.  The details of the meeting are noted at the top of the Agenda.

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.

The City video records Council, committee and community council meetings. If you make a presentation to a committee or community council, the City will be video recording you and City staff may make the video record available to the public. If you want to learn more about why and how the City collects your information, write to the City Clerk's Office, City Hall, 100 Queen Street West, Toronto ON M5H 2N2 or call 416-392-7032.

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

September 27, 2019.

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

- Declarations of Interest under the Municipal Conflict of Interest Act

City Council will confirm the Minutes from the regular meeting held on July 16, 17 and 18, 2019.

Report of the Executive Committee from Meeting 8 on September 18, 2019

Submitted by Mayor John Tory, Chair

Report of the Board of Health from Meeting 9 on September 23, 2019

Submitted by Councillor Joe Cressy, Chair

Report of the Civic Appointments Committee from Meeting 9 on September 17, 2019

Submitted by Deputy Mayor Denzil Minnan-Wong, Chair

Report of the Economic and Community Development Committee from Meeting 7 on September 5, 2019

Submitted by Councillor Michael Thompson, Chair

Report of the General Government and Licensing Committee from Meeting 7 on September 4, 2019

Submitted by Councillor Paul Ainslie, Chair

Report of the Infrastructure and Environment Committee from Meeting 7 on September 9, 2019

Submitted by Councillor James Pasternak, Chair

Report of the Planning and Housing Committee from Meeting 8 on September 17, 2019

Submitted by Councillor Ana Bailão, Chair

Report of the Etobicoke York Community Council from Meeting 8 on September 16, 2019

Submitted by Councillor Mark Grimes, Chair

Report of the North York Community Council from Meeting 8 on September 16, 2019

Submitted by Councillor James Pasternak, Chair

Report of the Scarborough Community Council from Meeting 8 on September 16, 2019

Submitted by Councillor Jim Karygiannis, Chair

Report of the Toronto and East York Community Council from Meeting 8 on September 16, 2019

Submitted by Councillor Gord Perks, Chair

New Business and Business Previously Requested submitted by City Officials

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 Executive Committee recommends that:

1.  City Council authorize the Chief Financial Officer and Treasurer to negotiate, enter into and execute a Transfer Payment Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing for the Province of Ontario, and any amendments as may be required, to receive funds from the Audit and Accountability Fund, in accordance with terms and conditions satisfactory to the Chief Financial Officer and Treasurer, and in a form acceptable to the City Solicitor.

This report seeks approval for the Chief Financial Officer and Treasurer to enter into a Transfer Payment Agreement with the Province to enable the City of Toronto to receive $500,000 from the Audit and Accountability Fund.

The Executive Committee recommends that:

1.  City Council amend its previous delegation of authority to Executive Committee to hold hearings into development charge complaints by delegating the authority to conduct hearings on complaints under both Section 20 of the Development Charges Act and Section 257.85 of the Education Act and Municipal Code Chapter 27, Council Procedures be amended accordingly.

From time to time the City receives complaints respecting the calculation of development charges and of education development charges pursuant to Section 257.85 of the Education Act. The legislation requires Council to hold hearings into those complaints and give the complainant an opportunity to make representations.

Council delegated the authority to conduct development charges complaint hearings to the Policy and Finance Committee in 2000. This authority was transferred to the Executive Committee when it replaced the Policy and Finance Committee and assumed its mandate in 2006. The City's practice has been to conduct education development charges complaint hearings concurrently. This report seeks to amend the delegated authority for Executive Committee to include hearings for both development charge and education development charge complaints.

The Executive Committee recommends that:  

1.  City Council approve the following amendments to the City Council-approved Investment Policy and adopt the amended Policy as set out in Attachment 1 to the report (September 4, 2019) from the Chief Financial Officer and Treasurer:
 

a.  the Investment Beliefs (Section 2.2) be enhanced to include recognition of Environmental, Social and Governance factors as material to risk/return outcomes;

b.  the Environmental, Social, and Governance Factors (Section 6.6) be strengthened by having investment managers consider the United Nations' 17 sustainable development goals which includes climate change; and

c.  Section 3.2 (b) (v) Investments in Pooled Funds, Mutual Funds, and other similar products be added to allow the Chief Financial Officer and Treasurer, at the Chief Financial Officer and Treasurer's discretion, to accept minor variations of the City's Investment Policy when compared to the standard terms in the policies of these funds.   

2.  City Council request the Toronto Investment Board and the Chief Financial Officer and Treasurer to develop a process to verify that external investment firms are in compliance with the terms of the Investment Policy governing Environmental, Social and Governance factors and that compliance with such process be reported to City Council semi-annually with the other information on investment returns and compliance with the policy.

The purpose of this report is to provide the following information:

1.  Performance of the Funds – for the year of 2018 and for the first quarter of 2019

2.  General Market Update and Benchmark Performance

3.  Recommendations for Investment Policy Changes

The City's investment portfolio that holds the City's working capital and the amounts designated for the City's reserves and reserve funds earned $156.5 million in 2018 and $39.4 million in the first quarter of 2019 (2.7 percent and 3.0 percent annualized respectively). 

The City's sinking funds portfolio that holds funds for future debt repayments earned $54.1 million in 2018 and $12.3 million in the first quarter of 2019 (3.2 percent and 3.1 percent annualized respectively).  

Since January 1, 2018, the City's investments have been managed by the Toronto Investment Board under a new Council adopted Investment Policy which is based on the prudent investor standard.

This report also responds to Council direction to review and report on sections of the Investment Policy with regard to Environmental, Social, and Governance factors and makes recommendations to enhance these sections.

The Executive Committee recommends that:

1.  City Council, in its capacity as Shareholder of Toronto Community Housing Corporation:

a. pursuant to Section 7.4.1(a) of the City's Amended and Restated Shareholder Direction to Toronto Community Housing Corporation approve the terms for the renewal of Term Loan 1 effective November 1, 2019 as described in the Ontario Infrastructure Loan letter dated September 6, 2018 addressed to Toronto Community Housing Corporation attached as Attachment 1 to the report (September 4, 2019) from the Chief Financial Officer and Treasurer (the Loan Extension) between Toronto Community Housing Corporation as "Borrower" and Infrastructure Ontario as "Lender" for a remaining term of 24 years; and

b. approve the extension of Toronto Community Housing Corporation’s mortgage subsidy for the 679 Queen's Quay West property, based on the current monthly mortgage payment, until November 1, 2043.

2.  City Council, in its capacity as shareholder of Toronto Community Housing Authority, authorize Toronto Community Housing Corporation to enter into a 24 year extension of the term of Term Loan 1 described in the original financing agreement between Toronto Community Housing Corporation and Infrastructure Ontario dated October 18, 2013, as previously amended, with respect to two Toronto Community Housing Corporation owned properties at 931 Yonge St. and 679 Queen's Quay.

3.  Subject to the satisfaction of the foregoing conditions, City Council authorize the Chief Financial Officer and Treasurer or delegate to execute on behalf of the shareholder amendments to the agreements among the City, Toronto Community Housing Corporation and Infrastructure Ontario which will provide for:

a. City consent to the amended terms and conditions of Term Loan 1; and

b. amended City guarantee for the repayment of all principal and interest payable by Toronto Community Housing Corporation to Infrastructure Ontario under the amended terms and conditions of Term Loan 1; on terms and conditions satisfactory to the Chief Financial Officer and Treasurer or delegate and in a form approved by the City Solicitor.

4.  City Council deem the foregoing guarantee to be in the interest of the City.

5.  City Council, authorize the General Manager, Shelter, Support, and Housing Administration to:

a. provide such Service Manager consents under the Housing Services Act, 2011 as are necessary to authorize the extended mortgage security to be provided to Infrastructure Ontario to secure Term Loan 1;

b. request all necessary third party waivers, consents or other authorizations which the Service Manager is required to seek in connection with the transactions contemplated by the attached Loan Extension; and

c. provide the necessary notice to the Minister of Municipal Affairs and Housing pursuant to Section 163 of the Housing Services Act, 2011.

6.  City Council authorize the City Manager or the Chief Financial Officer and Treasurer or delegate to execute and deliver such other notices, consents, authorizations, approvals and agreements on behalf of the City as shareholder or service manager in order to facilitate the refinancing of the Toronto Community Housing Corporation mortgages on the properties described in the Loan Extension, including, without limitation, amendments to the Operating Agreement between the City and Toronto Community Housing Corporation.

The Executive Committee considered Items EX8.4, EX8.8 and EX8.11 together.

This report recommends that Council approve the renewal and extension of a term loan and City guarantee for the repayment of principal and interest of mortgages for two Toronto Community Housing Corporation properties at 931 Yonge Street and 679 Queen's Quay West.

In 2018 Council approved an interim 1-year extension of the term loan and City's guarantee for the two mortgages, in order to allow more time to negotiate long-term financing terms for these properties. The extension facilitated the renewal of the five year mortgages originally taken out by Toronto Community Housing Corporation in 2013 (and set to expire in November 2018) by one additional year to November 1, 2019 with an outstanding previous balance of $13.4 million.

Toronto Community Housing Corporation has now secured favourable permanent financing renewal terms for these properties with Infrastructure Ontario for a 24 year term to match with the same maturity time frame as the other Toronto Community Housing Corporation mortgages renewed in 2018. The proposed terms require that the City provide an explicit guarantee to Infrastructure Ontario for repayment of the mortgages within this proposal.

This report has been prepared in consultation with staff from the Shelter, Support and Housing Administration and Toronto Community Housing Corporation.

The Executive Committee recommends that:

1.  City Council adopt the confidential instructions to staff contained in Confidential Attachment 2 to the report (September 4, 2019) from the Chief People Officer and the City Solicitor.

2.  City Council authorize the public release of Confidential Attachment 2 to the report (September 4, 2019) from the Chief People Officer and the City Solicitor at the discretion of the City Solicitor following the final resolution of the matter.

3.  City Council direct that Confidential Attachment 1 to the report (September 4, 2019) from the Chief People Officer and the City Solicitor remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

The Province legislated an increase in the minimum wage to $14.00 per hour, effective January 1, 2018.

In the CUPE Local 79 Recreation Worker's Part-time Unit wage schedule, Wage Grade one (the lowest wage grade) is paid at minimum wage, as per the Kaplan Award on Harmonization, Pay Equity and Job Evaluation for the Recreation Workers Part-time Unit. The increase in the minimum wage has resulted in all the job classifications in six wage grades that were formerly paid at different rates of pay being paid the same wage rate (i.e. minimum wage).

This report and Confidential attachments provide a recommendation to deal with the wage compression and address the wage schedule.

The Executive Committee recommends that:

1.  City Council endorse the Workforce Equity and Inclusion Plan as outlined in Appendix D to the report (September 4, 2019) from the Chief People Officer, focusing on the following three areas:

a.  Enabling Data Informed Decision-Making;
b.  Fostering a Culture of Engagement and Inclusion; and
c.  Embedding an Equity Lens throughout the Employee Life Cycle.

The report responds to Item 2018.EX30.28 headed Employment Accessibility at the City of Toronto and builds on Item 2018.EX35.5 headed Fostering Diversity in the Toronto Public Service which outlines a comprehensive Workforce Equity and Inclusion Plan for accelerating progress towards the City's goal of representing at all levels of the organization, the diversity of the population the City serves, as well as building an inclusive workplace culture. The City's Workforce Equity and Inclusion Plan will be achieved by focusing on the following three areas:

a.  Enabling Data Informed Decision-Making
b.  Fostering a Culture of Engagement and Inclusion
c.  Embedding an Equity Lens throughout the Employee Life Cycle

The Executive Committee recommends that:

1.  City Council direct the Chief People Officer, People and Equity to develop a City of Toronto Gender Equity Strategy and report to City Council with the strategy in the fourth quarter of 2021.

2.  City Council express its support for establishing a Gender Equity Unit in 2020 within People and Equity at the City of Toronto to develop the Gender Equity Strategy.

3.  City Council direct the City Manager to include the new and enhanced request of $283,132 gross and net for the establishment of 2 permanent full-time positions to staff the Gender Equity Unit within People and Equity and $50,000 gross and net to conduct Community Consultations, for a total of $333,132 gross and net in the City Manager's Office 2020 Budget Submission for consideration as part of the 2020 Operating Budget process.

This report responds to 2018.MM44.14, Creating an Intersectional Gender Equity Strategy and Gender Equality Office for Toronto. It seeks approval of the plan outlined in this report to develop a Gender Equity Strategy for advancing an intersectional gender-based lens into City programs and services, and internal workforce initiatives, along with the establishment of a Gender Equity Unit to lead the development and ongoing sustainment of the strategy.

Several cities around the world have initiatives and/or strategies to embed a gender-based analysis into local municipal service planning and programs (see Appendix A for a jurisdictional scan).

Gender inequities still persist in Toronto as evidenced by research and the experiences of diverse women, girls, trans and non-binary people (see Appendix B for a profile of gender inequities in Toronto). A Gender Equity Strategy would demonstrate the City of Toronto's commitment to eliminating intersectional gender inequities experienced by Torontonians, allow for the development of new partnerships to shift the landscape, and track progress on reducing and/or eliminating gender inequities in the city, while ensuring public transparency and accountability.

This report recommends the establishment of a Gender Equity Unit within People and Equity to lead the development of the strategy in the following areas:

- develop tools and strategies for addressing intersectional gender equity in key areas such as housing, shelter, governance, transit planning, recreation, urban planning, youth, violence against women, affordable child care and budgeting;

- work with People and Equity's recently established Equity and Inclusion Advisory Group to inform the development of the strategy;

- further integrate a more fulsome intersectional gender equity analysis within the City's annual Equity-Responsive Budgeting (Gender-Responsive Budgeting) process;

- align the Disaggregated Data Strategy with an intersectional gender equity lens;

- solicit public input from diverse women, girls, trans and non-binary Torontonians to inform priorities, outcome measures and the establishment of an ongoing advisory committee;

- develop an educational program to ensure a consistent intersectional gender-based framework is applied by City staff into program planning, service delivery, and policy development;

- develop a results-based accountability framework to measure progress; and

- identify and establish partnerships with key sectors.

The Executive Committee recommends that:  

1.  City Council, in its capacity as Shareholder of Toronto Community Housing Corporation approve pursuant to Section 7.4.1(a) of the City's Amended and Restated Shareholder Direction the Term Sheet regarding the National Housing Co-Investment Fund (the Term Sheet)  among Canada Mortgage and Housing Corporation, Toronto Community Housing Corporation and the City of Toronto (the City) in Attachment 1 to the report (September 10, 2019) from the Deputy City Manager, Community and Social Services and Chief Financial Officer and Treasurer.

 
2.  City Council authorize the Chief Financial Officer and Treasurer or delegate to execute the Term Sheet on behalf of the City.
 

3.  City Council authorize the Chief Financial Officer and Treasurer to execute a guarantee by the City in favour of Canada Mortgage and Housing Corporation of the loan repayment obligations of Toronto Community Housing Corporation to Canada Mortgage and Housing Corporation under the financing agreement (Agreement) contemplated by the Term Sheet upon terms and conditions satisfactory to the Chief Financial Officer and Treasurer and in a form satisfactory to the City Solicitor.
 

4.  City Council authorize the General Manager, Shelter, Support and Housing Administration to execute any consents of the City as Service Manager that may be required under the Housing Services Act for the transactions under the Agreement.

 
5.  City Council consent pursuant to section 453.1 of the City of Toronto Act, 2006 to any mortgage security required by Canada Mortgage and Housing Corporation over properties that are subject to a restriction on encumbrances under section 453.1 of the City of Toronto Act, 2006 or the former provisions of The City of Toronto Act, 1975 (2) or the City of Toronto Act, 1988 (2).
 

6.  City Council as shareholder and guarantor, direct Toronto Community Housing Corporation to obtain the approval of the Chief Financial Officer and Treasurer and the Deputy City Manager, Community and Social Services of the terms and conditions of the Agreement prior to execution.
 

7.  City Council authorize the Deputy City Manager, Community and Social Services or delegate to execute such other agreements, consents, approvals and notices that may be required or convenient to carry out Council's decision.

 
8.  City Council direct Toronto Community Housing Corporation to enter into an agreement with the City as shareholder and guarantor to report to the General Manager, Shelter, Support and Housing Administration and the Executive Director, Housing Secretariat on projects proposed to be funded by forgivable or repayable loans, sources of funding for co-investment, forecasted construction procurement, commencement and completion schedules and compliance with National Housing Co-Investment program criteria and requirements; and to consult with the City to ensure continuing access to program funding and compliance with the Agreement terms and conditions, all on terms and conditions satisfactory to the General Manager, Shelter, Support and Housing Administration and the Executive Director, Housing Secretariat and in a form satisfactory to the City Solicitor.

 
9.  City Council direct that Confidential Attachment 1 to the report (September 10, 2019) from the Deputy City Manager, Community and Social Services and the Chief Financial Officer and Treasurer remain confidential in its entirety until such time as Canada Mortgage and Housing advises the Deputy City Manager, Community and Social Services or delegate that the same may be disclosed to the public.

The Executive Committee considered Items EX8.4, EX8.8 and EX8.11 together.

On April 5, 2019, the federal government announced a commitment of $1.34 billion in funding over nine years under the National Housing Co-Investment Fund to repair and renew Toronto Community Housing Corporation's aging social housing portfolio.

In order to activate this federal investment which is proposed to be provided to Toronto Community Housing Corporation through a combination of forgivable loans and repayable loans, this report seeks Council approval of the terms and conditions under the proposed Term Sheet (outlined in Confidential Attachment 1). The parties under the proposed Term Sheet are the City as guarantor, Toronto Community Housing Corporation as the borrower and the federal government through Canada Mortgage and Housing Corporation as lender.

The City and Toronto Community Housing Corporation are well-positioned to deploy the funding within the terms proposed by Canada Mortgage and Housing Corporation. Implementation will take place over nine years and will include the repair and renewal of the entire Toronto Community Housing Corporation portfolio comprising of 58,860 units.

Through this proposed partnership, the City will further its shared commitment with the federal government to improve the condition of Toronto Community Housing Corporation's portfolio and provide residents with access to safe, well-maintained and affordable homes.

The Executive Committee recommends that:

1.  City Council authorize a draw of up to $8.4 million from the National Child Benefits Support Reserve Fund to establish a new temporary City benefit (the Temporary Family Housing Benefit) for Ontario Works families to be administered by Toronto Employment and Social Services for up to six (6) months, effective November 1, 2019, and focused housing support provided by Shelter, Support and Housing Administration.

2.  City Council authorize an in-year budget adjustment to the 2019 Approved Operating Budget for Toronto Employment and Social Services of $2.0 million gross and zero net, with funding to be drawn from the National Child Benefits Support Reserve Fund.

3.  City Council authorize an in-year budget adjustment to the 2019 Approved Operating Budget for Shelter, Support and Housing Administration of $133,300 gross and zero net, and a complement increase of eight (8) temporary positions, with funding to be drawn from the National Child Benefits Support Reserve fund.

4.  City Council direct the General Manager, Shelter, Support and Housing Administration, as part of ongoing discussions with both the Province of Ontario and the Government of Canada over the increased demand for City shelter services by refugee claimants, to seek additional and specific funding to alleviate the financial pressures caused by the elimination of the Transition Child Benefit.

5.  City Council request the Province of Ontario and the Government of Canada to immediately fund the Transition Child Benefit to prevent increased pressure on Toronto's shelter system. 

6.  City Council request the Province of Ontario to adopt the Temporary Family Housing Benefit as a permanent provincially-funded program to provide continued support to families experiencing financial pressures caused by the elimination of the Transition Child Benefit. 

As signaled in the 2019 Ontario Budget, effective November 1, 2019, all Transition Child Benefit payments for current social assistance recipients will end and no new applicants will be eligible to receive the benefit. Currently, eligible families in receipt of Ontario Works receive up to $230 per month/per child to assist with the costs of basic necessities (food, clothing, etc.) for children. The elimination of Transition Child Benefit will significantly impact families who are ineligible for federally administered Canada Child Benefits due to their status in Canada (i.e. refugee claimants); and any Ontario Child Benefit due to their previous year's income reported on their income tax return (e.g. applicants who lose their job and then apply for social assistance).

The loss of Transition Child Benefit for families will have a significant "ripple effect" on housing outcomes, with: (1) families in shelters becoming unable to leave the shelter system; (2) families who have left the shelter system becoming unable to maintain their housing and returning to shelters; and (3) families in private market rentals who cannot afford their rent facing homelessness. Together, these impacts will pose a significant challenge for Toronto's emergency shelter system, which is already at full capacity. If no action is taken to prevent homelessness and divert families from the shelter system, significant costs to the City are anticipated.

The proposed Temporary Family Housing Benefit and accompanying measures recommended in this report will help families who are housed and impacted by the elimination of Transition Child Benefit to maintain existing housing and/or relocate to more affordable housing. In doing so, the Temporary Family Housing Benefit will reduce health and safety risks to families in housing who would otherwise face additional housing pressures including risk of eviction; reduce disruption during the school year so that children do not face additional challenges; and alleviate additional pressures that would otherwise be placed on the City's emergency shelter system during the already high-demand winter months, potentially saving the City's shelter system millions of dollars depending on how many impacted families could otherwise lose their housing this winter.

The Executive Committee recommends that:

1.  City Council authorize the reallocation of cashflows within Toronto Water's approved 2019 Capital Budget and  2020-2028 Capital Plan in the amount of $28.510 million, for acceleration and deferral of projects, as presented in Schedule A (Part A and B) to the report (August 22, 2019) from the General Manager, Toronto Water, with a zero Budget impact.

2.  City Council authorize the reallocation of project costs and cashflows in Toronto Water's approved 2019 Capital Budget and 2020-2028 Capital Plan in the amount of $13.976 million from projects that have been awarded under budget or completed to those requiring additional funding in the same amount as presented in Schedule A (Part C) to the report (August 22, 2019) from the General Manager, Toronto Water, with a zero Budget impact.

This report requests City Council's authority to amend Toronto Water's Approved 2019 Capital Budget and 2020-2028 Capital Plan by adjusting project cash flows contained within the Budget and Plan, respectively, to align forecasted project accelerations and deferrals. Additional reallocations to project cashflows and project costs are requested where additional project costs exceed the current approved cashflow. These reallocations will allow Toronto Water to continue to deliver projects within its capital plan. The adjustments will have a zero dollar impact on the 2019 Capital Budget and 2020-2028 Capital Plan and will align the budget and plan with Toronto Water's capital project delivery schedule and program requirements.

The Executive Committee recommends that:

1.  City Council amend the 2019-2028 Council Approved Capital Budget and Plan for the Facilities, Real Estate, Environment and Energy program to add a new project with total project cost and cash flow in 2020 of $28.0 million funded from recoverable debt for the purpose of providing a 2.6 percent interest bearing loan to Toronto Community Housing Corporation to be repaid to the City over a term of 20 years.

2.  City Council authorize the Deputy City Manager, Corporate Services to enter into an agreement with Toronto Community Housing Corporation for a $38.0 million Sustainable Energy Plan Financing loan on terms and conditions satisfactory to the Deputy City Manager, Corporate Services and in a form satisfactory to the City Solicitor. 

3.  City Council authorize the Deputy City Manager, Corporate Services to release funds to Toronto Community Housing Corporation in multiple installments, each contingent on the completion of significant pre-established milestones.

The Executive Committee:

1. Requested the Deputy City Manager, Corporate Services, in consultation with Toronto Community Housing Corporation, to report to the City Council meeting on October 2 and 3, 2019 with a list of the 39 Toronto Community Housing Corporation buildings.

The Executive Committee considered Items EX8.4, EX8.8 and EX8.11 together.

Toronto Community Housing Corporation is undertaking a comprehensive $63.9 million installation of Combined Heat and Power generators in thirty-nine (39) Toronto Community Housing Corporation buildings throughout the City of Toronto.  It will create a resilient network of sustainable buildings that will act as a safe haven to shelter residents in place as well as offer shelter to the local community when power is not accessible from the electricity system with most major systems within the buildings remaining operational during a power outage.

Through the City's Sustainable Energy Plan Financing program, Toronto Community Housing Corporation has requested a low-interest repayable loan of $38.0 million to fund 59 percent of the project. The remaining $25.9 million will be funded by an $8.9 million incentive from the Independent Electricity System Operator and $17.0 million from Toronto Community Housing Corporation's capital budget.

The purpose of this report is to seek Council approval to increase the 2019-2028 Council Approved Capital Budget and Plan for Facilities, Real Estate, Environment and Energy by $28.0 million for a new capital project with 2020 cash flow funded from debt repayable by the Toronto Community Housing Corporation, utilizing energy savings generated from the proposed energy retrofit project for loan repayment. The remaining $10.0 million will be disbursed to Toronto Community Housing Corporation in 2019 utilizing available 2019 Council Approved TransformTO recoverable debt capital budget. The project requires approval in advance of the 2020 budget process in order for Toronto Community Housing Corporation to proceed with the project in 2019.

This initiative aligns with a number of the City of Toronto's Resiliency Strategy Goals including Home Resilience, Vertical Resilience, and Leading a Resilient City, all goals that support protecting the most vulnerable residents from the impacts of climate change. It also supports TransformTO directives to reduce greenhouse gas emissions in the City as a whole by 80 percent by 2050.

The Executive Committee recommends that:

1.  City Council approve in-year budget adjustments to the 2019-2028 Approved Capital Budget and Plan as detailed in Appendix 4 to the report (August 22, 2019) from the Chief Financial Officer and Treasurer that result in no incremental impact on debt financing.

The purpose of this report is to provide City Council with the City of Toronto capital spending for the six month period ended June 30, 2019, as well as projected actual expenditures to December 31, 2019. Furthermore, this report seeks Council's approval for in-year budget adjustments to the 2019 Approved Capital Budget that have no impact on 2019 approved debt.

As illustrated in Table 1 below, City's 2019 capital expenditure was $1.326 billion or 22.9 percent of the 2019 capital budget of $5.788 billion for the period ended June 30, 2019 and is projecting to expend $4.220 billion or 72.9 percent by December 31, 2019.

Table 1 - Capital Variance Summary

The spending pattern for the first half of the year is typically around 20 percent of the total Council Approved Capital Budget.

Total City projected spend of 72.9 percent by year-end is comprised of a Tax Supported Programs spending rate of 69.1 percent and a Rate Supported Programs spending rate of 88.5 percent. The projected year-end spending rates presented in this report are based on the submissions from each Program and Agency, and as such, the preparation of this report has been based on this information.

The report also details the 45 completed capital projects that have a combined budget of $143.4 million that are ready to be closed. They have been completed under budget, realizing underspending of $8.6 million.

The Executive Committee recommends that:

1.  City Council approve the transfer of $0.064 million from Policy, Planning, Finance and Administration's Vehicle Reserve (XQ1401) to City Clerk's Vehicle Reserve (XQ1401) to finalize the transfer of internal mail function from Policy, Planning, Finance and Administration to City Clerk's related to courier services.

2.  City Council approve the budget adjustments and any associated complement changes detailed in Appendix D to the report (August 26, 2019) from the Chief Financial Officer and Treasurer to amend the 2019 Approved Operating Budget, such adjustments to have no impact on the 2019 Approved Net Operating Budget of the City.

3.  City Council direct that Confidential Attachment 1 to the report (August 26, 2019) from the Chief Financial Officer and Treasurer remain confidential in its entirety, as it involves the security of property belonging to the City of Toronto.

The purpose of this report is to provide City Council with the Operating Variance for the six months ended June 30, 2019 as well as projections to year-end. This report also requests City Council's approval for amendments to the 2019 Approved Operating Budget that have no impact on the City's 2019 Approved Net Operating Budget.

The following table summarizes the financial position of the City's Tax Supported Operations as of June 30, 2019 and the projection at year-end:

Table 1 - Tax Supported Operating Variance Summary

* In accordance with the Building Code Act, any surplus from Toronto Building must be contributed to the Building Code Act Service Improvement Reserve Fund.

Year-to-Date and Year-End Spending Results:

As noted in Table 1 above, for the six months ended June 30, 2019 Tax Supported Operations experienced a favourable net variance of $188.5 million or 8 percent of planned expenditures. The key factors contributing to the favourable year-to-date variance are:

- Year-to-date net under expenditure in City Operations is primarily due to lower than planned salary and benefits, as well as higher than planned revenue in Fire Services, Municipal Licensing and Standards, and Toronto Building. Favourable year-to-date variance was partially offset by over spending in Shelter, Support and Housing Administration.
 

- Lower than planned gross expenditures in Toronto Zoo and Toronto Transit Commission.
 

- Favourable revenue from Interest/Investment Earnings and Municipal Land Transfer Tax, as well as lower than planned Debt Charges.

 
For year-end, the City is projecting a net favourable variance of $112.3 million or 3 percent of the 2019 Approved Operating Budget that is partially offset by Shelter, Support and Housing Administration due to continued high demand for Hostel Services.

An overview of the key variance drivers can be found in the "Comments" section of this report as well as in a detailed summary provided in Appendix E.

Rate Supported Programs:

Rate Supported Programs reported a favourable year-to-date variance of $47.3 million. The favourable variance is attributed to gross under expenditures in salary and benefits, earlier than planned receipt of revenue, and one-time capital gain from the sale of property. At year-end, a favourable projected variance is anticipated to be $32.6 million that is primarily driven by gross under spending in Toronto Water.

Rate Supported Programs are funded entirely by the user fees that are used to pay for the services provided and the infrastructure to deliver them. Solid Waste Management Services and Toronto Water's respective year-end surpluses, if any, must be transferred to the Wastewater and Water Stabilization Reserves and Waste Management Reserve Fund, respectively, to finance capital investments and ongoing operations.

Table 2 - Year-To-Date Rate Supported Operating Variance Summary

The Executive Committee recommends that:

1.  City Council authorize the deferral and acceleration of funds in Information and Technology's 2019 Council Approved Capital Budget and 2020-2028 Capital Plan in the amount of $642,558, as detailed in Schedule A to the report (August 22, 2019) from the Acting Chief Information Officer, Information and Technology, with a zero gross and net debt impact.

2.  City Council request the Chief Technology Officer, Information and Technology, in consultation with the City Clerk, to include offices of Members of Council in the implementation of the City's Cloud-First approach to modernize to more cloud services, including all productivity tools.

The purpose of this report is to amend Information and Technology's 2019 Council Approved Capital Budget and 2020-2028 Capital Plan. The amendments will have a zero gross and net debt impact and will better align 2019 and future cash flows with Information and Technology's capital project delivery schedule and program requirements.  These changes do not affect individual project deliverables, schedules and/or scope.

The Executive Committee recommends that:

1.  City Council authorize the deferral and acceleration of projects in Parks, Forestry and Recreation's 2019 Council Approved Capital Budget and future year commitments in the amount of $10.811 million, as included in Appendix 1 to the report (August 19, 2019) from the General Manager, Parks, Forestry and Recreation, with no debt impact.

2.  City Council authorize amendments to increase project costs and cash flows within the Parks, Forestry and Recreation's 2019 Council Approved Capital Budget and future year commitments in the amount of $2.143 million, as included in Appendix 2 to the report (August 19, 2019) from the General Manager, Parks, Forestry and Recreation, with no debt impact.

The purpose of this report is to request authority from City Council to amend the 2019 Council-Approved Capital Budget and 2020-2028 Capital Plan for Parks, Forestry and Recreation by adjusting project costs and cash flows contained within the 10-Year Capital Plan. These adjustments will align cash flows for capital project delivery schedules and program requirements and as a result, will have no impact to the timing of debt requirements. Reallocations to cash flows and project costs are also requested where recent project bids exceed the current approved cash flow or alternatively to advance projects into 2019 that are ready to proceed.

The Executive Committee recommends that:

1.  City Council authorize the reallocation of project costs and cash flows in Solid Waste Management Services' Approved 2019 Capital Budget and 2020-2028 Capital Plan in the amount of $4.109 million from projects that have been awarded under budget or delayed to those requiring additional funding in the amount as presented in Schedule A to the report (August 22, 2019) from the General Manager, Solid Waste Management Services with a zero budget impact.

This report requests City Council's authority to amend Solid Waste Management Services' Approved 2019 Capital Budget and 2020-2028 Capital Plan by adjusting project cost and cash flows contained within the Budget and Plan, respectively, to align forecasted project accelerations and deferrals.  Additional reallocations to project cash flows and project costs are requested where recent project bids or estimates exceed the current approved cash flow.  These reallocations will allow Solid Waste Management Services to continue to deliver projects within its capital plan.  The adjustments will have a zero dollar impact on the 2019 Capital Budget and 2020-2028 Capital Plan and will align the budget and plan with Solid Waste Management Services' capital project delivery schedule and project requirements.

The Executive Committee recommends that:

1.  City Council amend the Transportation Services' Approved 2019 Capital Budget to reallocate funds in the amount of $1.235 million gross for funding of projects with a zero budget impact, as presented in Attachment 1 to the report (August 22, 2019) from the General Manager, Transportation Services.

2.  City Council amend the Transportation Services' Approved 2019-2028 Capital Budget and Plan to reallocate cash flows in the amount of $96.185 million gross from 2019 to 2020 and beyond with a zero budget impact to the approved ten year budget and plan, as presented in Attachment 2 to the report (August 22, 2019) from the General Manager, Transportation Services.

This report requests City Council's authority to amend Transportation Services' Approved 2019 Capital Budget and 2020-2028 Capital Plan by reallocating cash flows within the 2019 Budget and ten year Capital Plan.

These reallocations will have a zero budget impact to the Transportation Services' Approved 2019-2028 Capital Budget and Plan and will align program requirements and project delivery schedules resulting in improved spending rates.

The Executive Committee recommends that:

1.  City Council increase the 2019 Operating Budget for the Toronto Police Service by $4.5 million gross and $0 net to fund the Project Community Space program, with increased gross expenditures offset by $3.0 million in added revenue from a combination of $3.0 million in increased Federal and Provincial funding and a one-time draw of $1.5 million from the City's Tax Stabilization Reserve. 

2.  City Council request the City Manager to report back during the 2020 Budget Process on a requirement that any funding increases to the Toronto Police Services budget to address crime must be matched with funding of twice that amount to programs and services that address the root causes of violence and poverty reduction.

3.  City Council request the City Manager to report back during the 2020 Budget Process on opportunities for partnerships with existing agencies to fund programs and services that address the root causes of violence and poverty reduction.

4.  City Council, in light of the recent spate of gun violence, request the Federal Government to reconsider City Council's request in Item 2018.CC44.14 "Immediate Steps to Address Gun Violence" to fund the unfunded applications under the National Crime Prevention Grant, totalling $26.2 million over the next 5 years, and City Council request the City Clerk to forward this request to all Toronto Members of Parliament.

The Executive Committee considered Items EX8.20 and EX8.26 together.

Over the last several weeks we have seen a spike in gun violence in Toronto that is deeply troubling and absolutely unacceptable.

The Government of Canada, the Government of Ontario, and the City of Toronto are all committed to stopping gun violence. That commitment includes ensuring that our police officers have the resources they need to keep neighbourhoods safe.

One of my principal priorities as Mayor has been to work with other governments in order to deliver on our priorities and get results for the people of Toronto. That is why I brought all three levels of government together to provide $4.5 million to the Toronto Police Service to help fund additional initiatives to address the current violence. As you know by now, Chief Saunders has outlined, as appropriate, how those resources will be deployed.

The other governments agreed to provide funding to support immediate police efforts to keep communities safe and to help redouble efforts to prevent criminal activity and combat the activities of street gangs.

By way of this letter, I am asking the Committee to approve a $1.5 million contribution to the Toronto Police Service's budget (our share of the $4.5 million total) in order to assist Chief Mark Saunders in the deployment of additional resources to help reduce further violent incidents.

This additional funding is an important step in addressing a need to keep our streets safe. As Mayor I am continuing to work with my counterparts at the federal and provincial governments to obtain additional resources for the purposes of investing in communities to address the roots of violence and I continue, as agreed by City Council, to advocate for changes to our laws to strengthen penalties for those caught engaging in gun violence or gun trafficking.

I look forward to working collaboratively with many of you during this term and beyond to continue to develop productive public policy tools that can reduce gun violence in our city.

The Executive Committee recommends that:

1.  City Council request the Chief Financial Officer and Treasurer to report to City Council for consideration as part of the 2020 Budget Process on the feasibility of exempting all operating and capital costs related to Accessibility for Ontarians with Disabilities Act compliance and accessibility initiatives from any 2020 proposed efficiency savings.

2.  City Council direct the Executive Director, Financial Planning, in consultation with People and Equity and other relevant Divisions, to:

a.  conduct research on and determine the feasibility of options for a centralized budget/fund for all accessibility-related accommodations and initiatives including but not limited to, employee accommodation costs, American Sign Language interpretation, note-taking services and captioning services; and

b.  provide an update on potential options and next steps to the Toronto Accessibility Advisory Committee at a future Committee meeting in 2019.

In 2017, the Toronto Accessibility Advisory Committee recommended to City Council that all operating and capital costs related to Accessibility for Ontarians with Disabilities Act compliance and accessibility initiatives be exempt from the 2018 budget targets. (Item DI15.8: 2018 Budget Process - (EX25.18)). City Council voted against the Committee's recommendation. Currently, City divisions are responsible for allocating costs of all Accessibility for Ontarians with Disabilities Act compliance and accessibility within their individual divisional budgets. As a result, the Committee is concerned that divisions may be less likely to be motivated to hire employees with disabilities or provide service to individuals requiring accommodations for fear that related costs whether real or perceived will exceed their allotted budget. In addition, for divisions with smaller budgets, this disincentive is greater.

A special or separate centralized fund for Accessibility for Ontarians with Disabilities Act compliance and accessibility-related expenses would ensure that accessibility measures are implemented across all divisions in a non-discriminatory manner. Pooling costs removes or at least reduces systemic barriers and biases against implementing accessibility measures or hiring individuals with disabilities.

A centralized fund or budget for Accessibility for Ontarians with Disabilities Act compliance and accessibility initiatives would align with the Ontario Human Rights Commission Policy on Ableism and Discrimination Based on Disability, Section 9.3 Minimizing undue hardship which states:

"...The costs of accommodation must be distributed as widely as possible within the organization so that no single department, employee, customer or subsidiary is burdened with the expense. The appropriate basis for evaluating the cost is based on the budget of the organization as a whole, not the branch or unit where the person with a disability works or has made an application..."

The Executive Committee recommends that:

1.  City Council request the Toronto Transit Commission to request the Head of Wheel-Trans to make a presentation to the Toronto Accessibility Advisory Committee prior to the end of 2019 to provide an update on the Wheel-Trans appeal process and corresponding accessibility and communication improvements based on the comments made by Toronto Accessibility Advisory Committee members at its meeting on June 20, 2018.

2.  City Council request the Toronto Transit Commission to request the Head of Wheel-Trans to make a presentation and seek feedback from the Committee prior to the end of 2019 on the upcoming re-registration of all Wheel-Trans customers to determine their new eligibility based on the Accessibility for Ontarians with Disabilities Act.

On June 20, 2018, the Toronto Accessibility Advisory Committee received for information a presentation by the Project Lead, Customer Service and Assistant Manager, Customer Service, Wheel-Trans on an update to the Wheel-Trans Appeal Process.

http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2018.DI20.4

During the course of the meeting, the Committee made several requests for accessibility and communication improvements as well as to confirm from Wheel-Trans that all customers with conditional eligibility are still eligible for door-to-door service until such time as the Toronto Transit Commission is fully accessible in 2025.

That Executive Committee forwards the item to City Council without recommendations.

The Executive Committee:

1.  Requested the Executive Director, Social Development, Finance and Administration to review the outstanding grant requests to the National Crime Prevention Strategy Fund and determine which initiative will make the most meaningful impact to reduce gun violence and the City's long-term Community Safety and Wellbeing Plan, and report directly to City Council at its meeting on October 2 and 3, 2019.

The Executive Committee considered Items EX8.20 and EX8.26 together.

In response to a recent spike in gun violence, the Government of Canada and the Government of Ontario committed $3 million to the Toronto Police Service to help fund the deployment of additional resources. I have requested through the City's budget committee that the City match each government's commitment and contribute $1.5 million to the Toronto Police Service's budget.

We know that violence cannot be solved through policing alone. I have often said that we also need to change our bail system and we need to invest in communities.

In 2018, City Council approved a request to the Federal Government to fund community programs aimed at youth at risk of joining or who are currently members of a gang. The Federal government has confirmed funding for one initiative but several requests are outstanding.

In the interest of investing in communities most impacted by violence, I am asking that City staff review the outstanding requests and identify which program should be prioritized for potential City funding.

The Board of Health recommends that:

1.  City Council increase the Toronto Public Health 2019 Operating Budget by $2,111.0 thousand gross, $0 net, and 52 permanent positions to be used for pre-implementation and implementation costs associated with delivering the Ontario Seniors Dental Care Program.

At its meeting on September 3, 2019, the Board of Health Budget Committee considered Item HU3.3, Enhancement to Toronto Public Health's 2019 Operating Budget for the Ontario Seniors Dental Care Program.

The Civic Appointments Committee recommends that:

1.  City Council appoint Elizabeth Sisam to the Toronto Preservation Board, at pleasure of Council, for a term of office ending October 4, 2023, and until a successor is appointed.

Candidate's biography:

Elizabeth Sisam

Elizabeth Sisam OAA, FRAIC, has over thirty-five years of planning experience in the institutional sector and has been in private practice for over 30 years. Her experience includes development and oversight of master plans, including heritage considerations and capital development, negotiations with local municipal authorities on zoning matters and land use planning focussing on campus and community planning and design issues, accessibility, and on the design review of capital projects.

This report recommends the appointment of 1 public member to the Toronto Preservation Board to fill a vacancy due to a recent resignation.

The Civic Appointments Committee recommends that:

1. City Council appoint Kaya Pino to the Toronto Music Advisory Committee, at pleasure of Council, for a term of office ending on November 14, 2022.

Candidate's biography:

Kaya Pino

Kaya grew up amongst music, culture and the arts in downtown Toronto - she incorporates this diverse background in her work providing her with a unique perspective. Beginning her career in advertising Kaya worked on tier one Canadian brands learning different aspects of media, new technology and branding. Leaving advertising to pursue a more creative space Kaya found her dream job as a Music Supervisor with Supergroup Sonic Branding Co. Entering into her third year with the company Kaya works on variety of projects across film, advertising and television. Recently Kaya wrapped the second season of International Emmy nominated series How To Buy a Baby featuring Canadian emerging artists. This year in advertising her most notable work was on TD Canada Trust’s music campaign featuring artists Weaves and Clairmont The Second. Through her participation on panels and other speaking engagements Kaya educates both the film and music industry on Music Supervision while also fostering relationships with up-and-coming talents.

The purpose of this report is to have City Council appoint one (1) member of the public to the Toronto Music Advisory Committee to fill a current vacancy due to a recent resignation.

The Civic Appointments Committee recommends that:

1. City Council appoint the following candidates to the Toronto Francophone Affairs Advisory Committee, at pleasure of Council, for a term of office ending on November 14, 2022:

Lise Béland

Carlo Handy Charles

Dada Gasirabo

Isabelle Girard

Youssouf Kalogo

Marcelle Lean

Dominic Mailloux

Serge Paul

2.  City Council direct that the balance of Confidential Attachment 1 to the report (September 12, 2019) from the General Manager, Economic Development and Culture remain confidential as it relates to personal matters about identifiable individuals being considered for appointment to the Toronto Francophone Affairs Advisory Committee.

Candidates' biographies:

Lise Béland

Lise Béland in an expert in leadership, training, employment and strategic planning. She has a vast knowledge of organizing teams and developing well evaluated program delivery geared towards vulnerable youth and women. Lise has developed a strong network and partnership with municipal, provincial and federal governments, community, and employers in both the French and English public and private sector. Lise is the Vice President of Collège Boréal's Central Southwestern Ontario Region. She is a mentor and humanitarian.

Carlo Handy Charles

Carlo Handy Charles is a proud member and promoter of the Francophone community in Toronto. He is a Ph.D. student, and teaching and research assistant at McMaster University and the Université des Antilles, where he is currently researching on the politics of integration in Canada and France. He has been recently selected as one of the 20 Pierre Elliott Trudeau Foundation Scholars for 2019. He has a steady track record in public service, arts, and culture in Haiti, Venezuela, France, and Canada.

Dada Gasirabo

Dada Gasirabo is a fervent activist of the feminist movement. Dada worked in the settlement sector with Centre Francophone of Toronto, Sojourn House Shelter for Refugees as well as in the sector of violence against women with Oasis Centre des Femmes and Action Ontarienne Contre la Violence Faite aux Femmes(AOCvF). Dada is presently the Executive Director of Oasis Centre in Toronto. Dada is strongly committed to the empowerment of francophone women and the development of French services in Ontario.

Isabelle Girard

Isabelle is the Executive Director of the Association of French Public School Boards of Ontario. She is well known in the Francophone community. She held the position of Executive Director of Centres d'Accueil Héritage for almost 5 years after serving as Assistant ED for 4. She has solid knowledge of human and financial resources management, strategic planning & governance. A strong believer in the importance of getting involved, she has been on boards of several francophone organisations.

Youssouf Kalogo

Youssouf Kalogo has been living in Toronto for 15 years and has actively contributed to the activities of several Francophone organizations. He has been a member of the Board of Directors of Centre Francophone de Toronto since September 2016 and a member of the Executive Committee since September 2017. He chaired, from 2016 to 2018, the Parent Involvement Committee of the Conseil scolaire Viamonde. In 2017, he chaired the Planning Committee of Canada-Africa 3rd Annual Business Convention.

Marcelle Lean

A graduate from the Sorbonne and the University of Toronto in literature, languages (French, English, Spanish and Mandarin) and education, Marcelle Lean became a stage actress, a translator, a teacher/lecturer, a cultural leader before being an activist in the arts and education through her work in various local, provincial and federal boards and associations. Her multifaceted experience, focused on the Francophonie, led her to found Cinéfranco in 1997, which she continues to manage today.

Dominic Mailloux

Dominic is the Director of Human Resources for Bombardier Toronto site where he has worked since 2013. Since his arrival in the city, he has been heavily involved in the Francophone community through is engagement with Francophonie en fête, Québec Alumni and Club canadien de Toronto. He created Prix RelèveTO, a contest which recognizes and highlights Francophone professionals under 40 in the Greater Toronto area. He is the current President of Club Canadien de Toronto.

Serge Paul

Originally from France, Serge is a marketing and public relations professional. He works as a Community Liaison Officer for the Conseil scolaire Viamonde. Serge served on the Board of Directors of the French Chamber of Commerce in Toronto, the Peel-Halton Health and Service Center in Mississauga, and is now Co-Chair of the Toronto Police Community Advisory Committee and Chair of the Association des Communautés Francophone de l'Ontario à Toronto.

This report recommends the appointment of 8 individuals to the Toronto Francophone Affairs Advisory Committee.

The Economic and Community Development Committee recommends that:

1.  City Council receive the report (August 19, 2019) from the Fire Chief and General Manager, Toronto Fire Services for information.

This report provides a status update on the key initiatives that are paving the way for ongoing Toronto Fire Services (TFS) service delivery improvements, including progress made to-date on initiatives established as part of the TFS Transformation Plan (additional information is included in Attachment 1 - 2019 TFS Transformation Plan Update).

This report also responds to the March 7, 2019, City Council request for the Fire Chief and General Manager, Toronto Fire Services (TFS) to report back to the Economic and Community Development Committee (ECDC), prior to the 2020 Budget Process, on opportunities to develop strategies to enhance overall service delivery.

A number of initiatives arising from the TFS Transformation Plan are underway, including a comprehensive operational deployment and capacity review. The completion of this initiative and other Transformation Plan initiatives will enable TFS to make evidence and results-based recommendations for the future of TFS service delivery.

In March 2019, TFS achieved international CFAI (Commission on Fire Accreditation International) accreditation under the Centre for Public Safety Excellence, making Toronto the largest city in North America with an accredited fire service. The achievement of CFAI accreditation included the identification of opportunities and recommendations, which are informing ongoing service delivery and operational deployment review initiatives within Fire Services. These initiatives will inform recommendations for the enhancement of service delivery strategies, particularly as they relate to effective and efficient staff deployment.

Therefore, in order to provide City Council with evidence-based recommendations for future service delivery improvements, along with the most effective means of addressing both current and emerging fire safety risks and trends, the Fire Chief will defer these recommendations to the 2021 budget process. This will enable TFS to fully evaluate the impact of the changes currently underway. In advance of the 2021 budget process, the Fire Chief will report back to ECDC with strategies to enhance overall service delivery and address emerging and forecasted risks and needs of the growing city.

The Economic and Community Development Committee recommends that:

1.  City Council grant authority to the Fire Chief and General Manager, Toronto Fire Services to negotiate and execute a non-competitive contract with Zoll Medical Canada Inc. for the supply, delivery, and installation of 200 Zoll AED3 BLS Semi-Automatic defibrillators, related supplies, training equipment, and data management software licenses/subscriptions in the amount of $754,806, net of HST ($768,090, net of HST recoveries) on terms and conditions satisfactory to the Fire Chief and General Manager, Toronto Fire Services, and in a form satisfactory to the City Solicitor.

The purpose of this report is to seek City Council authority for the Fire Chief and General Manager, Toronto Fire Services (TFS) to negotiate and enter into a non-competitive agreement with Zoll Medical Canada Inc. (Zoll), for the supply and delivery of 200 Automated External Defibrillators (AED) to replace the existing equipment used by TFS' Operations, Training, and Technical Operations Divisions.

Each year TFS responds to approximately 1,300 suspected cardiac arrest patient incidents. The optimal life cycle of AEDs is generally 7-10 years of service. The current units are due for replacement as they are past their optimal life span of 10 years.

The purchase of Zoll branded defibrillators will maintain consistency with the equipment being used by Toronto Paramedic Services (TPS). The introduction of dissimilar equipment would result in delays in the transition of patient care from TFS to TPS. Maintaining standard equipment supports joint operations and emergency response by both TFS and TPS.

Further, continuing with Zoll branded equipment avoids additional costs that would arise as a result of compatibility issues with TFS' existing equipment (e.g. defibrillation pads, mannequins for training, data management software and licenses, etc.), also manufactured by Zoll.

City Council approval is required in accordance with Municipal Code Chapter 195 - Purchasing, where the current request exceeds the Chief Purchasing Official's authority of the cumulative five year commitment limit for each vendor 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 Economic and Community Development Committee recommends that:

1.  City Council authorize the Executive Director, Social Development, Finance and Administration, or her designate, to accept a donation of $0.25 million from Chris Brillinger to fund programs, services, initiatives and events in Regent Park in 2020 and 2021, in compliance with the City's Policy on Donations for Community Benefits.

2.  City Council authorize the Executive Director, Social Development, Finance and Administration, or her designate, to negotiate and sign a donor agreement for the $0.25 million donation from Chris Brillinger, on terms and conditions satisfactory to the City Solicitor.

3.  City Council authorize the Executive Director, Social Development, Finance and Administration, or her designate, to allocate, approve and disburse one-time grants within the Regent Park community as a result of this donation.

4.  City Council request the Executive Director, Social Development, Finance and Administration to report back to the Economic and Community Development Committee annually on the grants approved through authority provided in Recommendation 3.

The purpose of this report is to seek approval from City Council to accept a donation and enter into a donor agreement with Chris Brillinger, a Toronto resident, to fund programs, services, initiatives and events in Regent Park.

The report recommends that the Executive Director of Social Development, Finance and Administration, or her designate, be authorized to make one-time grants in line with the goals of the donation outlined by the donor.

The Economic and Community Development Committee recommends that:  

1.  City Council authorize the General Manager, Economic Development and Culture to negotiate and execute a three-year agreement with the Ontario Ministry of Economic Development, Job Creation and Trade for the delivery of Enterprise Toronto programming, including funding from the Government of Ontario in the amount of $1,000,175 in each of 2019, 2020 and 2021.

2.  City Council increase the 2019 Approved Operating Budget for Economic Development and Culture by $1,000,175 gross, zero net, fully funded by a grant from the Government of Ontario, conditional upon conclusion of an agreement with the Ontario Ministry of Economic Development, Job Creation and Trade.

3.  City Council direct the General Manager, Economic Development and Culture to include the Government of Ontario funding of $1,000,175 gross, zero net, towards the delivery of Enterprise Toronto programming in the 2020 and 2021 Operating Budgets submission for Council consideration.

This report seeks City Council's authorization to enter into a three-year funding agreement with the Ontario Ministry of Economic Development, Job Creation and Trade for Enterprise Toronto programming. Enterprise Toronto is a one-stop source to start and grow a small business, and is one of 48 provincially funded Small Business Enterprise Centres across Ontario. Enterprise Toronto is operated by the City of Toronto, Economic Development and Culture Division. The annual funding envelope of $1,000,175 in each of 2019, 2020 and 2021 will enable staff at Enterprise Toronto to support small businesses and start-up companies across the city.

The Economic and Community Development Committee recommends that:

1.  City Council receive the report (August 13, 2019) from the General Manager, Economic Development and Culture for information.

On May 9, 2019, Mayor John Tory, alongside Deputy Mayor Michael Thompson, Councillor Paula Fletcher and key City staff led a delegation of 30 Toronto screen industry companies and organizations to Los Angeles to strengthen existing relationships and foster new ones with Los Angeles’ leading film, television and digital media companies in order to secure more investment in Toronto.

The delegation, the largest to date for this mission, presented a unified voice for the jurisdiction and showcased Toronto’s commitment to growing the industry beyond the $2 billion it contributed to the city in 2018. Messaging from Mayor Tory, Deputy Mayor Thompson, Councillor Fletcher, City staff and delegates was focused on infrastructure growth, workforce development and customer service during this unprecedented golden age of content creation.

This report provides an overview of the Mayor’s Los Angeles Mission including key activities and outcomes.

The Economic and Community Development Committee recommends that:

1.  City Council receive the report (August 15, 2019) from the General Manager, Economic Development and Culture for information.

The attached Toronto Economic Bulletin summarizes the most recent data available for key economic indicators benchmarking the city's economic performance.

The Economic and Community Development Committee recommends that:

1.  City Council request the General Manager, Shelter, Support and Housing Administration to include in their 2020 base budget submission, $100,000 in community grant funding, an additional 8 street outreach workers, and the business case to expand the Eviction Prevention in the Community (EPIC) program; required to implement the recommendations from the Coroner's Inquests into the deaths of Grant Faulkner and Bradley Chapman.

This report is in response to City Council's direction at their meeting on June 18 and 19, 2019 that the General Manager, Shelter, Support and Housing Administration (SSHA), report on the actions taken by City divisions to respond to the recommendations from the Coroner's Inquests into the deaths of Grant Faulkner and Bradley Chapman.

The report outlines each of the recommendations from the two Coroner's Inquests directed to the City and notes the actions taken or planned for each division impacted by the recommendations.

The General Government and Licensing Committee recommends that:

1.  City Council receive the report (August 20, 2019) from the Controller for information.

This report provides information on the status of payments in lieu of taxes (PILTs) requested from federal, provincial, and municipal properties and identifies PILT payments from all levels of government that remain outstanding as at December 31, 2018. The status of outstanding PILTs is reported to Council annually in accordance with a recommendation from the Auditor General in 2015 (see Item AU4.3, Improving Controls Over Property Tax Assessments and Payment in Lieu of Taxes (PILTs).

PILTs are voluntary payments made to the City of Toronto by the federal, provincial, and municipal governments and agencies to compensate the City for municipal services it delivers to their properties. In most cases, government agencies pay the full amount of PILTs that the City requests. There may, however, be outstanding PILT amounts requested from federal, provincial, or municipal bodies that the Controller has concluded, in consultation with the City Solicitor, to be uncollectible. In these cases, the City of Toronto Municipal Code Chapter 71 (Financial Control) provides authority to the Controller, in consultation with the City Solicitor, to adjust for accounting purposes any outstanding receivables in respect of PILTs that have been determined unlikely to be paid.

No PILT receivables are being recommended for adjustment/write-off at this time.

The General Government and Licensing Committee recommends that:

1.  City Council approve payment of a one-time grant to Crow's Theatre in the amount of approximately $71,143.62 (such amount to be calculated in an amount equivalent to the property taxes, interest, and fees attributable to the 2016 taxation year for both 345 and 347 Carlaw Avenue for the portions of the properties that are occupied by the theatre and ancillary uses that are owing at the time of City Council's decision on this matter), with the grant amount to be funded from the City of Toronto's 2019 Tax Deficiency Account, subject to the following conditions:

a.  Crow's Theatre make payment in full of all outstanding property taxes, interest, penalties, and fees totalling approximately $56,945.55 as at July 31, 2019 for the properties located at 345 and 347 Carlaw Avenue that are attributable to the portion of the property at 345 Carlaw Avenue that is occupied by a restaurant and the new account fee levied against 347 Carlaw Avenue that remains payable; and

b.  the grant amount be applied directly to the property tax accounts to offset property taxes and other amounts payable.

2.  City Council deem the one-time grant to Crow's Theatre for the properties located at 345 and 347 Carlaw Avenue, as outlined in Recommendation 1, to be in the interest of the City of Toronto.

This report provides information with respect to outstanding taxes for Crow's Theatre located at 345 and 347 Carlaw Avenue.

In 2016, Crow's Theatre, through a collaboration with its lead sponsor, Streetcar, purchased two adjoining properties (345-347 Carlaw Avenue) at the northeast corner of Dundas Street East and Carlaw Avenue. Following a period of construction, Crow's Theatre opened its doors to the public in January 2017. Section 3 of the Assessment Act provides for a property tax exemption for small theatres for which Crow's Theatre is eligible since its opening, however, the Municipal Property Assessment Corporation (MPAC) has advised that the property tax exemption does not apply during the period of construction, as it was not being used as a theatre during this time.

Crow's Theatre was under the assumption that the exemption for the theatre would also apply during the time that these properties were under construction. They are in a difficult position for the 2016 taxation year, as these arrears are causing hardship and this situation may jeopardize their financial viability. Crow's Theatre has been in contact with their local Ward Councillor, MPAC, City staff from Economic Development and Culture as well as Revenue Services requesting financial relief for these taxes which remain unpaid.

This report provides a summary of Crow's Theatre's request and the issues and options available to Council, should the decision be made to address this request.

The General Government and Licensing Committee recommends that:

1.  City Council pass a By-law pursuant to Section 252 of the City of Toronto Act, 2006, providing authority to:

a.  enter into Municipal Capital Facility Agreements with 7506473 Canada Inc., which leases approximately 3,341 square feet at 1 York Gate Boulevard to the Toronto Public Library, and Great-West Life Realty Advisors, which leases approximately 1,556 square feet at 5150-5160 Yonge Street to the Toronto Public Library, with respect to all space (the Leased Premises) related to facilities for public libraries; and

b.  exempt the Leased Premises from taxation for municipal and school purposes, with the tax exemption being effective from the latest of: (1) the commencement date of the lease, (2) the date the Municipal Capital Facility Agreement is entered into, and (3) the date the Tax Exemption By-law is enacted.

2.  City Council direct the City Clerk to give written notice of the By-law to the Minister of Finance, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, le Conseil scolaire Viamonde, and le Conseil scolaire catholique MonAvenir.

This report seeks Council's authority for the adoption of the necessary By-law to designate portions of two properties leased and occupied by the Toronto Public Library as Municipal Capital Facilities and to provide exemptions for municipal taxes and education taxes. The Municipal Capital Facility Agreements authorized by the By-law will provide exemptions for approximately 3,341 square feet of space at 1 York Gate Boulevard and approximately 1,556 square feet of space at 5150-5160 Yonge Street.

The privately-owned space at 1 York Gate Boulevard was selected as temporary space for the library during a two-year renovation period of the York Woods Library. The space being occupied at 5150-5160 Yonge Street is in addition to the already existing North York Central Library.

The General Government and Licensing Committee recommends that:

1.  City Council repeal By-law 752-2018.

2.  City Council pass a By-law pursuant to Section 252 of the City of Toronto Act, 2006, providing authority to:

a.  enter into a Municipal Capital Facility Agreement with York West Active Living Centre, with whom the Toronto Community Housing Corporation has a lease for the property known as 1901 Weston Road, with respect to approximately 7,102 square feet of rentable area and seven parking stalls (the Leased Premises) owned by the Toronto Community Housing Corporation, for the purposes of providing a Municipal Capital Facility related to the provision of a community centre and ancillary parking; and

b.  exempt the Leased Premises from taxation for municipal and school purposes, with the tax exemption being effective from the latest of: (1) the commencement date of the lease, (2) the date the Municipal Capital Facility Agreement is entered into, and (3) the date the Tax Exemption By-law is enacted.

3.  City Council pass a resolution that the above Municipal Capital Facility is for the purposes of the City of Toronto and is for public use.

4.  City Council direct the City Clerk to give written notice of the By-law to the Minister of Finance, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, le Conseil scolaire Viamonde, and le Conseil scolaire catholique MonAvenir.

This report seeks Council's authority to repeal and enact a new By-law to replace the By-law passed on June 29, 2018 designating a portion of the property owned by the Toronto Community Housing Corporation and occupied by the York West Active Living Centre at 1901 Weston Road as a Municipal Capital Facility, namely a community centre, and exempting it from property taxes. This is necessary because, since this By-law was passed, the York West Active Living Centre has entered into a new lease with its landlord, the Toronto Community Housing Corporation, reducing the area it leases and adding seven parking stalls. In particular, the seven parking stalls, which are ancillary parking, require designation together with the community centre to be tax exempt.

The York West Active Living Centre is a community-based resource centre for persons 55 years of age and older that promotes, encourages, and supports healthy, independent living through a wide range of health and wellness programs, educational workshops, and social activities.

The General Government and Licensing Committee recommends that:

1.  City Council pass a By-law pursuant to Section 252 of the City of Toronto Act, 2006, providing authority to:

a.  enter into a Municipal Capital Facility Agreement with Great-West Life Assurance, which leases approximately 32,532 square feet at 5140 Yonge Street to the Toronto Transit Commission (TTC), with respect to all space (the Leased Premises) related to the provision of telecommunications, transit, and transportation systems; and

b.  exempt the Leased Premises from taxation for municipal and school purposes, with the tax exemption being effective from the latest of: (1) the commencement date of the lease, (2) the date the Municipal Capital Facility Agreement is entered into, and (3) the date the Tax Exemption By-law is enacted.

2.  City Council direct the City Clerk to give written notice of the By-law to the Minister of Finance, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, le Conseil scolaire Viamonde, and le Conseil scolaire catholique MonAvenir.

This report seeks Council's authority for the adoption of the necessary By-law to designate a portion of a property leased and occupied by the Toronto Transit Commission as a Municipal Capital Facility and to provide an exemption for municipal taxes and education taxes. The Municipal Capital Facility Agreement authorized by the By-law will provide an exemption for approximately 24,441 square feet of space on the 9th floor and approximately 8,091 square feet of space on the 15th floor which totals 32,532 square feet of combined space.

The General Government and Licensing Committee recommends that:

1.  City Council approve a revised write-off policy for fines, fees, costs, and penalties imposed under Parts I, II, and III of the Provincial Offences Act and/or City By-law(s) that have been outstanding for at least two years, may be written off as uncollectible consistent with Article VIII in the City of Toronto Municipal Code Chapter 71 (Financial Control) once the Controller is satisfied that all reasonable steps to collect the amount(s) owing have been undertaken, and where any of the following apply:
 

a.  the person convicted and who owes the unpaid amount(s) has been deceased for two years and collection from an estate is impractical or has been unsuccessful; or

b.  the person convicted and who owes the unpaid amount(s) no longer resides in the Province of Ontario and the fine(s) is for an offence for which there is no mechanism for interprovincial enforcement; or

c.  the City of Toronto's primary collection methods, including but not limited to, civil enforcement, tax-rolling, collection agencies, and licence suspension and plate denial, have been, or are likely to be, unsuccessful, as determined by the Controller; or

d.  where supporting documentation providing proof of the conviction and/or payment to satisfy the amount(s) owed cannot be located, a sworn affidavit is filed with the City of Toronto by the defendant attesting to the fact they have, in fact, previously paid for the fine(s) and that they do not have in their possession the required documentation to prove such a claim; or

e.  the operating entity, business, or organization convicted and that owes the unpaid amount(s) has claimed bankruptcy and the City Solicitor has confirmed that civil efforts to collect the amount(s) owing have been unsuccessful or that civil efforts to collect the amount(s) owing are not recommended given that it would likely not result in the successful recovery of the amount(s) owing to the City of Toronto; or

f.  the operating entity, business, or organization convicted and that owes the unpaid amount(s) is no longer in operation and has no assets against which the City of Toronto can pursue a claim, making collection from the defunct entity impractical; or

g.  the individual or corporation convicted and who owes the unpaid amount(s) cannot be located; or

h.  a court order or a provincial or federal directive determines that the fine(s) is no longer payable or collectible or requires that collection efforts must cease.
 

2.  City Council authorize the Controller or their designate to annually provide the Ministry of the Attorney General with information regarding the total value of all fines deemed uncollectible and written off during the previous municipal fiscal year as part of the Annual Performance and Progress Report to be submitted to the Ministry no later than June 30th of each year.

This report recommends that City Council approve a revised write-off policy for fines under the Provincial Offences Act (POA) that are deemed uncollectible. The revised policy is an extension of the City's Accounts Receivable Policy and establishes protocols and thresholds to determine when a defaulted POA fine is uncollectible and therefore eligible for write-off.

In April 2018, the City's Auditor General published a report entitled "Toronto Court Services: Collection of Provincial Offence Default Fines." Through Recommendation number 26, Court Services agreed to review the current write-off policy for fines under the POA deemed uncollectible to determine if the policy aligns with existing best practices. This review was undertaken through consultation with Legal Services, Accounting Services, and Revenue Services. The result of this work is the revised POA write-off policy recommended in this report.

The revised policy is in compliance with Public Sector Accounting Standards PS 1201.53 and 1201.54, which stipulate that valuation allowances for financial assets, such as the Allowance for Doubtful Revenue Receivables, are used to reflect any outstanding receivable amounts at their net recoverable value. It is also consistent with the write-off directive and operating guideline issued by the Ministry of the Attorney General in February 2008. To improve the collection of defaulted POA fines, Court Services will be requesting capital funding through the 2020 Budget process for a new information technology system. This request is consistent with Auditor General Recommendation number 8.

The revised policy establishes a single set of write-off eligibility criteria for offences under Parts I, II, and III of the POA. This is different from the current policy which has one set of criteria for offences under Parts I and III and another set of criteria for offences under Part II. The revised policy is reflective of Court Services' experience collecting defaulted POA fines and best practices in other Ontario municipalities.

The General Government and Licensing Committee recommends that:

1.  City Council, as approving authority under the Expropriations Act, consider the Inquiry Officer's Report attached as Appendix E to the report (August 20, 2019) from the Executive Director, Corporate Real Estate Management, regarding the proposed expropriation of a portion of the property municipally known as 3038-3040 Danforth Avenue.

2.  City Council, as approving authority under the Expropriations Act, approve the expropriation of the portion of the property municipally known as 3038-3040 Danforth Avenue, as legally described in Appendix A and designated as Part 1 on the draft Plan of Survey attached as Appendix B (the Property) to the report (August 20, 2019) from the Executive Director, Corporate Real Estate Management, for public highway purposes and for all works and uses ancillary thereto.

3.  City Council authorize the City of Toronto, 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 service of Notices of Expropriation, Notices of Election as to a Date for Compensation, and Notices of Possession for the Property.

4.  City Council grant leave for the introduction of the necessary Bills in Council to give effect thereto.

5.  City Council authorize the public release of the confidential information contained in Confidential Attachment 1 to the report (August 20, 2019) from the Executive Director, Corporate Real Estate Management, once there has been a final determination of all claims for compensation for 3038-3040 Danforth Avenue by arbitration, appeal, or settlement to the satisfaction of the City Solicitor.

This report seeks approval from City Council, as the approving authority under the Expropriations Act, to expropriate a portion of the property municipally known as 3038-3040 Danforth Avenue, being a triangular area located at the rear of the property. The fee simple acquisition of this property is required for the reconstruction, maintenance, and any future repairs of the laneway behind 3038-3040 Danforth Avenue.

The General Government and Licensing Committee recommends that:

1.  City Council authorize the Executive Director, Corporate Real Estate Management, to continue negotiations for the acquisition of the Property Interests listed in Appendix A and outlined on the easement drawings attached as Appendix B (collectively, the Project Requirements) and on the project map attached as Appendix C to the report (August 20, 2019) from the Executive Director, Corporate Real Estate Management, for the construction of the proposed Fairbank Silverthorn Storm Trunk Sewer System and grant authority to initiate the expropriation process for the Project Requirements if the Executive Director, Corporate Real Estate Management, deems it necessary or appropriate to proceed in that manner.

2.  City Council authorize the Executive Director, Corporate Real Estate Management, to serve and publish Notices of Application for Approval to Expropriate the Project Requirements, to forward any requests for hearing to the Chief Inquiry Officer, to attend any hearings to present the City of Toronto's position, and to report the Chief Inquiry Officer's recommendations to City Council for consideration.

The purpose of this report is to seek authority from City Council to commence expropriation proceedings, if necessary, to acquire permanent easements on part of the properties municipally known as 441 Blackthorn Avenue, 415 Nairn Avenue, 417 Nairn Avenue, 419 Nairn Avenue, 18 Branstone Road, 20 Branstone Road, 119 Ennerdale Road, 49 Dynevor Road, 65 Dynevor Road, and 2226 Dufferin Street (collectively, the Properties). The acquisition of these easements is essential for the construction of the proposed Fairbank Silverthorn Storm Trunk Sewer System and works ancillary thereto beneath the surface of the Properties to reduce the risk of future basement flooding in the Eglinton Avenue West and Caledonia Road area.

This report is the first stage of the expropriation process. After the application for approval to expropriate is authorized, staff will serve and publish notice on the registered owners of the Properties. Registered owners will have 30 days to request an inquiry into whether the proposed takings are fair, sound, and reasonably necessary.

If no inquiry is requested, Council may approve the expropriation by a subsequent Stage 2 report. At that time, staff will report to Council with further details on the anticipated costs, based on appraisals. Following the Stage 2 report, the Expropriation Plan will be registered and Notices of Expropriation served. Statutory offers of compensation must be served prior to the City taking possession of the expropriated Properties.

The General Government and Licensing Committee recommends that:

1.  City Council authorize the City of Toronto to enter into an Agreement of Purchase and Sale (the Agreement) to acquire 11 Brock Avenue (the Property) for the purchase price outlined in Confidential Attachment 1 and substantially on the terms outlined in Appendix A to the report (August 15, 2019) from the Executive Director, Housing Secretariat, and the Executive Director, Corporate Real Estate Management, and on such other or amended terms and conditions as may be acceptable to the Executive Director, Corporate Real Estate Management, and in a form satisfactory to the City Solicitor. 

2.  City Council authorize the Executive Director, Corporate Real Estate Management, to execute the Agreement of Purchase and Sale (the Agreement) and any ancillary agreements and documents under the Agreement on behalf of the City of Toronto.

3.  City Council authorize the Executive Director, Corporate Real Estate Management, to administer and manage the transaction, including the provision of any consents, approvals, waivers, and notices, provided that they may, at any time, refer consideration of any such matters (including their content) to City Council for consideration and direction.

4.  City Council authorize the City Solicitor to complete the transaction on behalf of the City of Toronto, including paying any necessary expenses, amending the closing, due diligence, and other dates, and amending and waiving terms and conditions, on such terms as they consider reasonable.

5.  City Council authorize the public release of the confidential information contained in Confidential Attachment 1 to the report (August 15, 2019) from the Executive Director, Housing Secretariat, and the Executive Director, Corporate Real Estate Management, once the transaction contemplated in the report has been completed and the Liquor Control Board of Ontario (LCBO) (the Vendor) has disposed of its interest in the Property.

6.  City Council approve an increase to the 2019 Approved Operating Budget for Shelter, Support and Housing Administration, in coordination with the Executive Director, Housing Secretariat, for the total of the proposed purchase price and closing costs outlined in Confidential Attachment 1 to the report (August 15, 2019) from the Executive Director, Housing Secretariat, and the Executive Director, Corporate Real Estate Management, fully funded from the Development Charges Reserve Fund for Subsidized Housing (XR2116).

7.  City Council approve an increase of $31,000 gross, $0 net to the 2019 Approved Operating Budget for Shelter, Support and Housing Administration, in coordination with the Executive Director, Housing Secretariat, to provide additional funding to cover the cost of the completed due diligence work at 11 Brock Avenue, fully funded from the Capital Revolving Reserve Fund for Affordable Housing (XR1058).

This report seeks City Council authority to acquire the property at 11 Brock Avenue for affordable rental housing purposes and identifies the source of funding to support the acquisition, as outlined in this report and Confidential Attachment 1.

In July 2015, as directed by City Council in MM8.19, Infrastructure Ontario and the Liquor Control Board of Ontario (LCBO) were advised of the City's interest in acquiring the property and discussions between the parties have been ongoing since. In July 2018, City Council directed staff in EX36.50 to complete the required due diligence to acquire 11 Brock Avenue and to report back on the results and the sources of funding to support the acquisition.

Staff have completed negotiations with the LCBO and are following up with the LCBO for the signed agreement. Staff have also completed the environmental investigations for the property. Following the acquisition, the City's Housing Secretariat will release a competitive proposal call to select a non-profit proponent to work with the City and CreateTO to design, build, and operate this site under a long-term lease to the City. The Housing Secretariat will report to City Council on the results of the proposal call, including funding and incentives allocations, as well as seek authority for the long-term lease to the successful non-profit group.

The General Government and Licensing Committee recommends that:

1.  City Council receive the report (August 23, 2019) from the Chief People Officer, People and Equity, for information.

This report analyzes data on harassment and discrimination inquiries and complaints made in 2017 and 2018 by City of Toronto employees and service recipients/facility users through the following complaint paths: the City's (internal) Human Rights Office (HRO); the City's grievance/arbitration procedures; the Human Rights Tribunal of Ontario (HRTO); and the Ministry of Labour (MOL). The report identifies complaint trends and various initiatives undertaken by the HRO to minimize legislative and policy breaches, thereby mitigating risks to the City.  

The following are some of the notable trends from an analysis of the 2017 and 2018 HRO data.

2017 Trends:

-  Non-human rights code-related workplace harassment, disability, and sexual harassment were the most often cited consultation and/or complaint grounds to the HRO (see Table 3).

-  Disability consultations and/or complaints rose 6.5 percent in 2017 (see Table 3).

-  For the first time, the HRO had an increase in concerns about reprisal with a 44 percent increase in the number of times it was cited to the HRO (see Table 3).

 
2018 Trends:

-  For the first time in three years, the number of times family status was cited to the HRO sharply increased by 67 percent (see Table 3).

-  Although the number of times creed/religion was cited in 2018 stayed the same, the number of times colour was cited climbed by more than 64 percent and race citations increased by almost 40 percent (see Table 3).

-  There was a marked 33 percent increase in the number of sexual harassment consultations and/or complaints to the HRO (see Table 3).
 

The HRO's neutral, alternative dispute resolution approach has proven to be both a viable alternative to more adversarial formal complaint avenues (i.e., grievance arbitration, the HRTO, and the MOL) and an effective mechanism to advance equity. The HRO will continue to monitor complaint trends and promote dispute resolution services to all employees and members of the public. Under the Ontario Health and Safety Act, the HRO is required to review its Human Rights and Anti-Harassment/Discrimination policy annually. A 2018 review resulted in no changes to the policy.

The General Government and Licensing Committee recommends that: 

1.  City Council direct the Executive Director, Municipal Licensing and Standards, notwithstanding the current provisions in the City of Toronto Municipal Code Chapter 545, Licensing, to immediately cease issuing new licences to payday loan establishments in the City of Toronto.

2.  City Council require all payday loan establishments in the City of Toronto to provide City-sanctioned information on credit counselling services.

3.  City Council request the Executive Director, Municipal Licensing and Standards, to report to the General Government and Licensing Committee at its meeting on January 6, 2020 on the following:

a.  options to restrict advertising from payday loan establishments in the City of Toronto;

b.  the feasibility of creating a minimum separation distance between payday loan establishments and between payday loan establishments and schools; and

c.  the feasibility of establishing a process for the local Councillor to object to the relocation of a payday loan establishment within the same ward.

4.  City Council request the Province of Ontario to limit the annual interest rates for all payday loans to 30 percent annually.

5.  City Council request the federal government to:

a.  require chartered banks to have branches in low-income neighbourhoods which offer credit lines to low-income people at the same rates they offer to other customers;

b.  create a national database of payday loan establishment users to stop users from taking out loans to pay off other loans;

c.  cap all payday loan fees at $15 on every $100 loaned; and

d.  amend the Criminal Code of Canada to lower the maximum interest rate from 60 percent to 30 percent.

6.  City Council forward the report (August 28, 2019) from the Executive Director, Municipal Licensing and Standards, to the Association of Municipalities of Ontario and the Federation of Canadian Municipalities.

On April 24, 2018, Toronto City Council adopted interim regulations for payday lending by creating a new business licence category and limiting the number and location of establishments to stop their proliferation. The number was limited to the payday loan establishments licensed by the province in each of the City's 44 wards as of May 1, 2018, a City-wide total of 212 locations. City Council also limited the location of payday loan establishments by prohibiting the establishments from relocating on, or within, 500 metres of Woodbine Racetrack.

Since the introduction of the payday loan licence, a total of 187 establishments have obtained the payday loan licence. The remaining establishments that were eligible for licences have since decided to close their businesses, move their services online, or merge with existing establishments. As licensees are not permitted to sell or transfer their businesses, this attrition means that the limit on the number of establishments in Toronto has decreased from 212 to 187.

This report recommends maintaining the regulations established in 2018 and updating the licensing regime to reflect the new 25-ward structure. If adopted, the City-wide total number of establishments permitted would remain unchanged, but the number permitted in each ward would be limited to the number operating in each ward, as of January 1, 2019. It is also recommended that a process be created to allow a payday loan establishment to apply for permission to move outside of a ward, in order to ensure a degree of flexibility should external factors influence the relocation of a payday loan establishment.

Staff do not recommend further restrictions on where payday lenders are permitted to operate. While limiting the availability of payday loan establishments may reduce the likelihood of predatory lending, it does not address the consumer's need for credit, as consumers typically access payday loans for emergency situations and for necessary expenses such as car repairs, rent, or utility bills. This report recommends that Social Development, Finance and Administration, Economic Development and Culture, and Toronto Employment and Social Services, in consultation with Municipal Licensing and Standards, consider as part of the Toronto Poverty Reduction Strategy, initiatives to promote lower-cost financial services.

This report was written in consultation with Social Development, Finance and Administration, Economic Development and Culture, Toronto Employment and Social Services, City Planning, and Legal Services.

The Infrastructure and Environment Committee recommends that:

1.  City Council authorize the General Manager, Parks Forestry and Recreation, to negotiate and execute a non-competitive contract with Lands and Forests Consulting in the total amount of $35,060 net of all applicable taxes and charges ($35,677 net of HST recoveries) for the provision of planning and implementing the prescribed burn program from January 1, 2020 to December 31, 2020, with the option to renew the contract for up to four additional one-year terms (2021-2024) at the sole discretion of, and on terms and conditions (including price), satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor, and subject to budget approval, for a total potential contract value, including all option years of $175,300 net of all applicable taxes and charges ($178,385 net of HST recoveries).

The purpose of this report is to request authority to enter into a non-competitive contract with Lands and Forests Consulting for the provision of planning and implementing the prescribed burn program for a period of five years from the effective date of the signed agreement and for the amount of $175,300 net of all applicable taxes and charges ($178,385 net of HST recoveries). Lands and Forests Consulting has worked with the City to plan and implement a total of 24 prescribed park burns since 2000.

Lands and Forests Consulting has extensive experience both planning and executing high complexity burns in southern Ontario. No other vendors are able to match the qualifications and experience required for high complexity burning, and it is for that reason that Urban Forestry is requesting support to continue to enter into a non-competitive contract with Lands and Forests Consulting to carry out prescribed burns in select Toronto parks.

City Council approval is required in accordance with City of Toronto, Municipal Code Chapter 195, Purchasing, where the current request has exceeded the Chief Purchasing Official's authority of the cumulative five year commitment limit under Section 1 of the Purchasing By-Law.

The Infrastructure and Environment Committee recommends that: 

1.  City Council adopt the Toronto Biodiversity Strategy as presented in Attachment 1 to the report (August 12, 2019) from the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation.

2.  City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the Chief Planner and Executive Director, City Planning and the Chief Executive Officer, Toronto and Region Conservation Authority (TRCA), and external experts, to develop an ecological integrity monitoring and reporting framework, including an implementation and budgetary framework, for Toronto's natural areas ravines through the Ecosystem Services Working Group and reporting back by the fourth quarter of 2020. This work will build on metrics from existing City and TRCA programs and data for monitoring change in the condition of natural areas and ravines.

3.  City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the Chief Planner and Executive Director, City Planning, and the Chief Executive Officer, Toronto and Region Conservation Authority (TRCA), and external experts, to:

a.  continue to work on implementation of the City and TRCA invasive species management programs and strategies; and

b.  undertake a review of gaps and opportunities for improvement in implementation of the invasive species management programs through the Ecosystem Services Working Group.

 
4.  City Council request the appropriate staff to consider prioritizing, as part of the Invasive Management Plan, the four Provincially regulated terrestrial invasive species, including Japanese knotweed.

5.  City request the General Manager, Parks, Forestry and Recreation to undertake a public awareness campaign through its existing public outreach to include information about invasive species threatening our ravines and private and public open spaces.  

6.  City Council adopt the Resolution for the City of Toronto to join the Biophilic Cities Network, as contained in Attachment 3 to the report (August 12, 2019) from the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation, given Toronto's leadership in recognizing the importance of the natural environment to a liveable city.

7.  City Council direct the Chief Planner and Executive Director, City Planning and the General Manager, Parks, Forestry and Recreation, to submit the Resolution for the City of Toronto to join the Biophilic Cities Network and the completed Biophilic City application to the Biophilic Cities Network to become an official partner in the Biophilic Cities network.

8.  City Council request the General Manager of Parks, Forestry and Recreation, the Chief Planner and Executive Director, City Planning, and the General Manager, Toronto Water, to report back to the Infrastructure and Environment Committee through the Ravine Strategy Implementation Report in November 2019, regarding the review of opportunities and priority sites for restoration in ravines and any associated budget requests.

9.  City Council request the General Manager, Parks, Forestry and Recreation, and the Chief Planner and Executive Director, City Planning, in consultation with the Toronto and Region Conservation Authority and relevant City divisions, to identify opportunities for restoration outside of ravine areas and in the public realm through the 2021 Budget process.

10.  City Council request the General Manager, Toronto Water, and the General Manager, Parks, Forestry and Recreation in collaboration with the Toronto and Region Conservation Authority to report on the vital role Toronto ravines play in stormwater management and in dealing with the impacts of severe weather events caused by climate change.

The following gave a presentation on Toronto Biodiversity Strategy:

- The Project Manager, Strategic Initiatives, Policy and Analysis (SIPA), Infrastructure
   and Development Services, City Planning

- The Acting Manager, Forestry Policy and Planning, Parks Forestry and Recreation

This report presents Toronto’s first Biodiversity Strategy for adoption. The Strategy aims to support healthier, more robust biodiversity and increased awareness of nature in Toronto through a comprehensive vision, ten principles and 23 actions under the themes of Protect, Restore, Design and Engage. The Biodiversity Strategy and this report's recommendations are intended to further advance the City's role as a leader in protecting and restoring urban biodiversity through development of an ecological integrity framework, advancing the work on invasive species management and joining the Biophilic Cities Network.

Toronto, named after Tkaronto, the Mohawk word meaning 'where there are trees in the water', describes a deep rooted and meaningful relationship in natural stewardship between the people and the place. Now, well into the 21st century, biodiversity is under threat. According to a 2019 United Nations report, nature is declining globally at rates unprecedented in human history and the rate of species extinctions is accelerating. The report concludes that it is not too late to make a difference but we need to start now at every level from the local to the global.

Biodiversity is key to a healthy natural environment and is fundamental to supporting the livability and resilience of the city. Much of Toronto's native biodiversity has been lost as settlement and urbanization removed most of the original forest, filled in some ravines and damned waterways. Over many decades, the built environment, the increased use of our natural spaces, and climate change have impacted the health and function of the ecosystem, including a loss of habitat and a proliferation of invasive species. More recently Toronto has made significant strides to protect and manage natural habitats. Natural regeneration is occurring in some areas and Toronto is nurturing its natural parklands through managed restoration and stewardship. Municipal, provincial and federal policies and regulations now protect natural areas and biodiversity is being recognized as a significant element of the built environment. Unfortunately the current reality presents a significant challenge. Based on a comparison of fauna and flora data completed by TRCA in the City's ravines and natural areas, we know that approximately 75 percent of the City's ravines and natural areas surveyed contain invasive species and one-third of these are severely impacted.

The Biodiversity Strategy is an important document that addresses biodiversity loss in Toronto. The Strategy integrates existing and proposed work across City Divisions and the TRCA to maximize effectiveness in the protection and enhancement of biodiversity. In so doing, it makes a critical contribution to a more resilient, healthy, beautiful and liveable city.

The Strategy not only implements the natural environment policies of the Official Plan, but also supports and is complementary to the actions of the Resilience, Ravine and Pollinator Strategies and aligns with Toronto's Strategic Forest Management Plan. In particular, it is aligned with the actions of the Ravine Strategy to address shared issues including the management of invasive species, use of native plant material, and ecological integrity.

The Biodiversity Strategy was developed through extensive consultation with the public, external stakeholders and an expert Advisory Group, in partnership with the Parks Forestry and Recreation Division, the Environment and Energy Division, and the Toronto and Region Conservation Authority.

The Infrastructure and Environment Committee recommends that:  

1.  City Council receive the report (August 16, 2019) from the General Manager, Parks, Forestry and Recreation for information.

This purpose of this report is to provide a response to the motion adopted by City Council at its meeting on May 22, 2018 requesting that the General Manager, Parks, Forestry and Recreation report quarterly to the Infrastructure and Environment Committee on the number of tickets issued and charges laid against builders for failure to protect City trees in Toronto.

Urban Forestry's Compliance and Enforcement Unit does not issue tickets under the Provincial Offences Act. Instead Urban Forestry issues Orders to Comply under Chapter 813 Trees and Chapter 658 Ravine and Natural Feature Protection of the Municipal Code and requires payment of Contravention Inspection Fees in accordance with Chapter 441 of the Municipal Code. When the contravention is significant in nature or when voluntary compliance is not achieved, a Part 3 Summons under the Provincial Offences Act may be issued. This report provides details on the number of tree bylaw contravention complaints investigated, Orders to Comply issued and the number of Part 3 Summons served for the purposes of enforcement of the City's tree bylaws.

The Infrastructure and Environment Committee recommends that:  

1. City Council authorize the implementation and monitoring of two wastewater energy transfer pilot projects with Noventa Energy Partners Inc. ("Noventa") (the "Pilot Projects") on the following conditions:

a. The General Manager, Toronto Water, in consultation with the Director, Environment and Energy, and the City Solicitor, be authorized to implement, conduct, administer and monitor the Pilot Projects including the authority to develop all related procedures, and to negotiate, enter into and execute any agreement(s) necessary to give effect to the Pilot Projects, or any one of them, including any amendment, renewal or extension thereof, on  terms and conditions  acceptable to the General Manager, Toronto Water and in a form acceptable to the City Solicitor.

b. The Pilot Projects be undertaken by Toronto Water for a minimum of two years and that any access to the City's sewer infrastructure for the purposes of the Pilot Projects, and, specifically, access to the excess waste heat (thermal energy) generated by the City's wastewater distribution system provided to Noventa be limited to support only the Sunnybrook Hospital and the Humber College, North Campus and/or William Osler, Etobicoke General Hospital, at HWY 27/Finch Ave. locations.

c. The General Manager, Toronto Water, is satisfied that the Pilot Projects, or any one of them, are technically feasible.

d. An energy transfer fee for such access, the basis and amount of which is to be determined by the General Manager, Toronto Water, is paid to Toronto Water by Noventa for the duration of the Pilot Projects.

e. Any related capital and operating costs associated with the installation, operation and maintenance of the wastewater energy transfer systems needed for the Pilot Projects are at Noventa's expense.

f. Any risk of the Pilot Projects is assumed by Noventa and, specifically, that any access is provided by the City on an "AS IS" and "WHERE IS" basis with no guarantee of an energy supply.

g. The General Manager, Toronto Water report back to the Infrastructure and Environment Committee on the outcome of the Pilot Projects and the development of a wastewater energy transfer policy as requested by City Council.

2. In the event the Pilot Projects are successful, as determined by the General Manager, Toronto Water, in the General Manager's sole discretion, City Council further authorize the General Manager, Toronto Water, in consultation with the Director, Environment and Energy, and the City Solicitor, to extend the term of any agreement for the Pilot Projects with Noventa, as referenced in Recommendation 1.a. above, to allow the Pilot Projects, or anyone of them, to continue beyond the initial duration of the Pilot Projects, on  terms and conditions acceptable to the General Manager, Toronto Water, and in a form acceptable to the City Solicitor.

The purpose of this report is to provide recommendations on the advancement of strategic pilot projects for wastewater energy transfer as requested by City Council with its adoption of Notice of Motion MM9.13 at its meeting on July 16, 2019 and to seek authority to proceed with two wastewater energy transfer pilot projects with Noventa Energy Partners Inc. ("Noventa") as set out in this report. It is intended that the outcome of these two pilot projects will serve to inform the future development by staff, and a further report back in 2020, of a wastewater energy transfer policy as also requested by City Council.

The Infrastructure and Environment Committee recommends that:

1. City Council receive the report (August 27, 2019) from the General Manager, Toronto Water for information.

This report, as requested by City Council on July 18, 2019, reports back on the Proposed 2020 Canada-Ontario Agreement Respecting Great Lakes Water Quality and Ecosystem Health (draft new COA) and its potential impacts to City policy, programs and costs in relation to water quality, storm water management and ecosystem health of Toronto's waterfront and Lake Ontario.

The COA is a federal-provincial agreement to restore and protect the Great Lakes basin ecosystem. The agreement sets out how the governments of Canada and Ontario will cooperate and coordinate efforts to restore, protect and conserve the Great Lakes. The draft new COA was posted for public comment on the Ontario Environmental Registry and Government of Canada COA consultation website until September 4, 2019. 

As directed by City Council, the City Manager requested an extension of the comment deadlines to October 7, 2019 from the Ontario Minister of Environment, Conservation and Parks (MECP) and Minister of Environment and Climate Change Canada (ECCC).  At the time of writing this report, decisions on the deadline extension were not available.  This report is being provided to Council based on the September 4 deadlines being applicable. Should extensions be granted, the City will submit comments to MECP and ECCC by October 7, 2019.     

City staff prepared two submissions with the same comments and recommendations. The submission to the MECP is in Attachment 1 and to ECCC in Attachment 2. The City's comments focus on delisting Toronto as a polluted Area of Concern in the Great Lakes Basin in Annex 5 of the draft new COA. Consistent with direction from City Council, staff comments propose amendments to this Annex committing the Provincial and Federal governments to fund the acceleration of the Don River and Central Waterfront Project, the City's most significant water pollution control initiative, aimed at delisting Toronto as an Area of Concern, and ultimately improving the ecosystem health of the city's waterfront and Lake Ontario.  

Additional comments are provided in regards to City interests including improving wastewater and stormwater infrastructure, reducing harmful pollutants, protecting source drinking water, and climate change and resilience. Opportunities for the federal and provincial governments to collaborate and support City initiatives that align with COA objectives are also provided in the City's comments.

The Infrastructure and Environment Committee recommends that:

1.  City Council direct the General Manager, Transportation Services, in consultation with the Executive Director, Municipal Licensing and Standards, the Medical Officer of Health and the Toronto Parking Authority, to report to the appropriate Committee in the fourth quarter of 2019 on a program to enable the oversight and management of e-scooters on City roadways, including the possibility of adding electric scooters to the bike share fleet as a way of managing e-scooters in the public right-of-way, with the goal of ensuring a safe and accessible transportation network for all users during the proposed 5-year Provincial pilot project.

2.  City Council prohibit the use of e-scooters on City sidewalks and pedestrian ways, prohibit any person from parking, storing or leaving an e-scooter on any street, sidewalk and pedestrian way. 

 
3.  City Council authorize the City Solicitor to introduce the necessary bills directly to Council to amend the requisite City by-laws or Municipal Code Chapters to give effect to City Council’s decision in Recommendation 2 above, and authorize the City Solicitor to make any necessary clarifications, technical amendments, or by-law amendments as may be identified, in consultation with the General Manager, Transportation Services.

On Wednesday, August 28, 2019, the Ministry of Transportation (MTO) posted a proposal on Ontario's Regulatory Registry soliciting feedback to inform the development of a regulatory and policy framework regarding the use of e-scooters.  Comments to the Ministry are due September 12, 2019. 

MTO is proposing to pass and/or amend regulations under the Highway Traffic Act (HTA) to establish a 5-year pilot project that would allow e-scooters on Ontario roads.  MTO has proposed the following Operator/Rider/Vehicle Requirements:

-  Can operate on-road similar to where bicycles can operate; prohibited on controlled access highways

-  Minimum operating age 16

-  Bicycle helmet required for those under 18 years old

-  No passengers allowed

-  Maximum operating speed 32 km/h

-  No pedals or seat allowed

-  Must have 2 wheels and brakes

-  Maximum wheel diameter 17 inches

-  Must have horn or bell

-  Must have front and back light

-  Maximum weight 45kg and Maximum power output 500W

Staff from Transportation Services, Municipal Licensing and Standards as well as Toronto Public Health are reviewing this issue and will submit comments to the Province by the September 12, 2019 deadline. While the Province’s changes to the HTA will likely enable individuals to use e-scooters, it is critical from a safety and accessibility perspective that the City have the authority to regulate any mass deployment of e-scooters on a commercial basis (e.g., scooter share) through a permit system.  This would include the ability to manage the number of e-scooters, locations where they can operate, maintenance and operations requirements, communications protocols between the City and e-scooter rental/sharing companies and data-sharing requirements.  This will form the basis of staff's comments to the Province.

In light of the Province's accelerated timeline to establish the e-scooter pilot, it is recommended that the Infrastructure and Environment committee direct staff to develop the necessary programs to enable the oversight, management and regulation of e-scooters on the streets of Toronto during the Province's proposed pilot project.  This would build on the direction given by this committee on April 25, 2019 in IE4.5 Proposed Regulatory Framework for Scooters, Cargo, and E-assist Cycles, which directed staff to report back with a regulatory framework in the fourth quarter of 2019. 

The recommendations below seek to provide parameters related to safety and accessibility until such time as staff report back with a program to enable the oversight and management of e-scooters.

The Planning and Housing Committee recommends that:

1. City Council forward the report (August 27, 2019) from the President and Chief Executive Officer, Toronto Community Housing Corporation to the Toronto Community Housing Corporation Board of Directors.

In February 2019, City Council directed Toronto Community Housing Corporation (TCHC) to review the state of repairs and maintenance needed of the major electrical services in multi-residential, high-rise portfolio. This report provides an overview of the electrical safety measures undertaken by TCHC to ensure that electrical systems are well maintained and are operating as intended.

To enhance the health and safety of tenants, programs and processes to maintain electrical systems and to mitigate fire and life safety hazards are a key feature of TCHC’s core work. These include preventative maintenance programs and proactive inspections and audits, all of which support capital planning and our ability to respond to emerging issues and tenant needs.

TCHC takes electrical safety and the safety of tenants very seriously. TCHC’s electrical systems are compliant with the Ontario Electrical Safety Code, the Toronto Municipal Code and the Fire Protection and Prevention Act.

TCHC will continue to maintain comprehensive preventive maintenance activities, and make upgrades to systems in compliance with provincial and municipal legislation and regulation. 

The Planning and Housing Committee recommends that:  

1.  City Council authorize the Executive Director, Housing Secretariat, to provide capital funding from the Development Charges Reserve Fund for Subsidized Housing (XR2116), in the amounts and for the developments described in Chart A in the Financial Impact section of the report (September 4, 2019) from the Executive Director, Housing Secretariat and in an amount not to exceed $12,327,344 to facilitate creation of the 651 affordable rental homes through the Open Door Program.

 
2.  City Council authorize the Executive Director, Housing Secretariat to provide capital funding from the Development Charges Reserve Fund for Subsidized Housing (XR2116), in the amounts and for the developments described in Chart C in the Financial Impact section of report (September 4, 2019) from the Executive Director, Housing Secretariat and in an amount not to exceed $250,000 for the purpose of conducting pre-development activities including addressing issues identified by City staff to facilitate the creation of 538 affordable rental homes through the 2020 Open Door Program.

 
3.  City Council authorize the Executive Director, Housing Secretariat, to exempt the developments described in Chart A in the Financial Impact section of the report (September 4, 2019) from the Executive Director, Housing Secretariat from the payment of development charges, building, planning and parkland dedication fees.

 
4.  City Council authorize an exemption from taxation for municipal and school purposes for the developments and for the periods of time described in Chart B in the Financial Impact section and Appendix 1 of report (September 4, 2019) from the Executive Director, Housing Secretariat.

 
5.  City Council authorize City staff to cancel or refund any taxes paid after the effective date of the municipal housing facility agreement (the City's Contribution Agreement).

 
6.  City Council authorize the Executive Director, Housing Secretariat, to negotiate and enter into, on behalf of the City, a municipal housing facility agreement (the City's Contribution Agreement) with the developers of the developments described in Chart A in the Financial Impact section of report (September 4, 2019) from the Executive Director, Housing Secretariat, or related corporations, to secure the financial assistance and to set out the terms of the development and operation of the new affordable rental housing, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer and General Manager, Shelter, Support and Housing Administration, in a form approved by the City Solicitor.
 

7.  City Council authorize the Executive Director, Housing Secretariat, to negotiate and enter into, on behalf of the City, a pre-development agreement with the developers of the proposals described in Chart C in the Financial Impact section of report (September 4, 2019) from the Executive Director, Housing Secretariat, or related corporations, to secure the financial assistance, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer and General Manager, Shelter, Support and Housing Administration, in a form approved by the City Solicitor.
 

8.  City Council authorize severally each of the Executive Director, Housing Secretariat and the General Manager, Shelter, Support and Housing Administration to execute, on behalf of the City, any security or financing documents or any other documents required to facilitate the funding process, including any documents required by the developers of the developments described in Charts A and B in the Financial Impact section and Appendix 1 of the report (September 4, 2019) from the Executive Director, Housing Secretariat, or their related corporations to complete pre-development activities, construction and secure conventional financing, where required, including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the municipal housing facility agreement, as required by normal business practices, and provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by Council.

 
9.  City Council authorize the General Manager, Shelter, Support and Housing Administration, in consultation with the Executive Director, Housing Secretariat, to make any necessary future budget adjustments to accommodate the funds approved in the report (September 4, 2019) from the Executive Director, Housing Secretariat, from the Development Charges Reserve Fund for Subsidized Housing.

10.  City Council direct the Executive Director, Housing Secretariat to include a proposal in the November 2019 Housing Opportunities Toronto report which guarantees that subsidies to not for profit providers are at least equal to the subsidies for profit providers.

11.  City Council request the Executive Director, Housing Secretariat to make information available through the City’s Open Data portal on the current status of all projects approved through the Open Door Program, including the number of units approved, development approval stage, project proponent, any changes to project proposals, and other relevant information.

This report outlines the results of the 2019 Open Door Program Call for Affordable Rental Housing Applications and recommends eight non-profit and private sector development proposals, representing a total of 651 affordable homes, for approval by City Council. Three of the eight recommended proposals are from non-profit housing organizations representing 215 homes across the City.

The recommended development proposals follow a competitive Call for Applications which was issued on February 25, 2019 and closed on May 3, 2019. The applications were reviewed by an interdivisional committee of staff from the Housing Secretariat, City Planning, City Legal, Shelter Support and Housing Administration, and Corporate Finance.

In addition to the eight applications being recommended for Council approval, this report recommends pre-development funding for five non-profit groups to assist them in revising their plans should they wish to apply in future Call for Applications. These five proposals represent another potential 538 non-profit homes in the affordable housing development pipeline.

This report recommends that authority be granted to the Executive Director, Housing Secretariat to enter into the necessary agreements to fund and secure the construction and operation of these homes as affordable housing for a minimum period of 30 years, and in some cases in perpetuity.

The Planning and Housing Committee recommends that:

1. City Council repeal Toronto Municipal Code, Chapter 363 (Construction and Demolition) on December 31, 2019 and adopt the revised Toronto Municipal Code, Chapter 363 (Construction and Demolition), as attached in Appendix 1 to the report (August 27, 2019) from the Chief Building Official and Executive Director, Toronto Building, subject to such stylistic and technical changes to the draft by-law as may be required to come into effect on January 1, 2020.

2. City Council repeal By-law 1690-2013 on December 31, 2019 and adopt the revised Toronto Municipal Code, Chapter 363 (Construction and Demolition) that includes the provisions for the Chief Building Official to appoint building inspectors in section 363-1.4 as attached in Appendix 1 to the report (August 27, 2019) from the Chief Building Official and Executive Director, Toronto Building, subject to such stylistic and technical changes to the draft by-law as may be required to come into effect on January 1, 2020.

3. City Council authorize the City Solicitor to prepare the necessary Bills for introduction in Council to implement the above noted amendments to the City of Toronto Municipal Code, subject to such stylistic and technical changes to the draft by-law as may be required.

The purpose of this report is to recommend that City Council adopt a revised Chapter 363, Building Construction and Demolition ("Toronto Municipal Code, Chapter 363") in order to:

-  Revise the requirements and terminology in the By-law to align with Toronto Building's Electronic Service Delivery Program;

-  Re-organize the By-law so that the content is sequenced in a manner consistent with the permit application process, making it easier for the public to understand and comply with the requirements;

-  Clarify the process for applying for an Alternative Solution to the prescriptive Building Code requirements, intended to facilitate innovative building design;

-  Revise the requirements for construction fences, in order to improve the effectiveness and efficiency by reducing duplication between Toronto Building and Municipal Licensing and Standards;

-  Clarify the requirements of the Toronto Building Certified Plans Program to allow the use of identical plans multiple times in the City;

-  Amend the current procedures for revocation of building permits, intended to strengthen the ability of the City to address dormant construction sites and open permits; and

-  Make a number of editorial and technical changes so that the language and content is consistent with the current Building Code Act and Building Code.
 

If adopted by Council, the proposed update to Chapter 363 will create a clear and concise set of requirements for the public while allowing the City to meet its statutory obligations under the Building Code Act and strengthen service delivery.

Due to the reorganization of the sections within Chapter 363, this report recommends that the current By-law be repealed and replaced with a new by-law, Municipal Code Chapter 363, Building Construction and Demolition (the "New Chapter 363"), effective January 1, 2020.

The Planning and Housing Committee recommends that:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix "A" to Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor, if they are adopted by City Council.

3.  City Council direct that all other information in Confidential Attachment 1 to the report (September 3, 2019) from the City Solicitor is to remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

The Planning and Housing Committee recessed its public session to meet in closed session to consider this item as it relates to litigation or potential litigation that affects the City or one of its agencies or corporations, and contains advice or communications that are subject to solicitor-client privilege.

On May 8, 2019 the Local Planning Appeal Tribunal (LPAT) issued its Decision and Order on the Phase 3 Hearing of the appeals of the city-wide Zoning By-law 569-2013 concerning the regulations of the Chapter 15 Residential Apartment Zone Category and Chapter 30 the Commercial Zone Category.  The LPAT ordered the City to prepare revised regulations to include townhouses as a permitted building type in the Residential Apartment zone in consultation with the appellant.

The LPAT ordered to City to advise the Tribunal of the revised regulations and any other provisions or changes to By-law 569-2013 required to give effect to the permissions for townhouses in the RA zone by November 8, 2019.  The City Solicitor is seeking direction from City Council.

The Planning and Housing Committee recommends that:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (August 12, 2019) from the City Solicitor and the Chief Planner and Executive Director, City Planning.

2. City Council direct that Confidential Attachment 1 to the report  (August 12, 2019) from the City Solicitor and the Chief Planner and Executive Director, City Planning remain confidential in its entirety as it contains advice that is subject to solicitor-client privilege.

This report responds to the Auditor General's recommendation to the City Council with respect to funds secured under Sections 37 and 45 of the Planning Act, and that the Chief Planner assess the status of community benefits secured since amalgamation (January 1, 1998).  The Chief Planner was asked to provide an appropriate level of assurance that cash that should have been received, has been received and to report on any uncollectible benefits.  A report was adopted by the Planning and Growth Management Committee on March 22, 2012 which provided an analysis of Sections 37 and 45 approvals from 1998 through 2007.  This report provides an analysis of approvals from 2008 through to 2017 and responds to the Committee's request that City Planning staff, in cooperation with Legal and Finance staff continue to investigate and pursue outstanding Section 37 and Section 45 funds which are due but for which no records of payments have been found.

An examination by City Planning staff reveals that a total of $486.5 million has been secured from 554 Section 37 and 45 approvals from 2008 through to 2017. A line by line analysis of the outstanding funds reveals that approximately $3.3 million was to be paid but never received. Through collection efforts $2.6 million was recovered, leaving $701,387 that related to 5 developments as potentially outstanding where no record of payment has been found to date. These 5 developments are listed in Attachment 1 to this report.

Etobicoke York Community Council recommends that:

1.  City Council refuse the application for Zoning By-law Amendment at 1218 Royal York Road.

Etobicoke York Community Council held a statutory public meeting on September 16, 2019, and notice was given in accordance with the Planning Act.

This application proposes to amend City-wide Zoning By-law No. 569-2013 to permit a three storey semi-detached building on the lands located at 1218 Royal York Road.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019). The proposal also represents an appropriate and orderly development of the site that conforms to the Official Plan.

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

Etobicoke York Community Council recommends that:

1. City Council amend City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, by deleting Section 937-3.12, Closures of the Northbound and Southbound Curb Lanes on Highway 27 for the Finch West LRT Project.

2. City Council amend City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, to delegate to the General Manager, Transportation Services, despite section 937-4 of Code Chapter 937, from October 3, 2019 to May 31, 2020, the authority to temporarily close to vehicular traffic portions of travel lanes on Highway 27, up to one lane per direction, between 200 metres north of Finch Avenue West and 200 metres south of Humber College Boulevard, daily between 9:30 a.m. and 3:30 p.m. as required for the purposes of the hydro infrastructure relocation part of early works for the Finch West LRT project and exempt the General Manager, Transportation Services, in carrying out this delegated authority from Section 937-5 of Chapter 937, that being the requirement to notify the local Ward Councillor of the pending closure and the requirement to report on the proposed closure if so requested by the local Ward Councillor.

3. City Council temporarily close to vehicular traffic the northbound right-turn lane on Highway 27 at Finch Avenue West from October 7, 2019 to November 30, 2019, for the purposes of watermain replacement as part of the early works for the Finch West LRT project.

The purpose of this report is to seek Council approval for temporary daily off-peak period lane closures on a section of Highway 27 in the vicinity of Finch Avenue West and Humber College Boulevard. The temporary lane closures are required for relocation of existing hydro infrastructure and are being requested from October 7, 2019 to May 31, 2020.

In addition, a closure of the northbound right-turn lane on Highway 27 at Finch Avenue West is required to facilitate replacement of existing watermain on Finch Avenue West immediately east of Highway 27. The northbound right-turn lane closure is being requested from October 7, 2019 to November 30, 2019.

Etobicoke York Community Council recommends that:

1.  City Council designate a two-way centre left-turn only lane on Islington Avenue between a point 106 metres north of Dixon Road and a point 54.8 metres south of Kingsview Boulevard.

As the Toronto Transit Commission (TTC) operates bus service on Islington Avenue, City Council approval of this report is required.

The purpose of this report is to designate a two-way centre left-turn only lane on Islington Avenue, between a point 106 metres north of Dixon Road and a point 54.8 metres south of Kingsview Boulevard.

It is appropriate to designate a two-way centre left turn lane based on the existing lane configuration and to allow left turns into driveways on both sides of Islington Avenue.

Etobicoke York Community Council recommends that:

1.  City Council approve the installation of traffic control signals at the intersection of Bloor Street West and Lothian Avenue.

The purpose of this report is to obtain approval for the installation of traffic control signals at the intersection of Bloor Street West and Lothian Avenue.

Although the warrants for the installation of traffic control signals are not met, the intersection does satisfy the warrants for a pedestrian crossover (P.X.O.). However, a safety audit of the environmental factors revealed that this location is not suitable given the number of lanes on Bloor Street West. Based on the results of the pedestrian crossover audit, staff is recommending that traffic control signals be installed instead at this intersection.

Since the Toronto Transit Commission (TTC) operates a transit service on Bloor Street West, City Council approval of this report is required.

Etobicoke York Community Council recommends that:

1.  City Council authorize the installation of traffic control signals at the intersection of Scarlett Road and Eileen Avenue.

2.  Contingent upon approval of the traffic control signals at Scarlett Road and Eileen Avenue as set out in Part 1 above, City Council authorize the removal of the existing pedestrian crossover on Scarlett Road, immediately north of Bernice Crescent, in conjunction with the installation of these traffic control signals.

As the Toronto Transit Commission (TTC) operates bus service on Scarlett Road, City Council approval of this report is required.

Transportation Services was requested by City Council to submit a report to the September 19, 2019 meeting of Etobicoke York Community Council, relating to the Cycling Network Plan 2019: Cycling Infrastructure Installation report, on the conversion of the existing pedestrian crossing at the intersection of Scarlett Road and Eileen Avenue to traffic signals.  The existing pedestrian crossover is actually located approximately 130 metres south of the subject intersection on Scarlett Road at Bernice Crescent and it is recommended that in conjunction with the installation of traffic control signals at Scarlett Road and Eileen Avenue, the pedestrian crossover be removed.

Although not technically warranted, the installation of traffic control signals at Scarlett Road and Eileen Avenue is recommended based on the pedestrian crossing activity in the vicinity, the proposed relocation of TTC stops and to facilitate motor vehicle movements to/from Scarlett Road, as well as cycling movement to/from the future proposed east-west cycling connection to Runnymede Road via Eileen Avenue.

Etobicoke York Community Council recommends that:

1.  City Council request the General Manager, Parks, Forestry and Recreation, in consultation with the Chief Planner and Create TO, to engage with the Toronto Catholic District School Board regarding the feasibility, next steps and development of a public consultation process on a solution which could maximize the Buttonwood School and Park sites for both the needs of the School Board and the City with regard to the development of schools, a community centre and a park, and to report to Council in Q1 2020 with recommendations.

In 2018 the TCDSB purchased the former Buttonwood School property at 100 Allanhurst Dr., Ward 2, with the intention to develop an urgently needed new elementary school.  Etobicoke Centre has long experienced pupil accommodation pressure at the secondary level. Finding a suitable site for a new secondary school has been a constant challenge. Finding suitable locations for City facilities like a new community centre has similar challenges.

The City of Toronto's Parks and Recreation Facilities Master Plan 2019–2038 recommends that a new Community Centre be constructed in Etobicoke Centre, geographically proximate to the Buttonwood site. The Buttonwood school site is adjacent and contiguous to Buttonwood Park, which spans northward to Eglinton Avenue.  Following a closer review of the Buttonwood site it has become apparent that with some spatial reorganization of the school and the park, it may be feasible to construct both a secondary school and primary school on the same site.

On September 12, 2019 the TCDSB Corporate Services Committee approved development of an elementary and/or secondary school on the Buttonwood site ranked as #2 on its 2019-2020 capital priorities list, and will be submitting a business case on the project to the Ministry of Education.  My preliminary discussions with the TCDSB revealed that the potential to co-develop a school(s), and a City of Toronto Community Centre as part of shared facility would be worth exploring further. In addition, support from the City of Toronto in allowing some spatial reorganization between the Buttonwood school site and City Park would be beneficial to the public interest.

North York Community Council recommends that:

1. City Council amend Zoning By-law 7625, for the lands at 25 Fisherville Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report (September 12, 2019) from the Director, Community Planning, North York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 25 Fisherville Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (September 12, 2019) 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 Zoning By-law Amendment as may be required.

4. Prior to the introduction of the Bills to City Council, City Council direct that an updated master Functional Servicing Report be provided for the lands municipally known as 6040 Bathurst Street & 5 Fisherville Road, 6020 & 6030 Bathurst Street, and 25 Fisherville Road, and, a site specific Stormwater Management Report, Hydrogeological Report and Geotechnical Report for 25 Fisherville Road, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

5. Prior to the introduction of the Bills to City Council, City Council direct that a Transportation Demand Management Plan be provided, to the satisfaction of the Chief Planner and Executive Director, City Planning Division.

6. Prior to the introduction of the Bills to City Council, City Council direct that an updated Transportation Impact Study be provided, to the satisfaction of the General Manager, Transportation Services.

7. Before introducing the necessary Bills to City Council for enactment, City Council require that the Local Planning Appeal Tribunal (LPAT) has issued its approval in principle for appeals of applications on the properties located at 6020 & 6030 Bathurst Street, and 6040 Bathurst Street & 5 Fisherville Road, which approve developments that include the Road in its entirety on the overall Block Plan.

8. Before introducing the necessary Bills for enactment, City Council require the Owner to enter into and register against title in priority an Agreement (and if necessary a multi-party agreement to secure the provision of the public road as described in Recommendation 9 Paragraph n. sub-paragraph i to xiii, inclusive) pursuant to Section 37 of the Planning Act, to the satisfaction of the City Solicitor, to secure the following matters, services and facilities as follows:

a. prior to the issuance of a below-grade shoring permit, the Owner shall make a financial contribution to the City in the amount of $1,500,000.00 to be allocated towards improvements to parks, community facilities and/or the public realm located within Ward 6 and/or the vicinity of the application site, such allocation to be at the discretion of the Chief Planner and Executive Director, City Planning and General Manager, Parks, Forestry and Recreation, in consultation with the Ward Councillor;

b. the financial contributions referred to in Part 8.a. above shall be indexed in accordance with the Statistics Canada Apartment Building Construction Price Index for Toronto calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the Owner to the City;

c. in the event the financial contribution referred to in Part 8.a. above has not been used for the intended purpose prior to the expiry of the third anniversary of the By-law coming into full force and effect, the cash contribution may be redirected for another purpose at the sole discretion of the Chief Planner and Executive Director, City Planning in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands;

d. $167,000 for the provision of public art on site or in the vicinity of the site;

e. a parkland over-dedication of 133 square metres above the required parkland dedication of 397 square metres;

Whereas “Affordable rental dwelling unit” means a rental dwelling unit constructed on the lot and provided and maintained at affordable rent, as defined in the Official Plan:

f. the owner shall provide and maintain 10 one-bedroom dwelling units as affordable rental dwelling units. The average unit size of the affordable rental dwelling units shall be at least the same as the average unit size of the proposed one-bedroom market units. The affordable rental dwelling units shall be provided in contiguous groups of at least 6 dwelling units in the first of the proposed apartment buildings constructed on the site. The general configuration and layout of the 10 affordable rental dwelling units shall be to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

g. the owner shall provide and maintain the 10 affordable rental dwelling units as rental dwelling units for at least 20 years, beginning with the date each such unit is first occupied. No affordable rental dwelling unit shall be registered as a condominium or any other form of ownership such as life lease or co-ownerships which provide a right to exclusive possession of a dwelling unit, and no application for conversion for non-rental housing purposes, or application to demolish any affordable rental dwelling unit shall be made for at least 20 years from the date of first occupancy. When the 20 years period has expired, the owner shall continue to provide and maintain the affordable rental dwelling units as rental dwelling units, unless and until such time as the owner has applied for and obtained all approvals necessary to do otherwise; and

h. the owner shall provide and maintain the affordable rental dwelling units at affordable rents, as defined in the Official Plan, for at least 15 years, beginning with the date that each such unit is first occupied. During the first 15 years of occupancy, increases to initial rents charged to tenants occupying any of the affordable rental dwelling units shall be in accordance with the Residential Tenancies Act and shall not exceed the Provincial rent guideline until the tenancy ends.

9. City Council direct that the following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development:

a. submit and construct the development in accordance with the approved Transportation Demand Management Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

b. prior to Site Plan Approval for the development, the owner shall provide a Tenant Construction Mitigation Plan & Tenant Communication Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning Division or his designate and thereafter the owner shall implement such Plans;

c. prior to Site Plan Approval for the development, the owner shall provide a Construction Phasing Plan for the development, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor, and construct the development in accordance with that Plan;

d. prior to issuance of the first building permit, the owner shall enter into appropriate agreements and provide financial security for external servicing upgrades and acknowledges  that external services will be designed, constructed and operational, if determined necessary by the updated Functional Servicing and Stormwater Manager Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the owner shall continue to provide and maintain the 214 existing residential rental dwelling units in the existing apartment building at 25 Fisherville Road as rental housing, together with the new and retained associated facilities and amenities of the existing apartment building, for a period of at least 20 years commencing from the date of the Zoning By-laws coming into full force and effect and with no applications for demolition or conversion from residential rental use during such 20 year period, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

f. the owner shall design the following improvements noted in 9.g. below to the existing apartment building prior to Site Plan Approval taking into account tenant responses to the required survey related to programming of amenity space, to the satisfaction of the Chief Planner and Executive Director, City Planning Division;

g. the owner shall provide improvements to the existing apartment building, all to the satisfaction of the Chief Planner and Executive Director, City Planning Division or his designate, including but not limited to the following:

i. prior to the first above grade building permit:

1. improve accessibility within the existing apartment building, including push button automatic door openers for all common doors and a clothes folding table which is universally accessible within the laundry room;

2. provide hand delivered refuse drop-off area for recycling and kitchen waste drop-off within the existing apartment building; and

3. long-term bike parking located inside the existing building and bike racks for short-term bike parking near the front entrances of the existing building;

ii. prior to or concurrent with the first above grade building permit for a new residential apartment building, submit a building permit application for the following, which must be constructed prior to occupancy of any new residential apartment building:

1. a 187 square metre indoor amenity space attached to the existing apartment building; and

2. new outdoor amenity areas, which may include but not be limited to a tot play area and dog area;

iii. prior to occupancy of any new residential apartment building:

1. provide centralized garbage storage, staging and pick-up, within the new residential buildings for waste associated with the existing apartment building or internalize within an enclosed structure or structures;

h. the owner shall provide residents of the existing rental building with access to indoor and outdoor amenities within and adjacent to the proposed buildings on the site, including all outdoor amenity spaces and 554 square metres of indoor amenity space within one of the proposed buildings, at no extra charge to the tenants and with no pass-through cost to tenants of the existing building. Access and the use of these amenities shall be on the same terms and conditions as any other resident in the building;

i. the costs of the improvements to the existing apartment building and associated spaces within and outside the existing apartment building, and improvements for the purpose of the proposed buildings, as described above, shall not be passed on to the tenants of the existing apartment building in any form, including by way of an application to the Landlord Tenant Board, or to any successor tribunal with jurisdiction to hear applications made under the Residential Tenancies Act, for the purpose of obtaining an increase in residential rent above the applicable guideline, or in the form of any additional costs and charges;

j. construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard Version 3;

k. provide in the first phase of development of the site a privately-owned publicly accessible open space (POPS) adjacent to the on-site parkland dedication with a minimum area of 248 square metres generally located along the northern boundary of the parkland dedication, with the details of the location and configuration of the POPS to be finalized and financially secured pursuant to the site plan approval process, to the satisfaction of the Chief Planner and Executive Director, City Planning Division or his designate and construct the POPS in the first phase of development of the site in accordance with the approved site plan;

l. upon the earlier of (a) the first condominium registration of any part of a proposed building on the site and (b) the residential occupancy of a proposed building on the site, grant an easement to the City along with all necessary rights of support, for nominal consideration and free and clear of title encumbrances, to the satisfaction of the City Solicitor, over and upon the POPS in favour of the general public for the purpose of publicly accessible open space, on terms satisfactory to the Chief Planner and Executive Director, City Planning Division or his designate, in consultation with the City Solicitor;

m. the owner to submit a consolidated wind study for the lands municipally known as 6040 Bathurst Street & 5 Fisherville Road, 6020 & 6030 Bathurst Street, and 25 Fisherville Road to the satisfaction of the Chief Planner and Executive Director, City Planning. The owner shall implement the wind control measures identified in the accepted wind study for the property at 25 Fisherville Road to the satisfaction of the Chief Planner and Executive Director, City Planning. Such measures to be secured through the Site Plan review process;

n. prior to the issuance of the first building permit for the site, the Owner shall financially secure or cause to be financially secured, construct or cause to be constructed, and convey and/or cause to be conveyed to the City a public road with a minimum width of 16.5 metres with a general alignment in a north/south direction from Fisherville Road along the shared property line between the lands municipally known as 25 Fisherville Road and 6040 Bathurst Street & 5 Fisherville Road and in an east/west direction to Bathurst Street along the shared property line between the lands municipally known as 6040 Bathurst Street & 5 Fisherville Road, and 6020 & 6030 Bathurst Street, inclusive of all sidewalks, boulevards (excluding a complete north side boulevard on the east/west public street which may be provided following the demolition of existing structures located within the future right-of-way) and all municipal infrastructure, improvements, and services located in the public road, inclusive of street watermains, storm sewers, sanitary sewers, all public utilities, street trees and landscaping, and street lights (collectively, the "Road"), in accordance with City standards and specifications, subject to acceptable encroachments, to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering & Construction Services. The provisions of the Section 37 Agreement to secure the Road shall follow the provisions of the City's standard form of subdivision agreement, with modifications at the discretion of the City Solicitor, but shall at least require:

i. prior to the first building permit for the proposed development, the owner shall, at its sole cost and expense, submit detailed design drawings and specifications, signed and stamped by a licensed structural engineer retained at the sole cost and expense of the owner, for the below grade structural encroachments which may remain beneath any part of the Road, such as existing underground parking garages located on the site or the lands municipally known as 6040 Bathurst Street & 5 Fisherville Road, and 6020 & 6030 Bathurst Street, which:

1. recommend, as the structural engineer considers appropriate, the approval of necessary construction specifications to the underground parking garage structure to support the Road and any structural loading imparted on it, to be provided at the sole expense of the owner;

2. confirm the design drawings and specifications comply with the then current version of the Canadian Highway Bridge Design Code for highway loading purposes, as amended, superseded or replaced from time to time, including allowance for impact factors, and recommend and implement measures as the structural engineer considers appropriate to support the Road and any structural loading imparted on it, including its construction and maintenance during the life expectancy of the Road and the underground parking garage structure;

3. include the provision of and construct a roof drainage system and waterproofing with an appropriate membrane and protection against damage from the use and maintenance of the Road, including but not limited to tree root growth so as to prevent water penetration into the underground parking garage structure from the Road and adjacent land; and

4. confirm the temporary roadway protection will be in compliance with OPSS539.

ii. prior to the issuance of the first building permit for the site, the Owner shall submit a letter of credit or cause to be submitted a letter of credit equivalent to 120% of a cost estimate provided by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering & Construction Services, to financially secure the provision of the Road;

iii. prior to the first building permit for the site, the owner shall construct or cause to construct the Road to base course asphalt, subject to the terms of the construction phasing plan to be submitted by the owner, and prior to acceptance of the road, complete construction of the road to final course asphalt in accordance with standard inspection and acceptance terms to the satisfaction of the Chief Engineer and Executive Director, Engineering & Construction Services;

iv. prior to the first building permit for the site, the owner shall convey or cause to be conveyed for nominal consideration, the strata and full depth fee simple interests in the Road, including all easements for rights of support, free and clear of all physical encumbrances, subject to any physical encumbrances that may be permitted by the Chief Engineer and Executive Director, Engineering & Construction Services in consultation with the General Manager, Transportation Services, and free and clear of all title encumbrances, to the satisfaction of the City Solicitor;

v. prior to conveyance, the owner shall prepare, at their sole cost and expense, all documents and plans necessary to convey the Road to the City, to the satisfaction of the Chief Engineer and Executive Director, Engineering & Construction Services;

vi. prior to the conveyance of the Road to the City, the owner shall comply with all environmental legislation, regulations, by-laws, and policies with respect to the Road lands and the municipal services located within the Road lands, including the payment of all costs incurred by the City for a third-party peer review of environmental reports submitted by the owner in support of the conveyance, to the satisfaction of the Chief Engineer and Executive Director, Engineering & Construction Services;

vii. prior to the conveyance of the Road to the City, the owner shall provide certifications from its retained structural engineer, with reliance extended to the City, which confirm the following in respect of permitted as-built below-grade structural encroachments into the Road:

1. the as-built encroachment, provided it is an underground parking garage, complies with the then current version of the Canadian Highway Bridge Design Code for highway loading purposes, as amended, superseded or replaced from time to time, including allowance for impact factors;

2. the as-built encroachment, provided it is an underground parking garage, has such strength as the structural engineer considers appropriate to support the Road and any structural loading imparted on it, including its construction and maintenance during the life expectancy of the Road and the underground parking garage structure; and

3. the as-built encroachment, provided it is an underground parking garage, has an adequate roof drainage system and is waterproofed with an appropriate membrane and protection against damage from the use and maintenance of the Road, including but not limited to tree root growth, so as to prevent water penetration into the underground parking garage structure from the Road and adjacent land;

viii. the owner's payment of engineering and inspection fees, to the satisfaction of the Chief Engineer and Executive Director, Engineering & Construction Services;

ix. the construction phasing of the Road, to the satisfaction of the Chief Engineer and Executive Director, Engineering & Construction Services in consultation with the Chief Planner and Executive Director, City Planning Division;

x. the assumption of the Road by the City following the registration of the conveyance of the Road;

xi. the owner's maintenance and repair of, and liability for, the Road prior to its assumption by the City;

xii. the provision of indemnities and insurance by the owner in favour of the City; and

xiii. the provision of a title opinion for the conveyance of the Road lands to the City, to the satisfaction of the City Solicitor.

10. 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 & Recreation (PF&R) and that 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.

11. City Council authorize the City Solicitor, in her discretion, to introduce Bills to City Council permitting the development subject to the use of a holding symbol "H" under section 36 of the Planning Act to be removed by amendment to the by-law following the provision of the public road as described in Recommendation 9 Paragraph n. sub-paragraph i to xiii, inclusive, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services or the Owner entering into and registering against title a multi-party agreement with the City pursuant to Section 37 of the Planning Act to secure the provision of the public road as described in Recommendation 9 Paragraph n. sub-paragraph i to xiii, inclusive.

12. In the event the site-specific zoning by-law amendment application for the site is appealed to the Local Planning Appeal Tribunal (the "LPAT"), City Council authorize the City Solicitor to request the LPAT withhold its final order on the appeal subject to the Owner satisfying the preconditions set out in Recommendation 9 Paragraph n. sub-paragraph i to xiii, inclusive, with such modifications as may be necessary for the appeal and to secure the provision of the public road by use of a holding symbol "H" under section 36 of the Planning Act.

North York Community Council held a statutory public meeting on September 16, 2019 and notice was given in accordance with the Planning Act.

This application proposes to permit the construction of two residential buildings with 22-storeys and 12-storeys at 25 Fisherville Road in addition to two blocks of 3-storey townhouses. The proposed buildings and townhouse blocks would have a total Gross Floor Area (GFA) of 31,427 square metres and a total of 412 residential units. The existing 18-storey residential building with 214 units is proposed to be retained, for a total of 626 residential units on the subject property. The proposed new buildings would have a Floor Space Index (FSI) of 2.07 times the lot area and overall the site would have a FSI of 3.52 times the lot area. The proposal includes a 530 square metre public park and a 248 square metre privately-owned publicly accessible space (POPS) abutting the public park. A portion of the site, along the eastern limit, is proposed to be dedicated for a new north-south public street.

The proposed development is consistent with the Provincial Policy Statement (2014), conforms with the Growth Plan for the Greater Golden Horseshoe (2019), and is consistent with the general intent and purpose of the City of Toronto's Official Plan.

This report reviews and recommends approval of the application to amend the Zoning By-law. The proposed development provides for a portion of a new public street, new public parkland, appropriately transitions to the abutting lower density residential uses, and provides for appropriate community benefits in exchange for an increase in height and density.  The proposal will provide community benefits including a cash contribution for park, community facility, or public realm improvements, a public art contribution, additional parkland above the minimum required dedication, and new rental affordable housing units which will be secured through the Section 37 Agreement.

North York Community Council recommends that:

1. City Council approve the two Rental Housing Demolition Applications in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of sixty-four (64) existing rental dwelling units located at 100 Broadway Avenue, 223-225 Redpath Avenue and 227-233 Redpath Avenue, subject to the following conditions:

a. the owner shall provide and maintain three-hundred and twenty-four (324) replacement rental dwelling units at 100 Broadway Avenue, 223-225 Redpath Avenue and 227-233 Redpath Avenue for a period of at least twenty (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 during the, at minimum, twenty (20) year period; the three-hundred and twenty-four (324) replacement rental units shall be comprised of at least fifty-eight (58) bachelor units, one-hundred and ninety-two (192) one-bedroom units, sixty-eight (68) two-bedroom and six (6) three-bedroom units as shown on the floor plans by IBI Group Architects dated July 26, 2019 submitted to the City Planning Division with any revisions to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. the owner shall, as part of the three-hundred and twenty-four (324)  replacement rental dwelling units required above, provide at least twenty-one (21) bachelor units, eighty-seven (87) one-bedroom units, thirty-eight (38) two-bedroom and four (4) three-bedroom units at affordable rents, as defined in the City's Official Plan, and thirty-six (36) bachelor, ninety-seven (97) one-bedroom, thirty (30) two-bedroom and two (2) three-bedroom replacement rental dwelling units at mid-range rents, as defined in the City's Official Plan, 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 and maintain fifty (50) new secured rental units on the subject site for a period of at least twenty (20) years beginning from the date that each such additional rental dwelling unit is first occupied, as shown on the floor plans by IBI Group Architects dated July 26, 2019 submitted to the City Planning Division with any revisions to these plans to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the owner shall, as part of the fifty (50) new secured rental units required above, provide all units at affordable rents, as defined in the City's Official Plan, all for a period of at least fifteen (15) years, beginning from the date of first occupancy;

e. the owner shall provide tenants of the replacement rental dwelling units and new secured rental units with access to all indoor and outdoor amenities in the proposed rental replacement building as shown on the floor plans by IBI Group Architects dated July 26, 2019 at no extra charge. Access and use of these amenities shall be on the same terms and conditions as any other building resident without the need to pre-book or pay a fee, unless specifically required as customary practices for private bookings;

f. the owner shall provide all three-hundred and twenty-four (324) replacement rental dwelling units and all fifty (50) new secured rental units with a balcony or terrace and ensuite laundry;

g. the owner shall provide tenants of the three-hundred and twenty-four (324)  replacement rental dwelling units and the additional fifty (50) affordable rental dwelling units with access to all bicycle parking and all car parking and visitor parking and storage lockers on the same terms and conditions as any other resident of the building;

h. the owner shall provide tenant relocation and assistance to all eligible tenants occupying the existing sixty-four (64) rental dwelling units proposed to be demolished at 100 Broadway Avenue and 223, 225, 227 and 233 Redpath Avenue, including the right to return to a replacement rental dwelling unit, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

i. the owner shall enter into and register on title one or more agreement(s), including a Section 111 Agreement and a Section 37 Agreement, to secure the conditions outlined in 1.a. through h. above, 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 the Preliminary Approval for the application under Chapter 667 of the Toronto Municipal Code for the demolition of the sixty-four (64) existing rental dwelling units at 100 Broadway Avenue and 223, 225, 227 and 233 Redpath Avenue after all of the following have occurred:

a. the conditions in Recommendation 1. above have been fully satisfied;

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 for the approved structure on the site; and

e. the execution and registration of a Section 37 Agreement pursuant to the Planning Act securing Recommendation 1.a. through h. and any other related matters.

3. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division 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 demolition permit under Section 33 of the Planning Act no earlier than the issuance of the first building permit for excavation and shoring of the development, and after the Chief Planner and Executive Director, City Planning  has given preliminary approval referred to in Recommendation 2 above, which permit may be included in the demolition permit for Chapter 667 under 363-11.1, of the Municipal Code, on condition that:

a. the owner remove all debris and rubble from the site immediately after demolition;

b. the owner erect solid construction hoarding to the satisfaction of the Chief Building Official and Executive Director, Toronto Building;

c. the owner erects a residential building on site no later than four (4) years from the day demolition of the buildings is commenced; and

d. should the owner fail to complete the new building within the time specified in condition 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 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 the foregoing, including execution of the Section 111 Agreement and other related agreements.

North York Community Council held a statutory public meeting on September 16, 2019 and notice was given in accordance with Municipal Code Chapter 667, under the City of Toronto Act.

This report recommends approval of two Rental Housing Demolition applications to demolish and replace 64 rental dwelling units subject to conditions.

Two Rental Housing Demolition applications at 100 Broadway Avenue, 223-225 Redpath Avenue and 227-233 Redpath Avenue seek approval to demolish four existing residential rental apartment buildings. Together, these four buildings contain a total of 64 rental dwelling units. All 64 of the units would be replaced by the same bedroom type and size within a purpose-built rental building at 100 Broadway Avenue. A Tenant Relocation and Assistance Plan will appropriately address the impacts on tenants.

The rental building at 100 Broadway Avenue will contain 413 rental units. In addition to the 64 replacement rental units that will replace the existing rental units, the building will also be the recipient site for 260 other replacement units associated with three nearby rental housing demolition applications at 110-120 Broadway Avenue, 117-127 Broadway Avenue and 174-180 Broadway Avenue for a total of 324 replacement rental units. The remaining 89 rental units would be comprised of 50 new affordable rental units secured as part of the Section 37 contribution for the 110-120 Broadway Avenue development application and 39 market-rate rental units with unrestricted rents.     

This land is also subject to an application under the Planning Act for an amendment to the Zoning By-law, Application No. 15 228723 NNY 25 OZ, which was the subject of a settlement hearing at the Local Planning Appeal Tribunal (LPAT) (Case No. PL160910) on July 29, 2019. The LPAT issued a decision on August 9, 2019, approving the Zoning By-law Amendment in principle, with the final Tribunal Order being held until all outstanding matters, including the necessary agreements with the City, are secured.  City Council endorsed the settlement on June 18 and 19, 2019 in advance of the LPAT settlement hearing, subject to conditions, including a rental replacement requirement. City Council also withheld its decision on both related Rental Housing Demolition applications until a Decision was issued by the LPAT on the related Zoning By-law Amendment application. The final LPAT Order was withheld until all outstanding matters, including the necessary agreements with the City, are secured, including rental housing matters.

North York Community Council recommends that:

1. City Council amend former City of North York Zoning By-law 7625, for the lands at 1299 Don Mills Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 5 to the report (August 28, 2019) from the Director, Community Planning, North York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 1299 Don Mills Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report (August 28, 2019) 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 Zoning By-law Amendments as may be required.

4. Before introducing the necessary Bills to City Council for enactment, City Council direct that outstanding engineering issues outlined in the memo dated July 29, 2019, from Engineering and Construction Services as they relate to the zoning by-law amendment are to be addressed to the satisfaction of the Executive Director and Chief Engineer, Engineering and Construction Services.

5. Before introducing the Bills for the Zoning By-law Amendments to City Council for enactment, City Council direct that the owner shall:

a. enter into a Heritage Easement Agreement with the City for the property at 1299 Don Mills Road in accordance with the plans prepared by Makow Associates Architect Inc., dated June 20, 2019, and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment (HIA), prepared by ERA Architects, dated June 21, 2019, and on file with the Senior Manager, Heritage Preservation Services and in accordance with the Conservation Plan required in Recommendation 5.b below, to the satisfaction of the Senior Manager, Heritage Preservation Services including registration of such agreement to the satisfaction of the City Solicitor; and

b. provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 1299 Don Mills Road prepared by ERA Architects, dated June 21, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services.

North York Community Council held a statutory public meeting on September 16, 2019 and notice was given in accordance with the Planning Act.

This application proposes to permit three new lots for three new detached dwellings and a retained lot for the existing George Gray heritage house. The new lots would be located at the southeast corner of Don Mills Road and Legato Court, and front onto Don Mills Road for one lot, and Legato Court for the two other lots on the property currently known as 1299 Don Mills Road. The address of 1299 Don Mills Road would be maintained for the existing heritage dwelling, and new addresses for the proposed lots are to be assigned.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019).

This report reviews and recommends approval of the application to amend the Zoning By-law. The application provides for the preservation and restoration of an existing designated heritage structure, and provides the opportunity for new detached dwellings which are compatible with the surrounding neighbourhood. Furthermore, the proposal conforms with the Toronto Official Plan.

The purpose of this supplementary report is to delete a previously recommended condition which is not required. This application proposes to permit three new lots for three new detached dwellings and a retained lot for the existing George Gray heritage house.

North York Community Council recommends that:

1. City Council approve the alterations to the heritage building at 1299 Don Mills Road, in accordance with Section 33 of the Ontario Heritage Act, with such alterations substantially in accordance with the plans prepared by Makow Associates Architect Inc., dated June 20, 2019, and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment (HIA), prepared by ERA Architects, dated June 21, 2019 and on file with the Senior Manager, Heritage Preservation Services and subject to the following conditions:

a. that 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 1299 Don Mills Road in accordance with the plans prepared by Makow Associates Architect Inc., dated June 20, 2019, and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment (HIA), prepared by ERA Architects, dated June 21, 2019 and on file with the Senior Manager, Heritage Preservation Services and in accordance with the Conservation Plan required in Recommendation 1.a.2 below, to the satisfaction of the Senior Manager, Heritage Preservation Services including registration 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 consistent with the conservation strategy set out in the Heritage Impact Assessment for 1299 Don Mills Road prepared by ERA Architects, dated June 21, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services;

b.  that prior to the issuance of any permit for all or any part of the property at 1299 Don Mills Road, 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 Preservation Services, the owner shall:

1. have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

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.a.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 Preservation Services; and

3. 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 Preservation Services to secure all work included in the approved Conservation Plan; and

c. that prior to the release of the Letter of Credit required in Recommendation 1.b. 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 and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

2.  provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services.

This report recommends Council approve the proposed alterations at the existing two-storey house at 1299 Don Mills Road and enter into a Heritage Easement Agreement.  The subject property at 1299 Don Mills Road - the George Gray House - is designated under Part IV of the Ontario Heritage Act, comprising a farmhouse built prior to 1894.

This application proposes to permit the creation of three new lots for three new detached dwellings and a retained lot for the existing George Gray heritage house, which will be retained in-situ. The new lots would be located at the corner of Don Mills Road and Legato Court, and front onto Don Mills Road for one lot, and Legato Court for the two other lots on the property currently known as 1299 Don Mills Road. The address of 1299 Don Mills Road would be maintained for the existing heritage dwelling, and new addresses for the proposed lots are to be assigned.

The proposal is to retain the original house and its 1920s two-storey eastern addition in-situ and to demolish the 1950s single-storey rear additions and the one-storey sunroom at the southwest.  A new single-storey addition containing garage and residential space is proposed at the east elevation, along with a two-storey addition at the north, a new single-storey sun room and the alteration of the existing roof height at the existing rear addition.  Landscape alterations include lowering the existing fence height along Don Mills Road, allowing for greater visibility of the property's primary western elevation.  The proposed alterations would have a minimal impact on the heritage character of the existing building and are considered to be sensitive and appropriate.

This report recommends Council approve the proposed alterations at the existing two-storey

house at 1299 Don Mills Road and enter into a Heritage Easement Agreement. The subject

property at 1299 Don Mills Road - the George Gray House - is designated under Part IV of the Ontario Heritage Act, comprising a farmhouse built prior to 1894.

This application proposes to permit the creation of three new lots for three new detached

dwellings and a retained lot for the existing George Gray heritage house, which will be retained in-situ. The new lots would be located at the corner of Don Mills Road and Legato Court, and front onto Don Mills Road for one lot, and Legato Court for the two other lots on the property currently known as 1299 Don Mills Road. The address of 1299 Don Mills Road would be maintained for the existing heritage dwelling, and new addresses for the proposed lots are to be assigned.

The proposal is to retain the original house and its 1920s two-storey eastern addition in-situ and to demolish the 1950s single-storey rear additions and the one-storey sunroom at the

southwest. A new single-storey addition containing garage and residential space is proposed at the east elevation, along with a two-storey addition at the north, a new single-storey sun room and the alteration of the existing roof height at the existing rear addition. Landscape alterations include lowering the existing fence height along Don Mills Road, allowing for greater visibility of the property's primary western elevation. The proposed alterations would have a minimal impact on the heritage character of the existing building and are considered to be sensitive and appropriate.

North York Community Council recommends that:

1. City Council direct the Chief Planner and Executive Director, City Planning Division, and the General Manager, Transportation Services, to consider including options for any modification of Bartley Avenue and O'Connor Drive which limit vehicular access and infiltration to the existing neighbourhoods as part of the future Environmental Assessment study.

This report provides information on the status of the Golden Mile Secondary Plan (“GMSP”) Study to North York Community Council as requested by City Council on April 16, 2019.  The report recommends that North York Community Council receive the report dated August 23, 2019, from the Director, Community Planning, North York District and the Director, Community Planning, Scarborough District for information.

North York Community Council recommends that:

1. City Council approve the road alteration by construction of modular traffic island on the west side of Antibes Drive (north-south segment), between a point 7.5 metres south of Antibes Drive (eastbound one-way segment) and a point 4.3 metres further south, generally as shown in drawing no. NYRD19-0039, dated August 2019, attached to the report (August 13, 2019) from the Acting Director, Traffic Management, Transportation Services.

As the Toronto Transit Commission (TTC) operates bus service on Antibes Drive, City Council approval of this report is required.

Transportation Services is requesting City Council to approve the road alteration on Antibes Drive (north-south segment), south of Antibes Drive (eastbound one-way segment). The road alteration will construct a modular traffic island and will enhance the pedestrian safety at the intersection by narrowing the north-south lanes.

City Council have previously directed Transportation Services to investigate various alternative measures for enhancing pedestrian safety, including a follow-up review of all-way stop control, installation of warning signs, flashing beacons and narrowing of north-south lanes at this intersection.

The assessment has indicated that the proposed road alteration is feasible to discourage higher operating speed by north-south motorists and will not interrupt the flow of two-way traffic at this intersection.

North York Community Council recommends that:

1. City Council approve the installation of traffic control signals at the intersection of Lawrence Avenue West and Brookview Drive.

As the Toronto Transit Commission (TTC) operates bus service on Lawrence Avenue West, City Council approval of this report is required.

Transportation Services is requesting approval to install traffic control signals at the intersection of Lawrence Avenue West and Brookview Drive.

The installation of traffic control signals is technically justified and will enhance safety for all road users. However, this installation may increase delays for motorists on Lawrence Avenue West, as these movements will no longer operate with free flow.

North York Community Council recommends that:

1. City Council prohibit parking at all times on the south and east sides of Kodiak Crescent, from a point 225 metres east and north of Sheppard Avenue West (south intersection) to a point 39 metres further north.

The Provincially Significant Employment Zone 9, Keele – Dufferin, is home to some of the largest employers in Ward 6 and the City of Toronto. A multitude of business operate every day from the area, including the PUR Company Inc. a renown Canadian company specialized in the production of chewing gum, confectionery, employing hundreds of employees.

PUR's head office located at 23 Kodiak Crescent, has recently experienced problematic parking behaviour in front and around their property. The lack of proper signage and regulations have allowed drivers to park in front of the adjacent bus stop and fire hydrant, regularly blocking access into and out of the adjacent driveways.

It is because of the aforementioned reasons that a change on parking regulations in front of 23 Kodiak Crescent has been evaluated and requested by Transportation Staff.

North York Community Council recommends that:

1. City Council deny the request for a permit to remove one City-owned tree located on the road allowance fronting 116 Briar Hill Avenue.

This report requests that City Council approves the request for a permit to remove one City-owned tree located at 116 Briar Hill Ave. The application indicates the reasons for removal are to construct a new dwelling and driveway on a severed lot.

The subject tree is a Freeman maple (Acer x freemanii), measuring 23 cm in diameter. The City Tree By-law does not support the removal of this tree as a landscape plan was not satisfactory to the ward councillor.

North York Community Council recommends that:  

1. City Council deny the request for a permit to remove one (1) privately-owned tree located at 45 Addison Crescent.

2. City Council direct that the confidential information contained in Confidential Attachment 1 to the report (May 29, 2019) from the City Solicitor remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

This report recommends that City Council deny the request for a permit to remove one (1) privately-owned tree located at 45 Addison Crescent. The owner is requesting removal to address concerns regarding the potential for an allergic reaction to the tree's nuts.

The subject tree is a black walnut (Juglans nigra) measuring 71 cm in diameter. Urban Forestry does not support removal of this tree as it is healthy and maintainable.

The purpose of this report is to respond to Community Council's deferred decision to permit or deny the removal of a privately-owned tree located at 45 Addison Crescent. Community Council requested information from the Medical Officer of Health on the issue of allergic reactions specific to the black walnut tree located at that residence.

The subject tree is black walnut (Juglans nigra) measuring 71 cm in diameter.

At its meeting of February 14, 2019, North York Community Council considered a report from the Director, Urban Forestry, Parks, Forestry and Recreation, that recommended that City Council deny a request for a permit to remove one (1) privately owned black walnut tree located at 45 Addison Crescent.  The owner cited potential allergic reaction to the trees nuts as a reason for the application.

North York Community Council requested that the City Solicitor submit a report to the June 25, 2019 meeting of North York Community Council on potential liability concerns in relation to the black walnut tree located at 45 Addison Crescent.

Scarborough Community Council recommends that:

1. City Council amend the Official Plan, for the lands at 1560 Brimley Road and 1350 Ellesmere Road substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 5 to the report dated August 26, 2019, from the Director, Community Planning, Scarborough District.

2. City Council amend former City of Scarborough Employment Districts Zoning By-law No. 24982 (Progress Employment District), as amended, for the lands at 1560 Brimley Road and 1350 Ellesmere Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6 to the report dated August 26, 2019, from the Director, Community Planning, Scarborough 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. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act, together with satisfactory provisions in the amending by-laws, to secure the items described generally below, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor and at the owner's expense:

a. a financial contribution in the amount of $750,000.00 payable to the City of Toronto prior to issuance of the first above-grade building permit, with such amount to be indexed upwardly in accordance with Statistics Canada Non-Residential Building Construction Price Index for Toronto for the period from the date of the registration of the Section 37 Agreement to the date of payment. The funds shall be directed as follows:

i. $100,000 to be allocated to the Toronto Public Library to undertake capital upgrades at the Scarborough Civic Centre Branch; 

ii. $160,000 to be allocated towards park improvements within proximity of the site;

iii. $105,000 to be allocated towards capital improvements to Squirrel's Nest Child Care at 1305 Ellesmere Road; 

iv. $200,000 to be allocated to Toronto Public Library branches for capital upgrades to the library facilities, including the purchase of musical instruments in order to deliver the 'Borrow a Musical Instrument' loan program, musical equipment for local non-profit community and school bands, and/or equipment and software for recording studio purposes;

v. $100,000 towards capital improvements to the Scarborough YMCA at 230 Town Centre Court to improve accessibility of the building;

vi. $85,000 towards funding for capital facilities for EarlyON programs in close proximity to the subject site; and

vii. in the event the cash contributions required in Parts 4.a.i., ii., iii., iv., and iv. above have not been used for the intended purpose within three (3) years of the date of the issuance of the first above-grade building permit, the cash contribution may be directed to another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the subject property.

b. a financial contribution in the amount of 1 % of the gross construction costs to commission public art in a process in accordance with the Percent for Public Art Program Guidelines.  A letter of credit in the amount of 1 % of the gross construction costs will be provided prior to the issuance of the first above-grade building permit, with such an amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the registration of the Section 37 Agreement to the date of payment. Prior to the issuance of the first above-grade building permit, the owner will submit a plan that details the possible locations of any public art installations on the site and the method of art selection, to the satisfaction of the Chief Planner and Executive Director, City Planning Division in consultation with the Ward Councillor; and

c. the following matters are also recommended to be secured in the Section 3 Agreement as a legal convenience to support development:

i. the owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by City Council at its meeting held on October 26 and 27, 2009, and as updated by City Council at its meeting held on December 5, 6 and 7, 2017, and as may be further amended by City Council from time to time.

Scarborough Community Council held a statutory public meeting on September 16, 2019 and notice was given in accordance with the Planning Act.

The applications propose a 15-storey mixed-use building (54 metres, including the mechanical penthouse) at 1560 Brimley Road and 1350 Ellesmere Road.  The building would have a total gross floor area of 18,720 square metres.  The building would consist of 127 square metres of retail uses at grade with 250 residential units above.  A total of 240 vehicular parking spaces are proposed on a 3-level below grade parking garage, as well as 192 bicycle parking spaces. The proposed building would have a density of 5.12 times the area of the lot. 

The proposed amendment to the Official Plan would exempt the subject lands from Policy 6.3 of the Scarborough Centre Secondary Plan to bring the parkland dedication rate for the site in accordance with the Official Plan policies regarding parkland that are in force at the time of issuance of the first above-grade building permit. 

The proposed development is consistent with the Provincial Policy Statement (2014) as it provides a density and a mix of land uses that efficiently use land and resources. It is also transit supportive being approximately 800-metres from the Scarborough Centre RT station, as well as TTC bus routes along Brimley and Ellesmere Roads.

The proposal conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019), as it provides for an appropriate type and scale of development in a strategic growth area that provides an acceptable transition of built form to adjacent areas.

This report reviews and recommends approval of the applications to amend the Official Plan and the Employment Districts Zoning By-law No. 24982 (Progress Employment District), and to lift the Holding ("H") provisions for the subject site. The application proposes residential and commercial development at a key gateway into Scarborough Centre.

Scarborough Community Council recommends that:

1. City Council amend the former City of Scarborough Birchcliff Community Zoning By-law No. 8786, as amended, for the lands at 1478-1496 Kingston Road substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 5 to this report (August 28, 2019) from the Director, Community Planning, Scarborough District.

2. City Council amend City of Toronto Zoning By-law No. 569-2013, as amended, for the lands at 1478-1496 Kingston Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to this report (August 28, 2019) 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.

4. Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following facilities, services and matters at the owners expense:

a. Prior to issuance of an above grade building permit, other than a building permit for a temporary sales office, the owner shall pay to the City a cash payment of five hundred thousand dollars ($500,000.00) to be allocated towards: public art; non-profit arts, cultural, community or institutional facilities; and/or various streetscape improvements not abutting the site in Ward 20 to be determined by the Chief Planner and Executive Director of City Planning in consultation with the local Councillor, and that the design of the streetscape improvements comply with the Streetscape Manual to the satisfaction of the Chief Planner and Executive Director, City Planning;

b. The financial contribution identified in this subsection a. above shall be indexed upwardly from the date of the registration of the Section 37 Agreement to the date the payment is made in accordance with the non-residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 327-0058, or its successor; and

c. In the event the cash contribution referred to in this subsection a. has not been used for the intended purpose within three (3) years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director of City Planning, in consultation with the local Councillor, provided that the purpose(s) is/are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.   

5. City Council direct that the following matters are also to be secured in the Section 37 Agreement as a legal convenience to support development:

a. The  Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on October 26 and 27, 2009 through the adoption of item PG32.3 of the Planning and Growth Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of item PG23.9 of the Planning and Growth Committee, and as may be further amended by City Council from time to time.

6. Prior to the issuance of Notice of Approval Conditions for the related Site Plan Control Application, City Council require the owner to address the following matters to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services:

a. provide space within the development for the installation of maintenance access holes and sampling ports on the private side of the property line of 1478-1496 Kingston Road, 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;

b. enter into a financially secured Development Agreement with the City for the construction of improvements to the municipal infrastructure including the extension of proposed storm and sanitary sewers to support this development, according to the Site Servicing Review accepted by the Chief Engineer and Executive Director of Engineering and Construction Services; and

c. satisfy all outstanding issues outlined in the Engineering and Construction Services Memorandum dated Aug 27, 2019 to City Planning to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services.

Scarborough Community Council held a statutory public meeting on September 16, 2019 and notice was given in accordance with the Planning Act.

The application for a Zoning By-law Amendment proposes to amend the former City of Scarborough Birchcliff Community Zoning By-law No. 8786 and City of Toronto Zoning By-law No. 569-2013 to permit the construction of an 11 storey building at 1478-1496 Kingston Road.  The proposed redevelopment would consist of 198 residential dwelling units and include 486.9 square metres of commercial ground floor area on the first floor. The proposal would result in a Floor Space Index (FSI) of 6.93 times the lot area.

The proposal is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019).

The proposal is a high quality mixed-use development that conforms with the development criteria required by the Mixed Use Areas and Avenues policies of the Official Plan, as well as other relevant policies pertaining to built form and transportation.  The zoning by-law amendments would allow for the appropriate residential development on the subject lands with commercial uses at grade that would animate the streetscape along Kingston Road improving the pedestrian experience along this Avenue.

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

Scarborough Community Council recommends that:

1. City Council amend the City of Toronto Zoning By-law No. 569-2013, as amended, for the lands at 2787 and 2791 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8 to the report dated August 29, 2019, from the Director, Community Planning, Scarborough District;

2. City Council amend the former City of Scarborough Eglinton Community Zoning By-law No. 10048, as amended, for the lands at 2787 and 2791 Eglinton Avenue East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 9 to the report dated August 29, 2019, from the Director, Community Planning, Scarborough District;

3. Before introducing the necessary Bills to City Council for enactment, City Council require the owner to  submit to the satisfaction of the Executive Director, Engineering and Construction Services an updated Functional Servicing and Stormwater Management Report and plans. In addition, the owner would be required to enter into an agreement(s) for the construction of any improvements to existing municipal infrastructure, should it be determined that upgrades are required to support this development.

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

5. Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a. The community benefits to be secured in the Section 37 Agreement are as follows:

i. $500,000 towards capital improvements to Horton Park and/or above base park improvements to the proposed park on the subject site at 2787 and 2791 Eglinton Avenue East;

ii. A 2% parkland over dedication from the application to increase the size of the new public park on the subject site at 2787 and 2791 Eglinton Avenue East.

b. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i. Construction and maintenance of the development in accordance with Tier 1 performance measures of the Toronto Green Standard.

6. If City Council determines that the Zoning By-law Amendment application be approved, and if the owner is agreeable to undertaking Above Base Park Improvements to the proposed 1,170 square metre on-site public parkland dedication, 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 (PF&R). 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, PF&R, 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 amended from time to time.

7. Should the Zoning By-law Amendment application be approved and appealed to the Local Planning Appeal Tribunal, City Council authorize the City Solicitor to retain external planning and urban design professionals to appear before the Local Planning Appeal Tribunal in support of City Council's approval of the Zoning By-law Amendment and Site Plan applications.

8. In the event that the Local Planning Appeal Tribunal allows an appeal of the Zoning By-law Amendment in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order(s) approving the application until:

a. The Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning Division;

b. The owner submits to the satisfaction of the Executive Director, Engineering and Construction Services an updated Functional Servicing and Stormwater Management Report and plans. In addition, the owner would be required to enter into an agreement(s) for the construction of any improvements to existing municipal infrastructure, should it be determined that upgrades are required to support this development; and

c. The owner has entered into and registered an agreement between the City and owner pursuant to Section 37 of the Planning Act.

9. City Council approve the Site Plan Application (18 148155 ESC 35 SA) for the proposed development in principle as indicated on the drawings listed in Attachment No.10: Conditions of Site Plan Approval and subject to the draft conditions of Site Plan Approval listed as Attachment No.10 of this report dated August 29, 2019, from the Director, Community Planning, Scarborough District.

10. City Council delegate back to the Chief Planner or his designate the authority to issue final Site Plan Approval.

Scarborough Community Council held a statutory public meeting on September 16, 2019 and notice was given in accordance with the Planning Act.

This application proposes to permit 5 blocks of 4-storey stacked townhouses containing 182 residential units at 2787 and 2791 Eglinton Avenue East. The proposed development would have a total gross floor area of 15,750 square metres and a Floor Space Index of 1.85 times the lot area. A total of 218 vehicular and 137 bicycle parking spaces and 1 Type-G loading space would be provided to service the proposed development. The application also proposes a dedication of lands towards a new public park.

The original application was submitted on April 9, 2018, and City Planning staff brought forward a Request for Interim Directions Report, to Scarborough Community Council on July 4, 2018. Staff outlined why the development was not supportable as it did not demonstrate how it would fit into the planned context and vision for Avenues in accordance with the City's Official Plan.  Planning staff advised that the proposed development was not consistent with the Provincial Policy Statement (2014) and does not conform with the Growth Plan for the Greater Golden Horseshoe (2017). Planning staff continue to recommend refusal of the application for the same reasons.            

At the July 27, 2018, City Council meeting, City staff were directed to "bring forward a final report to the first Community Council meeting of 2019 considering the proposed townhouse development as reflected on the applicant’s plans dated April 2018 and also considering the City's Townhouse and Low-rise Apartment Guidelines ". Subsequently, it was determined that the extent of changes required were significant and therefore a report could not be brought forward to the first Community Council meeting of 2019. The applicant agreed to continue working with City staff to revise the proposal to further bring the application in compliance with the City's Townhouse and Low-rise Apartment Guidelines, as directed by Council.

As directed by Council, this report presents draft by-laws, without City Planning recommendation for approval, to amend City of Toronto Zoning By-law No. 569-2013, as amended and the Eglinton Community Zoning By-law No. 10048, as amended for consideration to enable the development as currently proposed.

Scarborough Community Council recommends that:

1. City Council direct City Planning staff to initiate a planning review for 1571 Sandhurst Circle, as outlined in this report in consultation with the area Councillor and landowner.

This report seeks Council direction for City Planning staff to initiate a planning review of lands located at 1571 Sandhurst Circle, also known as Woodside Square.   

The subject lands are designated "Special Policy Area" in the Official Plan with a Site and Area Specific Policy (SASP) that requires a planning review be completed to Council's satisfaction prior to allowing any additional uses beyond places of worship and commercial uses.

The existing mall has recently undergone renovations, and an application for expansion of the mall with a new cinema, retail and restaurant uses is currently being reviewed.  The landowner has expressed a desire to explore additional development opportunities for the site, including the potential for residential intensification of the lands.  The addition of uses beyond the existing permissions presents the need to initiate the planning review consistent with the SASP for the subject site. 

Through a thorough public consultation process and comprehensive analysis, the planning review will determine the appropriateness of providing additional land use permissions for the site.  The review will also establish the policy framework necessary for implementation of any redevelopment of the subject site.

Scarborough Community Council recommends that:

1. City Council designate the northerly westbound lane on Kingston Road, between Eglinton Avenue East and a point 30.5 metres east, for westbound right turns only, buses excepted.

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

Transportation Services, at the request of the Toronto Transit Commission (TTC), due to a new bus route operating on Kingston Road, recommends designating the westbound right-turn lane on Kingston Road at Eglinton Avenue East for right turns only, buses excepted.  The "Buses Excepted" tab signs will clearly define traffic lane usage, eliminate confusion and potential for an incident as TTC vehicles continue to travel through the intersection in the westbound direction from the right-turn lane.

Scarborough Community Council recommends that:

1. City Council prohibit northbound and eastbound left turns at all times at Midland Avenue and the private access located approximately 111 metres north of McNicoll Avenue.

As the Toronto Transit Commission (TTC) operates transit service on Midland Avenue, City Council approval of this report is required.

This report recommends prohibiting northbound and eastbound left turns at the driveway of 3700 Midland Avenue.  Prohibiting northbound and eastbound left turns will prevent vehicle and pedestrian conflicts at this right-in and right-out driveway.

The signs for northbound and eastbound left-turn prohibitions are in place at the subject driveway, but there are no By-law regulations in place to support them. Also, installation of additional signs are recommended.

Scarborough Community Council recommends that:

1. City Council prohibit eastbound U-turns at all times on Ellesmere Road, between Military Trail/Orton Park Road and a point 450 metres east.

As the Toronto Transit Commission (TTC) operates transit service on Ellesmere Road, City Council approval of this report is required.

This report recommends an eastbound U-turn prohibition on Ellesmere Road between Military Trail/Orton Park Road and a point 450 metres east.  Prohibiting U-turns will provide a safer environment for all road users along this section of Ellesmere Road.

The Toronto and East York Community Council recommends that: 

1. City Council authorize the permanent closure of the boulevard lands on the north-west corner of Phoebe Street and Soho Square, shown as Part 1 on Sketch No. PS-2017-025 (the "Highway") and Part 1 on Reference Plan 66R-30774, attached to the report (August 28, 2019) from the Director, Transportation Planning and Capital Program, Transportation Services.

2. City Council enact a by-law substantially in the form of the draft by-law attached as Appendix A to the report (August 28, 2019) from the Director, Transportation Planning and Capital Program, Transportation Services.

Transportation Services recommends that the boulevard lands on the north-west corner of Phoebe Street and Soho Square be permanently closed to allow for the transfer of Operational Management of the lands to Parks, Forestry and Recreation for a future enhanced green space.

The Toronto and East York Community Council recommends that: 

1. City Council authorize the permanent closure of the portion of the public lane at the rear of 27-37 Yorkville Avenue and abutting 26 Cumberland Street, shown as Parts 1, 2 and 3 on Sketch No. PS-2016-044 (the "Lane") and Parts 5, 6 and 18 on Reference Plan 66R-30438, upon construction, conveyance and dedication of a new public lane, shown as Part 4 on Sketch No. PS-2016-044 (the "New Lane Outlet"), attached to the report (August 28, 2019) from the Director, Transportation Planning and Capital Program, Transportation Services.

2. City Council enact a by-law substantially in the form of the draft by-law attached as Appendix A to the report (August 28, 2019) from the Director, Transportation Planning and Capital Program, Transportation Services.

Transportation Services recommends that the portion of the public lane at the rear of 27-37 Yorkville Avenue and abutting 26 Cumberland Street be permanently closed for incorporation into the redevelopment of the site as a mixed use project.

 
The portion of the public lane to be closed will be replaced with a new north-south public lane on the east side of 26 Cumberland Street.  The new lane outlet will be constructed to City standards and conveyed to the City by the owners of the abutting land, at no cost to the City.

In accordance with the Section 37 Agreement between the City and the owners, the parties have agreed that a portion of the public lane to be closed will be incorporated into the development site and the remaining portions of the closed public lane will be used to enhance the development and the adjacent areas.  In accordance with the Section 37 Agreement, the owners will re-convey stratified portions of the public lane to the City, for nominal consideration, for public park purposes and for incorporation into the Toronto Parking Authority parking garage which will form part of the overall development.

The Toronto and East York Community Council recommends that:

1. City Council rescind its previous decision on Item TE32.3.

2. City Council amend Zoning By-law 438-86, for the lands at 25 and 35 Liberty Street, 58 Atlantic Avenue and 51, 61, and 65 Jefferson Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (August 26, 2019) 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 Zoning By-law Amendment, noted in Recommendation 2 above, as may be required.

4. Before introducing the necessary Bills to City Council for enactment, City Council require the owner(s) to:

a) Enter into a Heritage Easement Agreement with the City for the properties at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51,61 and 65 Jefferson Avenue to the satisfaction of the Senior Manager, Heritage Planning, City Planning and the City Solicitor, and in accordance with the recommendations of the Staff report (April 6, 2018) to the Toronto Preservation Board from the Senior Manager, Heritage Planning with such agreement to be registered on title to the subject properties prior to the earlier of the coming into force of the Zoning By-law Amendment giving rise to the proposed alterations, or the issuance of any permit for all or any part of the properties, including a heritage permit or a building permit, but excluding permits for such repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning; and

b) Provide a Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for the properties at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61and 65 Jefferson Avenue, all to the satisfaction of the Senior Manager, Heritage Planning, in accordance with the recommendations of the Staff report (April 6, 2018) to the Toronto Preservation Board from the Senior Manager, Heritage Planning.

5. Before introducing the necessary Bills contemplated in Recommendation 2 above to City Council for enactment, City Council require the owner(s) to enter into an Agreement with the City, pursuant to Section 37 of the Planning Act, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, together with satisfactory provisions in the Zoning By-law Amendment, to secure the following, at the owner's expense, in connection with 25 and 35 Liberty Street, 58 Atlantic Avenue and 51, 61 and 65 Jefferson Avenue, with such agreement to be registered to the satisfaction of the City Solicitor prior to the earlier of the bills coming into force, or the issuance of any permit for all or any part of the properties, including a heritage permit or a building permit, including conditional permits and permits for excavation and shoring, but excluding permits for such repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning:

a) The following matters are recommended to be secured in a Section 37 Agreement:

i) A financial contribution by the owner of $1,250,000.00, payable prior to the issuance of the first above-grade building permit, towards the provision of affordable rental housing within Ward 10 in the vicinity of the site, including provision for upward indexing in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto for the period from the date of the execution of the Section 37 Agreement to the date of payment;

ii) The owner shall provide, secure and maintain 42 replacement live/work rental dwelling units within the proposed building, at rents as prescribed in Recommendation 6 below, all to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor;

iii) The owner shall provide tenant relocation and assistance to all eligible tenants, including securing the right to return to a replacement live/work rental dwelling unit within the proposed building at restricted rents all to the satisfaction of the Chief Planner and Executive Director, City Planning;

iv) Prior to final Site Plan Approval for the proposed Zoning By-law Amendment for the property located 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue, the owner shall:

A) Provide final site plan drawings substantially in accordance with the approved Conservation Plan, to the satisfaction of the Senior Manager, Heritage Planning;

B) Have obtained final approval for the necessary Zoning By-law Amendment required for the development lands, such Amendment to have come into full force and effect;

C) Provide a Heritage Lighting Plan that describes 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 Plan to the satisfaction of the Senior Manager, Heritage Planning;

D) Provide an Interpretation Plan for the heritage 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;

E) Submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning;

v) Prior to the issuance of any permit for all or any part of the property at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue, including a heritage permit or a building permit, and including conditional permits, 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:

A) Have obtained final approval for the necessary Zoning By-law Amendment required for the alterations to the property 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue, such amendment to have 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) Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan, 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.

C) 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 Plan, Lighting Plan, and Interpretation Plan.

vi) Prior to the release of the required Letter of Credit, the owner shall 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 approved Conservation Plan, approved Lighting Plan and approved Interpretation Plan and that an appropriate standard of conservation has been achieved, all to the satisfaction of the Senior Manager, Heritage Planning and shall provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

b) The following matters of convenience are recommended to be secured in the Section 37 Agreement by and at the owner's expense and thereafter implemented to the City's satisfaction:

i) Implementation of wind mitigation measures as determined through a wind tunnel analysis undertaken prior to the issuance of Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii) Design and construction of public realm improvements on Liberty Street, Jefferson Avenue and Atlantic Avenue, to the satisfaction of the Chief Planner and Executive Director, City Planning; and the General Manager, Transportation Services;

iii) Design and construction of the required improvements to municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report(s) prior to the issuance of the first above-grade building permit for all or any part of the development lands, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development, according to the accepted Functional Servicing and Stormwater Management Reports;

iv) Submission of a Construction Management Plan for the development lands, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services, and the Chief Building Official and Executive Director, Toronto Building, in consultation with the Ward Councillor, prior to the issuance of any permit, including a heritage permit or a building permit, and including conditional permits, 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, and thereafter shall implement the plan during the course of construction;

v) Matters related to heritage preservation of the existing heritage building at 58 Atlantic Avenue (25 Liberty Street), to the satisfaction of the Senior Manager, Heritage Planning; and

vi) Construction and mainenance of the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting held on December 5, 6, and 7, 2017, through the adoption of items PG 23.9 of the Planning and Growth Committee, and as may be further amended by City Council from time to time.

6. City Council approve the application for a Rental Housing Demolition permit in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of 42 existing live/work rental dwelling units located at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61 and 65 Jefferson Avenue subject to the following conditions:

a) The owner shall provide, secure and maintain not less than 42 replacement live/work rental dwelling units, comprised of at least 22 bachelor, 19 one-bedroom and 1 two-bedroom units, within the proposed 10-storey building on the subject site, for a period of at least 20 years, beginning from the date that each replacement live/work rental dwelling unit is first occupied, and as generally illustrated in the plans provided to the City Planning Division dated August 1, 2019. Any revision to these plans shall be to the satisfaction of the Chief Planner and Executive Director, City Planning;

b) The owner shall provide, secure and maintain at least 1 one-bedroom replacement live/work rental dwelling unit at affordable rent and 6 bachelor, 6 one-bedroom and 1 two-bedroom replacement live/work rental dwelling units at mid-range rents, for a period of at least 10 years, beginning from the date that each replacement live/work rental dwelling unit is first occupied; the remaining 28 replacement live/work rental dwelling units shall have unrestricted rents;

c) The owner shall provide ensuite laundry in each replacement live/work rental dwelling unit at no additional cost to tenants, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

d) The owner shall provide tenants of the replacement live/work rental dwelling units with access to all indoor and outdoor amenities in the proposed 10-storey building at no extra charge. Access and use of these amenities shall be provided without the need to pre-book or pay a fee, unless specifically required as customary practices for private bookings, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

e) The owner shall provide 12 vehicle parking spaces to tenants of the replacement live/work rental dwelling units, to the satisfaction of the Chief Planner and Executive Director, City Planning;

f) The owner shall provide tenant relocation and assistance to all eligible tenants of the existing live/work rental dwelling units, including the right to return to a replacement live/work rental dwelling unit, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and

g) The owner shall enter into and register on title to the subject site one or more Agreement(s) to secure the conditions outlined in Recommendation 6. a., b., c., d., e., and f. above to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, including an agreement pursuant to Section 111 of the City of Toronto Act, 2006.

7. City Council authorize the Chief Planner and Executive Director, City Planning Division, to issue the Preliminary Approval for the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code for the demolition of the 42 existing live/work rental dwelling units located at 25 and 35 Liberty Street, 58 Atlantic Avenue and 51, 61 and 65 Jefferson Avenue after all the following have occurred:

a) Satisfaction or securing of the conditions in Recommendation 6 above;

b) The Zoning By-law Amendment referred to in Recommendation 2 above 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 designate, pursuant to Section 114 of the City of Toronto Act, 2006;

d) The issuance of excavation and shoring permits for the approved development on the site; and

e) The execution and registration of one or more Section 37 Agreements pursuant to the Planning Act securing Recommendation 6. a., b., c., d., e., and f. above and any other requirements of the Zoning By-law Amendment.

8. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue the Rental Housing Demolition Permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning, has issued the Preliminary Approval referred to in Recommendation 7. above.

9. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code and Section 33 of the Planning Act no earlier than the issuance of the first building permit for excavation and shoring of the proposed development, and after the Chief Planner and Executive Director, City Planning, has issued the Preliminary Approval referred to in Recommendation 7 above, which may be included in the Residential Demolition Permit under 363-11.1, of the Toronto Municipal Code, on condition that:

a) The owner erects the proposed building on site no later than three (3) years from the day demolition of the buildings is commenced; and

b) Should the owner fail to complete the new building within the time specified in Recommendation 9. a. 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 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.

10. Council authorize the appropriate City officials to take such actions as are necessary to implement the recommendations above, including execution of the Section 111 Agreement, Section 37 Agreement, and Heritage Easement Agreement.

11. Before introducing the necessary bills contemplated in Recommendation 2 above to City Council for enactment, City Council require the owner(s) to submit revised Functional Servicing, Geotechnical and Stormwater Management Reports, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, that address the comments in the memo from the Manager, Development Engineering, Toronto and East York District (August 13, 2019).

This application is a modification of a proposal adopted by City Council at its meeting of May 22, 23, and 24, 2018, Agenda Item TE32.3, Final Report for Zoning By-law Amendment and Rental Housing Demolition applications. That proposal was to permit a 10-storey (49 metre, including mechanical penthouse) building with 25,570 square metres of commercial office space, and the retention of a three-storey heritage building at 25 and 35 Liberty Street, 58 Atlantic Avenue, and 51, 61, and 65 Jefferson Avenue.

The revised application proposes the development of a 10-storey (49 metre, including mechanical penthouse) building with 22,712 square metres of commercial office space and the on-site replacement of 42 existing live/work rental dwelling units. The proposed development also includes the retention of the three-storey heritage building on the northeast corner of the site.

The accompanying revised Rental Housing Demolition Application proposes the demolition of all 42 existing live/work rental dwelling units located on the subject site and provide 42 replacement live/work rental dwelling units within the proposed building. The demolition of the 42 existing live/work rental dwelling units was originally approved by City Council at its meeting on May 22, 23 and 24, 2018. This previous rental housing and demolition proposal was approved on the condition that the applicant provide 51 replacement rental dwelling units within two new rental apartment buildings currently under construction at 11 and 25 Ordanance Street. The owner was not able to fulfill the obligations related to the off-site replacement rental dwelling units.

This report provides information on the revised proposal including the replacement rental provisions and provides new recommendations and a revised Zoning By-law amendment to allow for the 42 existing live/work rental dwelling units to be demolished and replaced on the same site within the new proposed building. It is recommended that the Recommendations section in this report replace the Recommendations section of the report (April 16, 2018) adopted at May 22, 23, and 24, 2018 City Council in its entirety. 

The revised proposed development is consistent with the Provincial Policy Statement (2014) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019). The proposed development represents an appropriate development of the site.

This report reviews and recommends approval of the application to amend the Zoning By-law, subject to conditions being fulfilled before introducing the necessary Bills to Council for enactment. This report also reviews and recommends approval of the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code and the Residential Demolition Permit under Chapter 363 of the Toronto Municipal Code, subject to conditions. This report also recommends entering into Section 37 and Section 111 agreements for the site.

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, for the lands at 56 Yonge Street, 21 Melinda Street, 18 to 30 Wellington Street West, 187 to 199 Bay Street and 25 King Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (August 28, 2019) from the Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 569-2013, for the lands at 56 Yonge Street, 21 Melinda Street, 18 to 30 Wellington Street West, 187 to 199 Bay Street and 25 King Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9 to the report (August 28, 2019) from the Director, Community Planning, Toronto and East York District. 

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

4. Before introducing the Bills for the Zoning By-law Amendments to City Council for enactment, the owner shall:

a. Enter into a Heritage Easement Agreement with the City for the properties at 199 Bay Street, 25 King Street West and 56 Yonge Street in accordance with the plans and drawings last revised on April 29, 2019, prepared by Adamson Associates Architects, and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by ERA Architects Inc. dated December 18, 2017 and revised March 13, 2019, and in accordance with the Conservation Plan required in Recommendation 4.b. below, to the satisfaction of the Senior Manager, Heritage Planning including registration of such agreement to the satisfaction of the City Solicitor;

b. Provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 199 Bay Street, 25 King Street West and 56 Yonge Street prepared by ERA Architects Inc. dated December 18, 2017 and revised March 13, 2019, to the satisfaction of the Senior Manager, Heritage Planning;

c. The owner shall deliver to the City Solicitor an irrevocable written Notice of Withdrawal, addressed to the Local Planning Appeal Tribunal (the "LPAT"), of its appeal of Official Plan Amendment 352, City of Toronto By-law 1106-2016, and City of Toronto By-law 1107-2016 (Local Planning Appeal Tribunal Case PL161316, Appeal 59) which shall be held in escrow by the City Solicitor and shall only be released by the City Solicitor to the Local Planning Appeal Tribunal, with a copy to the owner, upon the earlier of:

i. the City Solicitor receiving written confirmation from the City Clerk's Office that no appeals of by-laws passed by City Council permitting the site-specific zoning by-law amendments for the subject site were filed with the City Clerk's Office prior to the expiry of the statutory period for filing an appeal under the Planning Act and the site-specific zoning by-law amendments are final and binding;

ii. the withdrawal of all appeals filed in respect of by-laws passed by City Council permitting the site-specific zoning by-law amendments for the subject site; or

iii. the final disposition of all appeals filed in respect of by-laws passed by City Council permitting the site-specific zoning by-law amendments for the subject site; and

5. Before introducing the necessary Bills to City Council for enactment, require the owner to enter into an Agreement pursuant to Section 37 of the Planning Act as follows:

a. Contributions to be allocated towards the following:

i. A contribution of $3,271,000, either as a cash contribution, or secured by way of a letter of credit, or combination thereof, shall be directed towards public streetscape improvements adjacent to the subject site as shown on the Landscape Plans by Claude Cormier + Associes dated March 13, 2019, to the satisfaction of the Chief Planner and Executive Director, City Planning, payable prior to the issuance of the first above grade permit;

ii. A cash contribution of $1,829,000 to be allocated to public streetscape improvements within the Financial District, of which the boundaries are established on Map 41-2 of the Downtown Plan, payable prior to the issuance of the first above grade permit;

iii. A cash contribution of $12,400,000 to be allocated to the discretion of the Ward Councillor towards:

A. The provision of new affordable housing within Ward 13, to be directed to the Capital Revolving Fund for Affordable Housing, payable prior to the issuance of the first above grade permit; and

B. The provision of local streetscape improvements within Ward 13, payable prior to the issuance of the first above grade building permit; and

iv. A contribution of a minimum value of $1,000,000 for on-site public art, through  the preparation of a public art plan, in accordance with City Planning's Percent for Public Art process, and with approval from City Council. Alternatively, if it is determined that the public art will not be on-site, the owner will contribute the $1,000,000 to the City's capital budget for Public Art off-site to be commissioned by the City. The owner agrees to advise the City, in writing of its chosen option prior to the issuance of the first building permit.

b.  The payment amounts referred to in Recommendation 5.a. herein to be increased upwards by indexing in accordance with the Non-residential Construction Price Index for the Toronto CMA, reported by Statistics Canada or its successor, calculated from the date of the Section 37 Agreement to the date the payment is made to the City;

c. In the event the cash contributions referred to in Recommendation 5.a. has not been used for the intended purposes within three (3) years of the By-laws coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 13; and

d. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development:

i. That the design of the 3-storey pavilion and the 65-storey tower and structural elements as shown on architectural plans by Adamson Associates dated March 13, 2019 be secured as part of site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii. That the owner is to provide a privately-owned publicly-accessible space (POPS) network as shown on the architectural plans by Adamson Associates dated March 13, 2019 and Landscape Plans by Claude Cormier + Associés dated March 13, 2019, and be secured as part of site plan approval and an easement agreement, including hours of operation and programming, to the satisfaction of the Chief Planner and Executive Director, City Planning;

iii. That the owner pay for and construct any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report, to be submitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support the development;

iv. That the owner implements the mitigation measures identified in the Pedestrian Wind Study dated April 30, 2019 by RWDI, secured as part of site plan approval, to the satisfaction of the Chief Planner and Executive Director, City Planning;

v. Comply with the City's Tree By-laws, including a tree planting plan, to the satisfaction of the Supervisor, Tree Protection and Plan Review, Urban Forestry, Parks Forestry and Recreation;

vi. That prior to final site plan approval the owner shall:

A. Provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 4.b. above to the satisfaction of the Senior Manager, Heritage Planning;

B. Have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

C. Provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Planning;

D. Provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their 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;

E. Submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning;

F. 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;

G. The owner submits an acceptable functional plan illustrating the proposed widening of the northerly boulevard along Wellington Street West between Yonge Street to Bay Street and the associated modifications in the pavement marking and road signs, to the satisfaction of the General Manager, Transportation Services;

H. The owner enters into a Municipal Infrastructure Agreement in respect of the northerly boulevard widening along Wellington Street West, as generally shown on the architectural plans by Adamson Associates dated March 13, 2019, to the satisfaction of the General Manager, Transportation Services;

I. The owner to pay all costs associated with the proposed boulevard extension along the Wellington Street West frontage of the building between Yonge Street to Bay Street including pavement marking and signing plans required as a result of the boulevard extension identified in Recommendations 5.d.vi.G. and H. above; and

vii. That prior to the issuance of any permit for all or any part of the properties at 199 Bay Street, 25 King Street West and 56 Yonge Street, 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:

A. Have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

B. Provide building permit drawings, including notes and specifications for the conservation and protective measures identified in the approved Conservation Plan as required in Recommendation 4.b. 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

C. 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 Plan Lighting and Interpretation Plan; and

viii. That prior to the release of the Letter of Credit required in Recommendation 5.d.vii.C. above, the owner shall:

A. 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 and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and

B. Provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

At its July 16, 17 and 18, 2019 meeting, City Council referred Item TE7.16 back to Toronto and East York Community Council, for further consideration.

This application proposes to permit a 65-storey Class A office building and a 3-storey glass pavilion at the south end of the Commerce Court complex that will add 169,993 square metres of non-residential gross floor area, resulting in a total gross floor area of 361,560 square metres to the complex. The application also includes the retention of the heritage listed 8-storey Hotel Mossop building at 56 Yonge Street. The heritage designated Commerce Court complex will be altered to accommodate the new buildings, which includes the demolition of the existing 6-storey Commerce Court South building and the 13-storey Commerce Court East building.  The façades of the east building will be reconstructed and incorporated into the new office building.  The Commerce Court West and Commerce Court North buildings are being retained.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019).

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

This proposal was considered by the Toronto and East York Community Council on June 25, 2019, item TE7.16, that recommended City Council adopt the proposed Zoning By-law amendments to permit the proposal. On July 16, 2019, City Council referred the item back to the Toronto and East York Community Council for further consideration, as the section 37 benefits package for the proposed increased density on the site has not been finalized. A section 37 benefits package has now been finalized.

The purpose of the report is revise the recommendations of the Section 37 community benefits package in conjunction with the recommendations to approve the 65-storey office building and 3-storey glass pavilion in the Final Report dated August 28, 2019.

The Toronto and East York Community Council recommends that:

1. City Council revise Zoning By-law No. 438-86, as amended, for the lands identified in the Port Lands Planning Framework as McCleary District, Media City District and Turning Basin District, substantially in accordance with the draft Zoning By-law Amendment, attached as Attachment 1 to the supplementary report (September 13, 2019) 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.

This report recommends a zoning by-law amendment to revise the list of permitted land uses in three Port Lands Districts - McCleary District, Turning Basin District and Media City.

Interim Control By-law 979-2017 was adopted by City Council on October 2, 2017. It prohibited certain incompatible uses in a portion of the Port Lands for one year while City staff undertook planning studies to implement the Port Lands Planning Framework (PLPF), adopted on December 8, 2017. By-law 979-2017 was extended for one additional year, to the maximum permitted under Section 38 of the Planning Act. Although many of the planning studies have advanced, the Interim Control By-law will expire prior to the completion of studies for several districts that are covered by the By-law. As a result, existing zoning permissions will be in force and effect on October 2, 2019, permitting many uses that are incompatible with PLPF direction.

The Port Lands land uses, as identified in the PLPF Appendix 2: Desirable Uses, Permissible Uses and Uses Open for Consideration, sets out the first principles for the Production, Creative and Interactive (PIC) Core Urban Design Guidelines Study and the McCleary District Precinct Plan. This work will continue to advance after the Interim Control By-law expires.

As an interim measure to regulate land uses while planning studies for McCleary District, Turning Basin District and Media City to continue, a zoning by-law amendment of Zoning By-law 438-86 will ensure that land use permissions for these districts are consistent with the PLPF land use direction, permitting uses that the City is encouraging while prohibiting uses that are incompatible with the Port Lands vision. Existing land uses on specific properties within McCleary District,Turning Basin District and Media City that are not desirable within the PLPF are permitted on a site-specific basis in the proposed zoning bylaw amendment. This will permit these existing uses to continue as-of-right while various planning studies continue.

The proposed zoning bylaw amendment will apply to McCleary District, Turning Basin District and Media City, as represented in Attachment 1. The By-law amendment is generally consistent with the employment-focused uses within PLPF Appendix 2, permitting a wide range of modern flexible employment, light industrial, and production-related uses like warehousing, manufacturing, emerging industries, printing, publishing and digital media firms, film and television studios and ancillary uses, artist studios, workshops, service commercial, and office. The By-law amendment only addresses land use permissions and does not include any new performance standards, which would be identified through further planning studies. 

The purpose of this Supplementary Report is to recommend that the proposed McCleary District, Turning Basin and Media City Zoning By-law Amendment be revised for the lands associated with Pinewood Toronto Studios, located at 101-301 Commissioners Street and 1-21 Basin Street to retain the existing I3 and I4 zoning that supports film studio expansion and removed undesirable land uses as identified by the Council-adopted Port Lands Landing Framework (PLPF). The report explains the resulting changes to the Pinewood Studio lands' land use permissions.

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 569-13, as amended, for the lands identified in the Port Lands Planning Framework as Warehouse District substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (August 19, 2019) from the Director, Community Planning, Toronto and East York District.

2. City Council amend Zoning By-law 569-13, as amended, for the lands identified in the Port Lands Planning Framework as East Port and South Port, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 8 to the report (August 19, 2019) from the Director, Community Planning, Toronto and East York District.

3. City Council amend Zoning By-law 569-13, as amended, for the lands identified in the Port Lands Planning Framework as Maritime Hub, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9 to the report, (August 19, 2019) from the Director, Community Planning, Toronto and East York District.

4. City Council amend Zoning By-law 569-13, as amended, for the lands identified in the Port Lands Planning Framework as Leslie Green Portal and Turning Basin Park, and 55, 79 and 115 Unwin Avenue, substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 10 to the report, (August 19, 2019) from the Director, Community Planning, Toronto and East York District.

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

6. City Council direct the Chief Planner and Executive Director, City Planning to undertake Port + Industrial Urban Design Guidelines for East Port, South Port and Warehouse District to accompany amendments to Zoning for these employment-focused districts.  

7. City Council directs Chief Planner and Executive Director, City Planning to explore operational and security requirements of port users adjacent to the Don Greenway South to identify potential performance standards during the development of Port + Industrial Urban Design Guidelines.

8. City Council direct the Chief Planner and Executive Director, City Planning, to take any other actions necessary to implement the directions outlined in the report (August 19, 2019) from the Director, Community Planning, Toronto and East York District.

The purpose of the Port Lands Zoning Review Study is to align Zoning By-law 569-13 with the Port Lands Planning Framework (PLPF) and implementing Official Plan Modification (OPM) to facilitate appropriate development that is consistent with the Council-adopted vision for the Port Lands and modernizing zoning regulation for the employment-focused districts in the Port Lands - specifically East Port, Warehouse District and South Port. The Study has reviewed zoning regulations for Maritime Hub, a destination/catalytic district that is the gateway to Cherry Beach. 

Adopted by City Council on December 8, 2017, the PLPF is a strategic planning study that provides specific guidance to how Regeneration Areas in the Port Lands will develop over the next 50 years, with land use typologies that create a unique mix of employment-focused districts and mixed use precincts. The PLPF addresses land use, transportation, infrastructure, community facilities, parks, biodiversity, built form and sustainability. The PLPF envisions the employment-focused districts will support modern employment, industrial, port and City-servicing uses that provide diverse opportunities for the intensification of employment uses to accommodate approximately 30,000 employees. 

The PLPF and OPM anticipate that East Port, South Port and Warehouse District will continue to serve Toronto's port and industrial needs.

The Zoning Review Study has been completed with the objective of modernizing zoning in the Port Lands. The current Zoning By-law 438-86 regulations do not permit many desirable land uses, whereas many unwanted land uses are currently permitted. These outdated regulations have resulted in legally non-conforming uses south of the Ship Channel and rezoning or minor variance applications for land uses in the employment-focused districts.

The Zoning Review Study has been completed with the objective of modernizing zoning in the Port Lands through amendments to Zoning Bylaw 569-13. Zoning By-law 569-13 was adopted by City Council on May 9, 2013 to replace the 42 pre-amalgamation zoning by-laws, and is currently not in force for the Port Lands. This report recommends four (4) zoning by-law amendments to Zoning By-law 569-13:

·         Warehouse District Zoning Bylaw Amendment  

·         East Port and South Port Zoning By-law Amendment  

·         Maritime Hub Zoning By-law Amendment  

·         Open Space Zoning By-law Amendment  

The Zoning Review Study recommends new performance standards, such as built form, setbacks from a lot line, landscaping, and building height that were informed by the PLPF recommendations and the Port Lands OPM policy framework. The proposed Zoning By-law Amendments were developed with consideration of comments from community consultations, including stakeholders, and land-owners and users, and the public, as well as input from other agencies and divisions.

A policy-oriented industrial parking rates analysis was undertaken as part of the Study, including a review of existing zoning requirements, parking demand surveys, a first principles analysis, and a policy review, resulting in recommended minimum and maximum parking standards for industrial land-uses permitted in the Port Lands to support the shift towards active and sustainable transportation as the primary means of travel in the Port Lands.

This report also recommends that Port and Industrial Urban Design Guidelines be developed to support the outcomes of the Zoning Review Study. Specifically, these Port and Industrial Urban Design Guidelines will provide further direction on public realm and street frontage interfaces; landscaping; site organization; screening of open storage; and interfaces between proposed parks and industrial/port uses.

The Toronto and East 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 as generally illustrated on Attachment 3 to the report (August 28, 2019) from the Director, Community Planning, Toronto and East York District subject to:

 
a.  The conditions as generally listed in Attachment 4 to the report (August 28, 2019) from the Director, Community Planning, Toronto and East York District, which, except as otherwise noted, must be fulfilled prior to final approval and the release of the Plan of Subdivision for registration; and

 
b.  Any such revisions to the proposed subdivision plan or any such additional 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 the development at 215 Lake Shore Boulevard East.

This application for Draft Subdivision Approval proposes two (2) development blocks, which would permit a maximum gross floor area of 134,750 square metres of mixed-use development (approximately 84,000 square metres in Phase 1, and 48,000 square metres for Phase 2). 

The subject site (FedEx North) is located at 215 Lake Shore Boulevard East, and is part of a larger block of land, which includes properties at 178-180 Queens Quay East (FedEx South), and 162 Queens Quay East.  The FedEx North property is owned by Greenland Lakeside Development Company Ltd (Greenland).

The Draft Plan of Subdivision application includes the Owner's contribution to lands necessary for the creation of a new public road and land dedications to be conveyed to the City for the reconfiguration of Lower Sherbourne Street.

A related zoning by-law amendment application was filed by Greenland to remove the holding symbol (H) from Phase 1 of the development on the lands consisting of Block 3 on Part of Block 13, Registered Plan 694-E, located on the south of Lake Shore Boulevard East, west of Lower Sherbourne Street.  A copy of the final report can be found here:

http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2019.TE6.11

This report advises that the Chief Planner and Executive Director, City Planning intends to approve the Draft Plan of Subdivision.

The Toronto and East York Community Council recommends that:

1. City Council further amend former City of Toronto Railway Lands East Zoning By-law 168-93, as amended by By-law 1104-2016, for the lands bounded by Bay Street, Yonge Street, 1 Front Street West and the Rail Corridor (municipally known in 2018 as 141 Bay Street and the portion of lands designated for Transportation uses between Bay and Yonge Streets) substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 1 to the report (August 20, 2019) from the Director, Community Planning, Toronto and East York District.

This application proposes to remove the Holding symbol (h) from Block 1a of the lands bounded by Bay Street, Yonge Street, 1 Front Street West and the Rail Corridor (municipally known in 2018 as 141 Bay Street and the portion of lands designated for Transportation uses between Bay and Yonge Streets) to permit the development of a 53-storey office tower with a 7-storey podium.

The owner has submitted Servicing Plans for the lot to the satisfaction of the General Manager, Toronto Water and the Executive Director, Engineering and Construction Services and have received confirmation from the General Manager, Toronto Water that there is sufficient servicing capacity to accommodate the development, both of which were conditions for the 'h' removal.

The Toronto and East York Community Council recommends that:

1. City Council approve the Rental Housing Demolition Application in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of three existing rental dwelling units located at 149, 151, 153, 155 and 157 Bathurst Street.

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 for the demolition of three existing rental dwelling units at 149, 151, 153, 155 and 157 Bathurst Street after all of the following have occurred:

a. satisfaction of Recommendation 1 above;

b. the site-specific Zoning By-law Amendments have been approved by the Local Planning Appeal Tribunal; and

c. the Owner has made every reasonable effort to work with city staff and the Ward Councillor's office to develop an appropriate interim use for the site after demolition of the existing buildings has occurred and entered into any necessary and appropriate commitments to secure such use, all to the satisfaction of the Ward Councillor and in consultation with the Chief Planner and Executive Director, City Planning.

3. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue the Rental Housing Demolition Permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning, has Issued the Preliminary Approval referred to in Recommendation 2 above..

4. City Council authorize the Chief Building Official to issue a Residential Demolition Permit under Section 33 of the Planning Act 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 for Chapter 667 under 363-11.1, of the Toronto Municipal Code, on condition that:

a. that a construction fence be erected prior to the commencement of any demolition on the site in accordance with the provisions of the Municipal Code, Chapter 363, Article III, and be maintained during construction of any interim use, if deemed appropriate by the Chief Planner and Executive Director, City Planning, and the Ward Councillor;

b. that all debris and rubble be removed immediately after demolition; and

c. that any holes on the property be backfilled with clean fill.

This Rental Housing Demolition Application proposes to demolish a total of seven dwelling units, three of which are rental dwelling units, located within five houseform buildings at 149, 151, 153, 155 and 157 Bathurst Street. All existing dwelling units and dwelling rooms are currently vacant and boarded up.

The related Zoning By-law Amendment Application (16 191733 STE 20 OZ) proposes to redevelop the site with a 16-storey mixed-use building containing retail uses at grade, 88 residential dwelling units above and 18 parking spaces accommodated in parking stackers. The building will have a height of 49.5 metres (52 metres including the mechanical penthouse). This application is the subject of a settlement at the Local Planning Appeal Tribunal (LPAT) which City Council endorsed at its meeting on July 27, 2018. The final Board Order is pending until all outstanding matters, including the necessary agreements with the City, are secured.

Shortly after the Tribunal issued its oral decision on the related Zoning By-law Amendment Application, the subject site was sold. The new owner is currently exploring other redevelopment opportunities for the subject site.

Due to the current state of the existing houseform buildings at 149, 151, 153, 155 and 157 Bathurst Street, the new property owner has requested relief from the City's standard preliminary approval conditions for the Rental Housing Demolition Permit and Residential Demolition Permit. Staff are in support of this request on the condition that the new property owner work with city staff and the local Councillor's office to develop an appropriate interim use for the subject site.

This report recommends approval of the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code and the Residential Demolition Application under Chapter 363 of the Toronto Municipal Code, subject to conditions.

The Toronto and East York Community Council recommends that:

1. City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal (LPAT) respecting the Official Plan Amendment 273 appeal and the site specific Zoning By-law Amendment Appeal for 2 Tecumseth Street and 125-133 Niagara Street in support of the revised proposal,  as described in the Issue Background section of the report from the Director, Community Planning, Toronto and East York District (August 16, 2019) and also appended as Attachments 5-10.

2. City Council authorize the City Solicitor and the Director, Community Planning, Toronto and East York District to prepare and present a settlement to the Local Planning Appeal Tribunal that is substantially in accordance with the revised plans appended as Attachments 5-10 and include the following:

a. A maximum building height of 83 meters (for Building 1), 98 metres (for Building 2) and 36 metres (for Building 3) and 10 metres (for Building 4);

b. A maximum overall gross floor area of 88,600 square metres and density of 4.53 times the area of the lot;

c. A minimum on-site parkland dedication of 1,493 square metres;

d. A multi-use path situated along the southern boundary of the site, measuring a minimum width of four metres for it entire length.

3. City Council instruct the City Solicitor to request that the Local Planning Appeal Tribunal withhold its Order on Official Plan Amendment 273 and the Zoning By-law amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a. the proposed Official Plan Amendment 273 and the Zoning By-law amendment are in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. all engineering and site access matters have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

c.  the owner agrees to pay for and construct any improvements to the municipal infrastructure in connection with the site servicing report, as accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that upgrades to such infrastructure are required to support this development;

d. the owner has submitted a Rail Safety Report which has been accepted by the City's peer reviewer, as paid for by the owner, and to the satisfaction of the Chief Planner and Executive Director, City Planning;

e. a Section 37 agreement has been executed and registered to the subject property, to secure the following matters:

i. The owner shall provide affordable rental housing units on the subject site, equal to a value of $6,000,000.00 and to the satisfaction of the Chief Planner and Executive Director, City Planning, or provide a $6,000,000.00 financial contribution to the Affordable Housing Capital Revolving Fund in lieu of the affordable rental housing units being provided on the subject site. 

ii. If taken as a cash contribution, the $6,000,000.00 contribution referred to in Recommendation e.i. above shall be indexed upwardly in accordance with Statistics Canada's Construction Price Index for the Toronto Census Metropolitan Area, calculated from the date of the Local Planning Appeal Tribunal decision to the date of payment.  All cash contributions will be payable prior to issuance of the first above-grade building permit.

f. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the proposed development:

i. The owner agrees to implement above base park improvements to the proposed parkland on the west side of the site, to be funded by a combination of development charge credits and any financial considerations required in lieu of the parkland dedication shortfall, in accordance with Section 42 of the Planning Act, as of the date of the report (August 16, 2019) from the Director, Community Planning, Toronto and East York District.

ii. The owner agrees to construct a multi-use path at a minimum width of four metres, located on private property along the rail corridor at the south side of the site, to be offset by development charge credits;

iii. The owner agrees to maintain, at the owners cost, the multi-use path referred to in Section ii. above, clear of any debris, snow and ice and also to be responsible for all capital maintenance costs;

iv. The owner agrees to design and construct public realm improvements above the base condition at the southern terminus of the Tecumseth Street right-of-way, to be offset by applicable Development Charge credits, to the satisfaction of the General Manager, Transportation Services;

v. The owner agrees that, of the residential market units provided on the site, a minimum of 20 percent  and 10 percent will be provided as two-bedroom units and  three-bedroom units respectively;

vi. The owner agrees to submit, and thereafter implement, a construction management plan to address such matters as wind, noise, dust, street closures, parking and laneway uses and access.  Such plan shall be to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, in consultation with the local Councillor and shall be submitted prior to the commencement of any shoring and excavation work;

vii. The owner agrees to use reasonable efforts to secure affordable rent for additional units within the proposed building, beyond those referred to in Section e.i. above, through Federal, Provincial and/or Municipal funding programs which may become available;  

viii. The owner agrees to provide a minimum of one times the area of the lot (approximately 19,480 square metres) as residentially compatible employment space;

ix. The owner agrees to implement any mitigation measures as identified through the review of the Site Plan application to mitigate impacts from the adjacent City Works Yard;

x. Prior to the issuance of Notice of Approval Conditions for the Site Plan application, the owner shall incorporate all mitigation measures from the rail safety study accepted by the City's peer reviewer into the drawings submitted for Site Plan Approval, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and prior to Site Plan Approval, agree that all mitigation measures be constructed and maintained by the owner at its sole cost and expense;

xi. Prior to the issuance of Notice of Approval Conditions for the Site Plan application, the owner shall submit a Noise and Vibration Feasibility Study to the satisfaction of the Chief Planner and Executive Director, City Planning Division, and provide certification from the noise and vibration consultant that all recommended mitigation measures have been incorporated into the drawings submitted for Site Plan Approval;

xii. The owner agrees to submit a wind tunnel analysis prior to the issuance of final Site Plan Approval and implement any mitigation measures identified in the analysis; and

xiii. The owner agrees to grant any necessary public access easements in favour of the City for areas within the site such as the multi-use pathway and publicly-accessible open space areas.

xiv. As part of the materials submitted with the forthcoming Site Plan application at 2 Tecumseth Street and 125-133 Niagara Street, the applicant shall submit a revised Transportation Impact Study (TIS)  containing a review and analysis of the following:

 
i. Existing and projected pedestrian and cycling demand and an assessment of the adequacy of the existing pedestrian and cycling infrastructure to safely and comfortably accommodate such demand;

 
ii. Recommendations on possible road safety measures including, but not limited to, signage, speed-bumps, bump-outs and pavement treatments and markings to be implemented for the area in and around Wellington Street West between Bathurst Street and Strachan Avenue in order to improve existing and future pedestrian and cycling safety;

 
iii. Evaluation of additional possible improvements to pedestrian and cycling crossings of the intersections at Wellington Street West and Tecumseth Street and Wellington Street West and Strachan Avenue; and

 
iv. General description of the anticipated pedestrian and cycling desire lines to/from and through the site and the new public park to the west.

The applicant, together with the Local Councillor, City Planning staff and any other City Divisions deemed relevant, will conduct a community engagement process in the development of the Transportation Impact Study.  

xv. The owner agrees to make provisions for a variety of uses and programming including non-retail uses in the non-residential areas of the development.

4. City Council amend Schedule B of the City of Toronto Municipal Code, Chapter 925, Permit Parking, to incorporate a revised map of Permit Parking Area "4I" to exclude 2 Tescumseth Street and 125-133 Niagara Street.

The revised Zoning Amendment By-law application proposes to redevelop the site with four buildings containing a mix of commercial, employment and residential uses, an on-site public park, a multi-use path, additional pedestrian and cycling connections and two privately-owned, publicly-accessible open spaces at 2 Tecumseth Street and 125-133 Niagara Street. The proposed development is comprised of a 22 and a 30-storey mixed-use building, a 7-storey commercial building and a two-storey commercial building.

As is detailed in the Proposal section of this report, the proposed revised Zoning By-law Amendment application is significantly different from the original Official Plan and Zoning By-law Amendment applications submitted by the applicant on November 17, 2017 which staff did not support.

On March 29, 2018, the applicant appealed the November 17, 2017, Zoning By-law Amendment application to the Local Planning Appeal Tribunal (LPAT) and on May 28, 2018, appealed the Official Plan Amendment application, citing City Council's failure to make a decision within the time prescribed by the Planning Act. At its meeting on July 23, 2018, City Council adopted a Request for Direction report opposing the development, but also including a recommendation that City Planning continue discussions with the applicant to resolve outstanding issues with the proposal.

The subject site is located within the lands subject to Official Plan Amendment (OPA) 273. Official Plan Amendment 273 was adopted by City Council on August 25, 26, 27 and 28, 2014, and included a series of amendments to the Official Plan Land Use Maps and Garrison Common North Secondary Plan. OPA 273 was appealed by the previous owner of 2 Tecumseth Street and 125 - 133 Niagara Street. There were no other appellants to OPA 273.

On January 9, 2019, the applicant withdrew their appeal of the site specific Official Plan Amendment and subsequently, at a pre-hearing at the LPAT on August 9, 2019, the site specific Zoning By-law amendment appeal was consolidated with the appeal of OPA 273.

Approval of the revised site specific Zoning Amendment By-law application as proposed by the applicant would require associated amendments to OPA 273.

The Settlement Offer reviewed and supported in this report, details changes to the proposed Zoning Amendment application and amendments to OPA 273. These changes are the result of extensive discussions between the Applicant and City staff, including input from area residents. As such, the revised proposal significantly alters the form, height, and location of the buildings on the site, as well as the mix of uses contained within each building, from that which was originally submitted by the applicant on November 17, 2017. The revised, settlement plans are attached as Attachments 5-10 to this report.

The revised Zoning By-law Amendment and amendment to OPA 273 is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019).

This report reviews the revised proposal and recommends that City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal in support of a settlement of the Official Plan Amendment 273 appeal and the site specific Zoning By-law amendment appeal, subject to conditions as outlined in the Recommendations section of this report.

A pre-hearing at the Local Planning Appeal Tribunal has been scheduled for January 16, 2020. Should City Council adopt the recommendations of this report, the Local Planning Appeal Tribunal may convert the pre-hearing into a settlement hearing.

The Toronto and East York Community Council recommends that:

1. City Council approve the alterations to the heritage building at 52 Boswell Avenue, in accordance with Section 42 of the Ontario Heritage Act, with such alterations substantially in accordance with the plans prepared by Farrow Partners Inc., dated March 5, 2019 (TLAB drawings regarding roof terrace); June 6, 2019 (Preliminary Project Review application drawings) and July 4, 2019 (Landscape plan), and on file with the Senior Manager, Heritage Preservation Services, and subject to the following conditions:

a. That prior to the issuance of any heritage permit for the property at 52 Boswell Avenue, but excluding permits for interior work, repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Preservation Services, the applicant provide the following to the satisfaction of the Senior Manager, Heritage Preservation Services;

b. The landscape plan hereby approved shall be implemented within one year of the substantial completion of the development hereby approved or such longer period as is acceptable to the Senior Manager, Heritage Preservation Services. Any trees removed, dying, being severely damaged or becoming diseased within two years of planting shall be replaced with trees of similar size and species to those originally required to be planted;

c. The car lift shall remain in its below-grade location at all times apart from when in use for moving a vehicle to the below grade garage and when needed above ground for maintenance purposes.

This report recommends that City Council approve the proposed alterations at the existing three-storey detached house-form building at 52 Boswell Avenue. This property is designated under Part V of the Ontario Heritage Act as part of the East Annex Heritage Conservation District Study (EAHCD Study). It is a category "X" property, meaning it is "too recent to be given an accurate heritage evaluation" and therefore "…is not of heritage significance at this time." The East Annex Heritage Conservation District Study discourages additions to the front of buildings and says that front yard parking should be avoided.

Constructed circa 1962, this house is currently set approximately 6.6 metres back from the front property line along Boswell Avenue. The applicant is proposing additions to the front, rear and roof. The front addition would be 3.05 metres deep and would mean the house would now be set 3.6 metres back from the front property line. The adjacent houses at 54 Boswell Avenue and 50 Boswell Avenue are set back 1.57 metres and 4.42 metres respectively; as a consequence the proposed front addition would be closer to the average front yard setback and would therefore be more in keeping with the existing character and appearance of this part of Boswell Street. The design of the proposed front addition has also been revised to more closely reflect the design of the adjacent houses.

The existing house currently has a sloped driveway to an integral garage. Such parking arrangements are discouraged in the East Annex Heritage Conservation District Study because of the impact they have on the front yard gardens and tree coverage. The proposal, which was subject to a minor variance application and approved by the Local Planning Appeal Tribunal, involves replacing the sloped driveway with a below-grade vehicle lift and to include some additional front yard planting. This is more in keeping with the design guidelines of the East Annex Heritage Conservation District Study.

A roof terrace with frosted glass railings and an elevator machine room are proposed to be set more than 6.6 metres and 5.2 metres back, respectively, from the new front main wall of the house. Neither are anticipated to have a significant impact from the public realm.

Overall, the proposed alterations would have a minimal impact on the heritage character of this stretch of the north side of Boswell Avenue.

This report recommends that City Council approve the proposed alterations at the existing three-storey detached house-form building at 52 Boswell Avenue. This property is designated under Part V of the Ontario Heritage Act as part of the East Annex Heritage Conservation District Study (EAHCD Study). It is a category "X" property, meaning it is "too recent to be given an accurate heritage evaluation" and therefore "…is not of heritage significance at this time." The East Annex Heritage Conservation District Study discourages additions to the front of buildings and says that front yard parking should be avoided.

Constructed circa 1962, this house is currently set approximately 6.6 metres back from the front property line along Boswell Avenue. The applicant is proposing additions to the front, rear and roof. The front addition would be 3.05 metres deep and would mean the house would now be set 3.6 metres back from the front property line. The adjacent houses at 54 Boswell Avenue and 50 Boswell Avenue are set back 1.57 metres and 4.42 metres respectively; as a consequence the proposed front addition would be closer to the average front yard setback and would therefore be more in keeping with the existing character and appearance of this part of Boswell Street. The design of the proposed front addition has also been revised to more closely reflect the design of the adjacent houses.

The existing house currently has a sloped driveway to an integral garage. Such parking arrangements are discouraged in the East Annex Heritage Conservation District Study because of the impact they have on the front yard gardens and tree coverage. The proposal, which was subject to a minor variance application and approved by the Local Planning Appeal Tribunal, involves replacing the sloped driveway with a below-grade vehicle lift and to include some additional front yard planting. This is more in keeping with the design guidelines of the East Annex Heritage Conservation District Study.

A roof terrace with frosted glass railings and an elevator machine room are proposed to be set more than 6.6 metres and 5.2 metres back, respectively, from the new front main wall of the house. Neither are anticipated to have a significant impact from the public realm.

Overall, the proposed alterations would have a minimal impact on the heritage character of this stretch of the north side of Boswell Avenue.
 
Background Information
(August 5, 2019) Report and Attachments 1-3 from the Senior Manager, Heritage Preservation Services, Urban Design, City Planning - Alterations to a Property Designated under Part V of the Ontario Heritage Act - 52 Boswell Avenue
(http://www.toronto.ca/legdocs/mmis/2019/pb/bgrd/backgroundfile-136511.pdf)

 
Speakers
David Neligan, Aird & Berlis
Emma Cohlmeyer, ERA Architects

The Toronto and East York Community Council recommends that:  

1. City Council state its intention to designate the property at 39 Commissioners Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 39 Commissioners Street (Reasons for Designation) attached as Attachment 4 to the report dated (August 7, 2019) from the Senior Manager, Heritage Preservation Services, Urban Design, City Planning.

2.  If there are no objections to the designations in accordance with Section 29(6) of the Ontario Heritage Act, 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.

3.  If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board.

4.  If the designation is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council's decision on the designation of the property.

5. City Council approve the alterations to the heritage property at 39 Commissioners Street, in accordance with Section 33 of the Ontario Heritage Act, to allow for the relocation of Fire Hall No. 30 within a new City park on the lands known municipally in the 2019 as 39 Commissioners Street, with such alterations substantially in accordance with plans and drawings dated October 20, 2018 and revised July 26, 2019, prepared by ERA Architects Inc., and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment (HIA), prepared by ERA Architects Inc., dated July 26, 2019 and revised August 1, 2019, and on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with Conservation Plans satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following additional conditions:

a. That prior to the issuance of any permit to allow for the initial relocation of Fire Hall No. 30, including a heritage permit or a building permit, the owner shall:

1. Provide a detailed Phase 1 Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out  in the Heritage Impact Assessment for 39 Commissioners Street prepared by ERA Architects, dated July 26, 2019 and revised August 1, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services;

2. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Phase 1 Conservation Plan required in Recommendation 5.a.1 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 Preservation Services.

b. That prior to final Site Plan approval for the proposed adaptive reuse of Fire Hall No. 30 the owner shall:

1. Provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Preservation Services;

2. Provide a Heritage Lighting Plan that describes how the exterior of the heritage property will be sensitively illuminated to enhance its heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Preservation Services;

3. Provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services.

c. That prior to the issuance of any permit for all or any part of the property at 39 Commissioners Street, including a heritage permit or a building permit, but excluding permits to allow for the initial relocation of Fire Hall No. 30,  Recommendation 5.a. above) and permits for repairs and maintenance and usual and minor works for the existing heritage building as are acceptable to the Senior Manager, Heritage Preservation Services, the owner shall:

1. Provide a detailed Phase 2 Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out  in the Heritage Impact Assessment for 39 Commissioners Street prepared by ERA Architects Inc., dated July 26, 2019 and revised August 1, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services;

2. Provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Phase 2 Conservation Plan required in Recommendation 5.c.1. 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 Preservation Services.

d. That prior to a permit for first occupancy the owner shall:

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 Plans and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services.

This report recommends that Toronto City Council approve the alterations proposed for the heritage property located at 39 Commissioners Street, Fire Hall No. 30, to facilitate the Port Lands Flood Protection and Enabling Infrastructure Project, and that Council state its intention to designate the property under Part IV, Section 29 of the Ontario Heritage Act.

This report recommends that Toronto City Council approve the alterations proposed for the heritage property located at 39 Commissioners Street, Fire Hall No. 30, to facilitate the Port Lands Flood Protection and Enabling Infrastructure Project, and that Council state its intention to designate the property under Part IV, Section 29 of the Ontario Heritage Act.
 
Background Information
(August 7, 2019) Report and Attachments 1-5 from the Senior Manager, Heritage Preservation Services, Urban Design, City Planning - Alterations to a Heritage Property, Intention to Designate under Part IV, Section 29 of the Ontario Heritage Act - 39 Commissioners Street
(http://www.toronto.ca/legdocs/mmis/2019/pb/bgrd/backgroundfile-136512.pdf)

 
Speakers
Graeme Stewart, Partner, ERA Architects
Terese Sears, Urban Domain Inc.
Shannon Baker, Waterfront Toronto

The Toronto and East York Community Council recommends that:

1. City Council authorize the installation of an on-street accessible parking space at the location identified in Appendix A attached to the report (August 28, 2019), from the Acting Director, Traffic Management, Transportation Services.

The purpose of this report is to obtain authorization for the installation of an on-street accessible parking space for persons with disabilities.

As the Toronto Transit Commission (TTC) operates a transit service on the subject street, City Council approval of this report is required.

The Toronto and East York Community Council recommends that:

1.  City Council authorize the temporary traffic and parking regulations on streets in the vicinity of Distillery District that are impacted during the Toronto Christmas Market, identified in Appendix A attached to the report (August 27, 2019) from the Acting Director, Traffic Management, Transportation Services, subject to Toronto and East York Community Council adoption of  Item TE8.34  The temporary parking regulations will override all existing regulations for the duration of this event (November 14, 2019 to December 22, 2019).

2.  City Council authorize the temporary closure to vehicular traffic of the eastbound curb lane on Mill Street, between Trinity Street and Cherry Street, from November 14, 2019 to December 22, 2019, inclusive, to facilitate pedestrian traffic at the Toronto Christmas Market event.

The purpose of this report is to seek City Council's authority to enact temporary traffic and parking amendments required to enhance traffic operations and pedestrian safety during the annual Toronto Christmas Market (TCM), which takes place from November 14, 2019 to December 22, 2019, inclusive.  As this staff report concerns roadways with regular TTC service, City Council approval is required.

A companion report, "Temporary Adjustments to Parking Regulations for 2019 Toronto Christmas Market (Delegated)" outlines the required delegated temporary parking amendments for locations without TTC Service.

The Toronto and East York Community Council recommends that:  

1. City Council designate a commercial loading zone to operate at all times except from 7:00 a.m. to 9:00 a.m. and from 4:00 p.m. to 6:00 p.m., Monday to Friday, on the west side of Bathurst Street, between a point 31 metres north of Wolseley Street and a point 14 metres further north.

As the Toronto Transit Commission (TTC) operates a transit service on Bathurst Street, City Council approval of this report is required.

Transportation Services is recommending that a commercial loading zone be designated on Bathurst Street, as it relates to the development at 216-218 Bathurst Street, a two-storey commercial building. The proposed commercial loading zone will address requirements of the Toronto Local Appeal Body Decision for 216-218 Bathurst Street & 5 Robinson Street (File # 17 274561 S45 19 TLAB) from June 17, 2019, particularly with regards to loading variances as well as facilitating curb-side commercial loading/unloading of goods and pick-up/drop-off activities associated with the proposed development.

Toronto and East York Community Council recommends that:

1. City Council rescind the existing car-share vehicle parking area for up to two Car2Go vehicles on the north side of Cosburn Avenue, between a point 114 metres west of Pape Avenue and a point 11 metres further west.

2. City Council rescind the existing car-share vehicle parking area for up to three Car2Go vehicles on the north side of Davenport Road, between a point 9 metres east of Winona Drive and a point 11 metres further east.

As the Toronto Transit Commission (TTC) operates transit service on the subject streets, City Council approval of this report is required.

Transportation Services is recommending removal of two previously-approved car-share vehicle parking areas (CVPAs) on Cosburn Avenue and Davenport Road.  This report addresses CVPAs on streets with TTC service in the Toronto and East York Community Council area.  CVPAs on streets without TTC service will be addressed in a separate report to Toronto and East York Community Council.

The Toronto and East York Community Council recommends that:

1. City Council approve the extension of the overnight on-street permit parking hours on High Park Avenue, between Annette Street and Dundas Street West from 12:01 a.m. to 7:00 a.m., 7 days a week to the new hours of 12:01 a.m. to 7:00 a.m., 7 days a week and 5:00 p.m. to 7:00 p.m., Monday to Friday.

Transportation Services is requesting approval from City Council to extend the permit parking hours on High Park Avenue, between Annette Street and Dundas Street West from 12:01 a.m. to 7:00 a.m., 7 days a week to the new hours of 12:01 a.m. to 7:00 a.m., 7 days a week and 5:00 p.m. to 7:00 p.m., Monday to Friday.

By extending the overnight on-street permit parking hours residents will have improved parking flexibility and the Parking Enforcement Unit, Toronto Police Service, can effectively control long term parking by non-residents through tagging and towing operations.

The Toronto and East York Community Council recommends that:  

1. City Council prohibit stopping at all times on the east side of Christie Street (east roadway), between a point 66.5 metres north of Bloor Street West and a point 9 metres further north.

2. City Council rescind the existing standing prohibition in effect at all times on the east side of Christie Street, (east roadway) between a point 66.5 metres north of Bloor Street West and a point 9 metres further north.

3. City Council amend the existing passenger loading zone in effect at all times on the east side of Christie Street, between a point 66.5 metres north of Bloor Street West and a point 28 metres further north, to be in effect at all times, between a point 75.5 metres north of Bloor Street West and a point 19 metres further north.

As the Toronto Transit Commission (TTC) operates a transit service on Christie Street, City Council approval of this report is required.

Transportation Services is recommending amendments to the existing parking regulations on Christie Street, between Bloor Street West and Barton Avenue.  These parking amendments are deemed necessary to facilitate the safe and efficient operation of traffic and TTC service within the vicinity of Christie Station.

The Toronto and East York Community Council recommends that:

1.  City Council authorize and request the Acting Director, Traffic Management, Transportation Services to install traffic control signals at the intersection of Bay Street and St. Mary Street as soon as possible to enhance protections for vulnerable road users, especially pedestrians and cyclists, as part of Vision Zero.

As the Toronto Transit Commission (TTC) operates a transit service on Bay Street, City Council approval of this report is required.

Transportation Services is requesting that Council not authorize the installation of traffic control signals at the intersection of Bay Street and St. Mary Street as the technical justification for the installation of traffic control signals is not satisfied.

The Toronto and East York Community Council recommends that:  

1. City Council authorize the installation of traffic control signals at the intersection of Spadina Road and Macpherson Avenue.

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

Transportation Services is requesting approval from City Council to install traffic control signals at the intersection of Spadina Road and Macpherson Avenue.  This installation is justified based on the technical requirements and will provide improved safety for pedestrians, cyclists and motorists at this intersection.

The Toronto and East York Community Council recommends that:

1. City Council authorize the installation of traffic control signals at the intersection of Cosburn Avenue and Glebemount Avenue.

2. City Council authorize the installation of a pedestrian crossover at the intersection of Cosburn Avenue and Glebemount Avenue.

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

Transportation Services is recommending that the installation of traffic control signals or a pedestrian crossover (PXO) at the intersection of Cosburn Avenue and Glebemount Avenue not be authorized as the technical justifications for the installation of traffic control signals or a pedestrian crossover signal are not satisfied.

The Toronto and East York Community Council recommends that:

1. City Council authorize the installation of traffic control signals at the intersection of Lansdowne Avenue and Brandon Avenue.

2. City Council authorize removal of the existing pedestrian crossover on Lansdowne Avenue immediately north of Brandon Avenue in conjunction with the installation of traffic control signals at Lansdowne Avenue and Brandon Avenue.

3. In advance of the issuance of the Notice of Approval Conditions for Site Plan approval, City Council require the owner to enter into a financially secured agreement for the installation of traffic control signals at the intersection of Lansdowne Avenue and Brandon Avenue to the satisfaction of the General Manager, Transportation Services.

To support this development and future development in the area, a need has been identified for traffic flow improvements at the intersection of Lansdowne Avenue and Brandon Avenue, including the installation of traffic control signals. Transportation staff have reviewed the Transportation Study by GHD, dated November, 2018, and support the installation of traffic control signals in conjunction with the full build-out of the Phase 6 Davenport Village development.

The purpose of this motion is to give City staff authority to start taking the necessary steps to have the traffic light installed at this intersection as soon as possible.

The Toronto and East York Community Council recommends that:

1. City Council authorize all-way compulsory stop control at the intersection of Oriole Parkway and College View Avenue.
 

2. Subject to approval of Recommendation 1 above, City Council authorize removal of the pedestrian crossover at Oriole Parkway and College View Avenue, in conjunction with the installation of all-way compulsory stop control at the intersection of Oriole Parkway and College View Avenue.

Three years ago, at the request of the community, an all-way stop sign pilot project was initiated at Oriole Parkway and Tranmer Avenue to address the numerous collisions and near-misses at the intersection. As part of my commitment to providing a thoughtful and evidence-based review of this pilot, I organized a community meeting in collaboration with the Oriole Park Association (OPA), and subsequently created the Oriole Traffic Safety Working Group.

Informed by the advice we received from staff and resident feedback, the Working Group also reviewed the efficiency of the current setup at the intersection of Oriole Parkway and College View Avenue. The pedestrian crosswalk at the intersection was identified by residents as ineffective at providing safe passageway to pedestrians. As we received a petition from over 400 local parents/residents, Transportation Services provided insights on potentially replicating the Tranmer all-way stop pilot at the intersection of Oriole Parkway and College View Avenue and the Working Group agreed to do a 1-year pilot project there too. This is especially important due to it being a daily corridor for many of our local kids who walk to Oriole Park Junior Public School.

If during the 12 month trial basis the all-way stop control is found to not be contributing to the safety of the area, a request will be brought to this committee to rescind the all way stop and/or consider other measures.

The Toronto and East York Community Council recommends that:

1. City Council approve the alterations to the heritage properties at 199 Bay Street, 25 King Street West and 56 Yonge Street, in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a new commercial office building on the lands known municipally in the year 2019 as 199 Bay Street, 25 King Street West and 56 Yonge Street (including the entrance addresses of 21 Melinda Street, 187 Bay Street and 18-30 Wellington Street West) with such alterations substantially in accordance with plans and drawings last revised on April 29, 2019, prepared by Adamson Associates Architects, and on file with the Senior Manager, Heritage Preservation Services; and the Heritage Impact Assessment, prepared by ERA Architects Inc. dated December 18, 2017 and revised March 13, 2019, and on file with the Senior Manager, Heritage Preservation Services, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services and subject to the following additional conditions:

a. 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 199 Bay Street, 25 King Street West and 56 Yonge Street in accordance with the plans and drawings last revised on April 29, 2019, prepared by Adamson Associates Architects, and on file with the Senior Manager, Heritage Preservation Services, the Heritage Impact Assessment prepared by ERA Architects Inc. dated December 18, 2017 and revised March 13, 2019, and in accordance with the Conservation Plan required in Recommendation 1.a.2. below, to the satisfaction of the Senior Manager, Heritage Preservation Services;

2. provide a detailed Conservation Plan, prepared by a qualified heritage consultant, that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 199 Bay Street, 25 King Street West and 56 Yonge Street prepared by ERA Architects Inc. dated December 18, 2017 and revised March 13, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services; and

3. enter into on the property at 199 Bay Street, 25 King Street West and 56 Yonge Street one or more agreements with the City pursuant to Section 37 of the Planning Act to the satisfaction of the City Solicitor, the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Preservation Services with such facilities, services and matters to be set forth in the related site specific Zoning By-law Amendment giving rise to the proposed alterations;

b. prior to final Site Plan approval for the proposed Zoning By-law Amendment by City Council, for the property located at 199 Bay Street, 25 King Street West and 56 Yonge Street:

1. provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 1.a.2. above;

2. have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have come into full force and effect;

3. provide a detailed landscape plan for the subject property, satisfactory to the Senior Manager, Heritage Preservation Services;

4.  provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager Heritage Preservation Services; and

5. submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

6. provide an Interpretation Plan for the subject properties to the satisfaction of the Senior Manager, Heritage Preservation Services and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services;

c. prior to the issuance of any permit for all or any part of the property at 199 Bay Street, 25 King Street West and 56 Yonge Street, 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 Preservation Services, the owner shall:

1. have obtained final approval for the necessary Zoning By-law Amendment required for the subject property, such Amendment to have

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.a.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 Preservation Services;

3. 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 Preservation Services to secure all work included in the approved Conservation Plan Lighting and Interpretation Plan; and

4. provide full documentation of the Commerce Court South and Commerce Court East buildings, 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 CD 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 Preservation Services; and

5.  register the heritage easement agreement referenced in Recommendation 1.a.l. above on title to the property, to the satisfaction of the City Solicitor.

d. prior to the release of the Letter of Credit required in Recommendation 1.c.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 and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Preservation Services; and

2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Preservation Services;

2. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 199 Bay Street, 25 King Street West and 56 Yonge Street 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 Council authorizing the entering into a Heritage Easement Agreement for the property at 199 Bay Street, 25 King Street West, and 56 Yonge Street.

City Council, at its meeting on July 16, 17 and 18, 2019, adopted Item TE7.17 as amended, and in so doing, has referred Toronto and East York Community Council Recommendations 5, 6 and 7 back to the Toronto and East York Community Council for further consideration.

The Toronto and East York Community Council recommends that:

1. City Council exempt the applicant at 925 Pape Avenue from the former municipality of East York By-law 6752, as amended, the parking requirement of 1 office parking space, subject to a $2,500.00 payment-in-lieu of parking, providing the applicant signs a Payment-In-Lieu of Parking Agreement with the City, to the satisfaction of the City Solicitor.

Transportation Services seeks City Council's approval to exempt the applicant from the parking requirement specified in By-law 6752 to provide 1 additional parking space. As a result, the applicant has requested a Payment-In-Lieu of Parking to the City for 1 parking space, which amounts to $2,500.00.

The parking exemption is considered appropriate since the parking space shortfall will not have a significant impact on parking conditions in the area.

Section 40 of the Planning Act grants City Council the authority to approve payment-in­ lieu of
parking. This application has been made pursuant to the City's Payment-In-Lieu of Parking Policy, adopted in July 2004. City Council approval is required as this matter has not been delegated.

The Toronto and East York Community Council recommends:

1.  City Council prohibit the following right-turn movements on a red traffic signal as part of the proposed cycling safety intersection improvements depicted in Attachment 1 entitled "Dundas Street East and Jones Avenue Intersection Improvement Plan" attached to the Letter (September 13, 2019) from Councillor Paula Fletcher, Ward 14, Toronto-Danforth:

a.  Northbound right-turn movement at the intersection of Dundas Street East and Jones Avenue;

b.  Eastbound right-turn movement at the intersection of Dundas Street East and Jones Avenue; and

c.  Westbound right-turn movement at the intersection of Dundas Street East and Jones Avenue.

2.  City Council authorize the amendments to traffic regulations in Recommendation 1 above, as described in Attachment 2 entitled "Amendments to Traffic Regulations" attached to the Letter (September 13, 2019) from Councillor Paula Fletcher, Ward 14, Toronto-Danforth.

Many of you recall the collision that tragically killed cyclist Doug Crosbie at Dundas and Jones on May 16th, 2018.

In my motion at City Council to allocate some of the additional VisionZero dollars to protected intersection pilots across the city I had intended that Dundas and Jones be one of the pilot protected intersections. However staff have indicated that it is not wide enough to accommodate a fully protected 'Dutch' intersection.

However, this summer I met with Transportation Services and friends of Doug Crosbie to look at creative ways that cyclists could be protected at this intersection. Transportation Services has reviewed this location and have advised my office of some proposed changes to increase bicycle separation from motor vehicle traffic and minimize bicycle and motor vehicular interaction.

Following the completion of feasibility assessments, design, and consultation with TTC, it is proposed that a series of safety improvements be made at this intersection:

• Installation of flexible bollards or planters between the cycle lane and traffic
• Vehicular stop-bar setbacks
• Lane narrowing
• Prohibition of right-turn on a red signal in all directions at the intersection of Dundas
• Street East and Jones Avenue
• Minor adjustments to TTC bus stop locations

The proposed changes will have no impact on TTC bus operation.

Most of these changes can be made without additional authority from Toronto and East York Community Council or City Council, with the exception of additional right-turn on red prohibitions. I want to thank staff for their hard work on this issue. I hope you will support these changes.

The Toronto and East York Community Council recommends that:

1. City Council reduce the speed limit from 50 km/h to 40 km/h on Kingston Road, between Victoria Park Avenue and Queen Street East.

Upon review with Transportation Services staff, it has come to my attention that the speed limit along Kingston Rd is not consistent. Between Queen Street East and Victoria Park Avenue the speed limit is 50km/h, 40km/h between Victoria Park Avenue and Birchmount Rd, 50 km/h between Birchmount Rd and Midland Avenue, and 60km/h between Midland Avenue and Highway 2A.

The portion between Victoria Park Avenue and Queen Street East runs almost the entire stretch of my ward and Transportation Services staff expressed surprise that the speed limit here is still 50km/h. In an effort to align the speed limit along Kingston Rd and make my community safer, I am requesting that community council move to reduce the speed limit to 40km/h, as it is east of Victoria Park.

The Toronto and East York Community Council recommends that:

1. City Council authorize and direct the City Clerk to conduct a permit parking poll of the residents on the streets listed in Attachment 1 to the Letter (September 9, 2019) from Councillor Brad Bradford, Ward 19 Beaches-East York, in accordance with City of Toronto Municipal Code Chapter 190, Polling and Notification, in relation to maintaining or removing permit parking on their street.

I hosted a public meeting in the spring to discuss the permit parking program in TEYCC, with City staff from Permit Parking in attendance. Based on feedback from that meeting as well as numerous emails and phone calls to my office, it is clear that residents on the streets included in Attachment 1 would like a chance to weigh in on the inclusion of their streets in the permit parking program.

In 2017, my predecessor moved a motion to ‘exempt the implementation of permit parking on the streets … from the requirements of subsection 925-4B of City of Toronto Municipal Code Chapter 925, Permit Parking’ and installed permit parking on the streets listed in Attachment 1, without the requirement for a poll indicating community support.

While I do understand the intention of the motion and generally support the permit parking program, I think that it is prudent to provide residents an opportunity to be heard, as per the existing by-law for permit parking implementation.

The Toronto and East York Community Council recommends that:

1.  City Council reduce the speed limit from 50 km/h to 30 km/h on Fort York Boulevard, between Spadina Avenue and Bathurst Street.

Promoting safety and accessibility for all road users through planning and investing in our infrastructure is crucial. We need a city wide focus on building safer streets through the accelerated implementation of the Vision Zero road safety plan. In 2018, Toronto was witness to close to two hundred pedestrians killed or seriously injured due traffic related collisions. Fatalities and serious injuries on our roads are preventable.

I have been working with the CityPlace community to identify road safety concerns and implement local improvements. These changes have included the installation of traffic signals at Dan Leckie Way and Fort York Boulevard, and on the west side of Spadina Avenue at Lake Shore Boulevard West. I have also secured approval for complete signalized pedestrian crossings at Spadina Avenue and Bremner Boulevard, and Spadina Avenue and Front Street, as well as a new all-way stops and pedestrian crosswalks at Fort York Boulevard and Queens Wharf Road, and at Dan Leckie Way and Housey Street.

In 2015, Toronto and East York Community Council directed that all roads within the district classified as local streets be reduced to a 30 km/hr speed limit.  At that time, Fort York Boulevard did not qualify for speed limit reduction and as a result the default 50 km/hr speed limit remained.

Today, Fort York Boulevard has a daily vehicular volume of approximately 8000 vehicles/day, has seen a growth in pedestrian traffic and will soon be home to two new schools, a community centre and childcare facility, all expected to open in 2020. Census statistics indicate that about three-quarters of CityPlace residents rely on non-vehicular modes of transportation, including walking, to commute every day. I am recommending that the speed limit on Fort York Boulevard be reduced to 30 km/h because studies have shown that slowing down traffic and reducing speed limits can reduce collisions and reduce pedestrian injury and fatalities. 

The General Manager, Transportation Services recommends that:

1. City Council receive this report for information.

In November 2017, City Council approved the transfer of the School Crossing Guard Program from Toronto Police Service (TPS) to Transportation Services, with long-term services to be provided through a third-party service provider starting August 1, 2019.

The transition of the program to Transportation Services represents an opportunity for more oversight of the School Crossing Guard Program, its reliability and its positioning within Vision Zero activities focused on the safety of children.

Following the award of the School Crossing Guard program to Carraway Inc. and ASP Inc., Council requested that Transportation Services report back on the transition of the program, including the number of existing TPS school crossing guards who were hired and remained at their previous locations.

City staff have been working closely with the two contracted vendors, Carraway Inc. and ASP Inc. to provide the existing school crossing guards the first opportunity to be hired.

The purpose of this report is to provide an update on the program rollout at the start of school, outlining the vendors' process for hiring existing school crossing guards and the number of school guards that were retained, as well as the vendors' process for ensuring 100% coverage at all locations.

The City Solicitor recommends that:

1.  City Council direct the City Solicitor to report on the response to the August 6, 2019 letter from the City Solicitor to the Registrar of Alcohol, Gaming and Racing directly to the October 29 and 30, 2019 meeting of City Council.

At its meeting on July 16, 17 and 18, 2019, City Council directed the City Solicitor to write the Registrar of Alcohol, Gaming and Racing (the "Registrar") to determine if the conditions attached to the liquor licence for Maya Corp. at Rebel Night Club and Cabana Pool Bar at 11 Polson Street (together the "Premises"), are being enforced by the Alcohol and Gaming Commission of Ontario (AGCO), and to determine if any disciplinary action has been brought forward to Maya Corp. for violations of section 46 of Regulation 719, or for a breach of the conditions attached to the liquor licence.

The City Solicitor recommends that:

1. City Council receive this report for information.

2. City Council direct that Confidential Attachment 1 to the report of the City Solicitor remains confidential in its entirety, as it relates to litigation involving the City and contains advice which is subject to solicitor-client privilege.

This report provides a status up-date to Council on the legal challenges to Bill 5, the Better Local Government Act, 2018 and the recent Ontario Court of Appeal decision dated September 19, 2019.

The City Solicitor recommends that:

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

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

3.  City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege and that Confidential Attachments 2, 3 and 4 remain confidential at the discretion of the City Solicitor.

2478838 Ontario Inc. (the "Applicant") is the owner of the property municipally known as 1391 Weston Road (the "Subject Property").  On May 11, 2018, the Applicant applied for a zoning by-law amendment to City of York Zoning By-law 1-83 in order to facilitate a redevelopment of the Subject Property (the "Application").  In addition to the Application, the Applicant also submitted a Site Plan Application (the "Site Plan Application").  The Application proposed a gas station and associated commercial building kiosk to be developed on the Subject Property.  The proposed service station would contain four gas pumps, on a 486 square metre paved surface area, with 362 square metre landscaped area proposed on the northern site boundary.  The proposed commercial building would have a floor area of 62 square metres and would be located at the southern site boundary at the Weston Road / Jane Street intersection.  The kiosk would have glazing on its northern frontage, no glazing on the Weston Road and Jane Street frontages and a door on its southern frontage.  The Application would require the demolition of the one-storey commercial building occupied by three restaurant operations.

At its meeting of July 23, 2018, City Council refused the Application and the Applicant appealed the refusal to the Local Planning Appeal Tribunal (the "LPAT").  The refusal was appealed under the Bill 139 regime and related LPAT rules (the "Appeal").  The Applicant also filed an appeal of its Site Plan Application to the LPAT (the "Site Plan Appeal").

The City and the Applicant filed appeal records, case synopses and related affidavits and attended at a mandatory Case Management Conference ("CMC") on March 6, 2019.  At the CMC the parties advised that they were not in a positon to set a hearing on the merits and requested a further CMC to facilitate continued discussions between the parties on a without prejudice basis.  The LPAT set a further CMC for October 24, 2019 and set aside the Site Plan Appeal to advance the Appeal of the Application.

The City Solicitor is bringing this report for the purpose of requesting instructions for the upcoming CMC.  City Planning has been involved in the preparation of this report.

The City Solicitor recommends that:

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

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

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

Latch Developments Ltd. (the "Applicant") is the owner of the property municipally known as 859 The Queensway (the "Subject Property").  The Applicant applied for a zoning by-law amendment in order to facilitate a proposed mixed-use redevelopment of the Subject Property (the "Original Application").  The Application proposes a 14-storey mixed use building.

On January 24, 2018, the Applicant appealed the zoning by-law amendment application to the Ontario Municipal Board (the "OMB") now known as the Local Planning Appeal Tribunal (the "LPAT") due to City Council's failure to make a decision.  The first Prehearing Conference for this matter was held on October 4, 2018.  A four day Hearing is scheduled to be heard by the LPAT on November 5 to 8, 2019.

On November 30, 2018, the Applicant submitted a related Site Plan Approval application with revised plans for a 14-storey mixed-use building that modified certain elements of the original proposal.

On August 19, 2019, the Applicant, through their legal counsel Goodmans LLP, provided the City a with prejudice settlement offer regarding the LPAT appeal (the "Settlement Offer").  The Settlement Offer still proposes a 14-storey building, however, incorporates certain changes to the design of the development (the "Revised Plans").  The Settlement Offer is included as Public Attachment 1 to this report.  The Revised Plans, which include a shadow study and statistics sheet, are included as Public Attachment 2 to this report.  Further details of the Settlement Offer and the Revised Plans are provided in the "Comments" section below.

The purpose of this report is to request instructions for the upcoming LPAT Prehearing Hearing.

City Planning has been involved in the preparation of this report.

The City Solicitor recommends that:  

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the Report dated September 23, 2019 from the City Solicitor.

2.  If adopted, City Council authorize the public release of Confidential Recommendation Number 1 in the Confidential Attachment 1 to the Report from the City Solicitor and direct that all other information in Confidential Attachment 1 remain confidential as it contains advice which is subject to solicitor-client privilege.

On July 15, 2019, the Local Planning Appeal Tribunal (the “LPAT”) issued a decision approving, in part, the Zoning By-law Amendment Application made pursuant to section 34(11) of the Planning Act for the property at 451-457 Richmond Street West.  The Local Planning Appeal Tribunal Act allows the parties to a hearing to seek a review of a decision of the LPAT.  The Local Planning Appeal Tribunal Act also allows the parties to a hearing to seek leave to appeal a decision of the LPAT to the Divisional Court. The City Solicitor requires further directions.

The City Solicitor recommends that: 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the Report (September 25, 2019) from the City Solicitor.

2.  If adopted, City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the Report (September 25, 2019) from the City Solicitor.

3.  If adopted, City Council direct that the balance of Confidential Attachment 1 to the Report (September 25, 2019) from the City Solicitor remain confidential in its entirety, as it relates to litigation against the City and contains advice which is subject to solicitor-client privilege.

Further direction from City Council is required on this matter as it relates to the Part IV Designation of the Property municipally known as 206 Russell Hill Road.

The City Solicitor recommends that:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix A, if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential as it contains advice which is subject to solicitor-client privilege.

At its meeting of January 31, 2018, Council approved a settlement in this matter.

http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2018.CC36.8

The purpose of this report is to seek further instructions from Council with respect to this file.

City Planning was involved in the preparation of this report.

The City Solicitor recommends that:

1.  City Council adopt the confidential recommendations contained in Confidential Attachment 1.

2.  City Council authorize the public release of the instructions in Confidential Attachment 1 and Confidential Appendices "A" through "F" if adopted by City Council, with the balance of the Confidential Attachment 1 to remain confidential as it contains advice which is subject to solicitor-client privilege.

The purpose of this report is to seek further instruction in relation to a development application for a site that contains heritage resources and potential heritage resources, and a related ongoing appeal at the Local Planning Appeal Tribunal ("LPAT"). 

There was a proposal to amend the Zoning By-law to permit the construction of a 64-storey mixed-use building on the development site.  Further direction is required in the context of a scheduled LPAT hearing scheduled to commence on January 13, 2020.

The City Solicitor recommends that:

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

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

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

The Owner of the property at 3005 Bloor Street West and 14 Humbervale Boulevard made applications to amend the Official Plan and Zoning By-law to permit an 8-storey mixed use building and a 2-storey single-detached residential dwelling.

The applications were appealed to the Local Planning Appeal Tribunal (LPAT) citing Council's failure to make a decision within the time allotted by the Planning Act.

The City Solicitor requires further direction from City Council in advance of an upcoming pre-hearing conference that is scheduled for October 18, 2019.

City Planning has been involved in the preparation of this report.

The City Solicitor recommends that:

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

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

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

On December 28, 2016, the City received an application to amend the Official Plan and Zoning By-law for 35, 41-63, 65 and 95 High Park Avenue and 66 and 102-116 Pacific Avenue to facilitate an infill development for these properties consisting of the retention of four existing rental buildings, except for five dwelling units, the demolition of two blocks of existing townhouses containing 20 units, and the construction of four new rental buildings with 1,031 dwelling units at proposed building heights of 39, 34, 29 and 8 storeys.  An application for Rental Housing Demolition was also submitted, and remains under review by City staff.

The applicant appealed City Council's neglect or failure to make a decision on its application for Zoning By-law Amendment (the "Appeal") to the Local Planning Appeal Tribunal (the "LPAT") on August 29, 2017.

In a report to City Council dated June 29, 2018, City Planning recommended opposition to the Appeal at the LPAT (the "Request for Directions").  City Planning concluded in the Request for Directions that the proposal was inconsistent with the Provincial Policy Statement, 2014, conflicted with the Growth Plan for the Greater Golden Horseshoe (2017), did not conform to the Official Plan or Site and Area Specific Policy 551, for a number of reasons including that the proposed development did not have regard for its context and did not respect and reinforce the existing physical character of buildings, streetscapes ad open space patterns of the neighbourhood.  In staff's opinion, the proposal represented overdevelopment of the site, did not represent good planning and was not in the public interest.

City Council adopted the recommendations in the Request for Directions to oppose the Appeal.

On September 19, 2019, the applicant submitted a revised development proposal for 35, 41-63, 65 and 95 High Park Avenue and 66 and 102-116 Pacific Avenue (the "Revised Proposal").  The Revised Proposal consists of changes to the site plan and built form, unit count and mix, reduction in the proposed retail component, revisions to the landscape plans, inclusion of on-site parkland dedication, and reduction in the number of below-grade levels in the underground parking structure.  The Revised Proposal will form the basis of the applicant's appeal to the LPAT, and will be the proposal for which the applicant seeks Zoning By-law amendment approval.

The purpose of this report is to request further instructions for the LPAT hearing that is scheduled to commence January 27, 2020.

City Planning has been involved in the preparation of this report.

Councillor Jaye Robinson, seconded by Councillor Brad Bradford, recommends that:

1.  City Council direct the General Manager, Solid Waste Management Services to report back to the Infrastructure and Environment Committee in the third quarter of 2020 on the feasibility of implementing a requirement for all dining establishments to provide reusable food serviceware for eat-in customers to reduce the use of single-use plastics in Toronto's restaurant industry.

Toronto's Long Term Waste Management Strategy is an ambitious plan that includes strategies to promote resource conservation, reduce environmental impacts, and maximize the value of items before disposal. The Long Term Waste Management Strategy commits the City to a 70 percent long-term waste diversion target and supports our move towards a circular economy and zero-waste future. To advance these goals further, it is necessary to reduce the use of single-use items, such as disposable dishes, take-out containers, and plastic cutlery, in Toronto restaurants. 

According to a recent report from the Province's Special Advisor on Recycling and Plastic Waste, up to 30 percent of items collected in blue boxes are sent to landfill. The production, consumption, and disposal of single-use plastics are particularly problematic as these items do not decompose easily.

As these items break down over time, the tiny particles or microplastics that are produced pollute our air, food, drinking water, and natural environments. In 2016, researchers estimated that 10,000 metric tons of plastic and microplastic debris enter the Great Lakes every year.

In April 2019, City Council voted to develop a plan to reduce or eliminate single-use plastic products in all City of Toronto facilities, events, and campaigns. In 2018, my motion directing City staff to develop a process to limit or eliminate single-use products, such as black plastics, that are not accepted in the City's Blue Bin Recycling Program, was adopted. Throughout 2018, City staff sought feedback from Torontonians on how they think the City should reduce single-use and takeaway items. Over 20,000 residents participated in this initiative.

Many quick-service restaurants in Toronto have reduced their environmental impact by providing reusable food serviceware for eat-in customers. With encouraging developments at the federal and provincial levels, this is an opportunity to take further action to address plastic pollution in our City.

Councillor Shelley Carroll, seconded by Councillor Frances Nunziata, recommends that:

1.  City Council increase the 2019 Operating Budget for Social Development, Finance and Administration to implement year one of the TO Wards Peace program. Funding of $1.292M gross and net to be provided by a one-time draw from the City's Tax Stabilization Reserve.

 
2.  City Council direct the Executive Director of Social Development, Finance and Administration to include year two funding for TO Wards Peace as part of the 2020 Budget submission.

Under Council’s Direction (Item 2018.CC44.14) an application for a program that would provide targeted support for youth, entitled TO Wards Peace, was submitted for federal National Crime Prevention funding in July 2018. The total request to NCP under this application was for $6,550,000 over 5 years. The application was not approved.

City Council has an opportunity to fund the TO Wards Peace program, consisting of a youth violence prevention framework, methodology, training curriculum, and City coordination and evaluation support for an integrated service model. This wrap around gang intervention/interruption model would combine community based violence interrupters, nurses and family support workers into integrated staff teams working in targeted neighbourhoods. 

This application contains preventative measures including:

• Investment in community partners through grants to hire lived-experience violence interrupters and community mentors to deliver the model
• Investment in community partners through grants to hire nurses and family support workers to deliver the model
• Creating the referral process for the Toronto Police Integrated Gang Prevention Taskforce to the integrated staff teams
• Linking existing intervention models including pre-charge diversion,  FOCUS Toronto and through-care models
• Development of a Violence Prevention marketing and communication strategy

Mayor John Tory, seconded by Councillor Mike Layton, recommends that:

1.  City Council declare a climate emergency for the purpose of naming, framing, and deepening our commitment to protecting our economy, our ecosystems and our community from climate change.

2.  City Council endorse a net zero greenhouse gas emissions target that is in line with keeping global average temperature rise below 1.5 degrees Celsius, immediately strengthening Toronto's goal of becoming net zero before 2050, and City Council request the Director, Environment and Energy to report back by the fourth quarter of 2020 on the feasibility of actions that could achieve net zero by 2040.

3.  City Council commit to:

a.  looking for opportunities to invest in and accelerate high priority emission reduction areas in TransformTO, such as building retrofits and transportation, as part of the 2020 Budget;

b.  exploring all viable and equitable financing mechanisms to adequately finance and encourage climate actions and adaptation in the 2021 Budget cycle;

c.  accelerating the implementation of TransformTO climate actions at every opportunity; and

d.  engaging job-seekers, workers, unions, relevant sectors, and social service agencies in the creation of a low-carbon jobs strategy that supports a decent work agenda, career pathways for equity-seeking groups, and the expansion of green industry sectors across Toronto.
 

4.  City Council direct the Chief Financial Officer and Treasurer to report to City Council on possible amendments to the Statement of Investments and Procedures to become a green investment city by reflecting current responsible investment best practices, excluding fossil fuels from the portfolio, and actively investing in clean energy and climate solutions.

 
5.  City Council direct the Director, Environment and Energy to report annually in the second quarter on the implementation status of climate actions and progress made towards meeting interim and 2030 emission reduction targets.

 
6.  City Council direct the Director, Environment and Energy to include in the 2021-2023 TransformTO implementation plan:

a.  actions to achieve a net zero greenhouse gas emissions in line with keeping global average temperature rise below 1.5 degrees Celsius;

b.  strategies that would accelerate timelines for existing TransformTO actions;

c.  the feasibility of establishing interim 2023 and 2027 targets and actions that put Toronto on track to meet its 2030 target, including quick-wins in the transportation and building sectors;

d.  a strategy for securing dedicated and sustained climate funding to adequately finance climate actions necessary to meet 2030 emission reduction targets;

e.  a climate lens that evaluates and considers the climate impacts of all major City of Toronto decisions, including financial decisions;

f.  a plan to measure, monitor and reduce consumption-based (lifecycle) emissions;

g.  engaging residents and stakeholders in decision-making and provide greater public accountability;

h.  a commitment to meaningfully consult and cooperate with Indigenous communities on the development and implementation of TransformTO in accordance with the City’s commitment to the United Nations Declaration on the Rights of Indigenous Peoples;

i.  a plan to apply the City’s Equity Lens to TransformTO decision-making in order to ensure that strategies include and benefit equity-seeking groups;

j.  a plan to collaborate with youth, including youth from equity-seeking groups, to increase youth participation in the development and implementation of TransformTO strategies; and

k.  the feasibility of creating a Toronto Carbon Budget to aid in the implementation of TransformTO.

The serious impacts of climate change on people’s health, our economy and our infrastructure in Toronto are clear. The City of Toronto and its residents and businesses will spend billions of dollars rebuilding the homes, businesses and municipal infrastructure damaged by ever-stronger floods, storms, heat waves and flash freezes. We will spend even more proactively to make our City more resilient in the face of those impacts.

Canada’s per capita emissions are among the highest in the world. Climate scientists widely agree on the need to rapidly reduce global carbon emissions over the next ten years.

City Council has adopted an ambitious climate change action plan - TransformTO. As the City continues to embark on major initiatives and investments to realize the goals laid out in TransformTO, it is important to keep in mind that accelerating our transition to a low-carbon society is an investment for future generations and offers opportunities of health, equity, employment and prosperity for residents and workers in our City.

Hundreds of governments around the world and major cities across Canada have recognized the urgency of the climate threat by declaring a climate emergency. It is time for Toronto to do the same and to take bolder action to meet our goals of reducing emissions and building a City that is greener, healthier and resilient.

Councillor Paula Fletcher, seconded by Councillor Brad Bradford, recommends that:

1. City Council request the Executive Director, Corporate Real Estate Management to grandparent all long-standing events of the legacy municipalities under the previous facility booking policies.

2. City Council request the Executive Director, Corporate Real Estate Management to work with organizations to maintain strong relationships and ensure that all legacy events are able to be held as they have been in previous years and with support from relevant City Divisions.

Prior to amalgamation, each of the former municipalities hosted long-standing events in partnership with local volunteer-led organizations. The relationship between the former municipalities and these volunteer-led organizations as well as the events they hold are locally important and vital in maintaining community pride. These volunteer-led organizations also make important and long-lasting contributions to City of Toronto initiatives and community goals including social development, economic vitality, and maintaining heritage.

After amalgamation, many of these community events continue to take place in their respective boroughs. In East York, events like the East York Rotary Auction and the Agnes Macphail Award have been held since 1980 and 1994 respectively. Other historic East York events include the East York Christmas Dinner and East York Canada Day. All of these events were sponsored annually by the former municipality of East York. We have to do a better job of working with volunteer-led organizations and it is imperative that the City of Toronto continue to support these events to ensure that they can continue to be held annually under the same conditions as they have been for their long-standing history.

In the fall of 2018, while the municipal election was taking place, Corporate Real Estate Management and Customer Support Services chose to make changes to their facility booking policy through an internal review. This was not communicated to City Council. These changes have affected the ability of some of these organizations to hold their long-standing legacy events at City of Toronto facilities in the legacy Municipalities.

Councillor Stephen Holyday, seconded by Councillor Mark Grimes, recommends that:

1.  City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the liquor licence application for 1500 Royal York Road, Units 20-21, operating under the name Phaze 2 Restaurant and Lounge (“Premises”), is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue either a Proposal to Review or a Proposal to Refuse the liquor licence application.

2.  City Council request the Licence Appeal Tribunal to provide the City with an opportunity to be made a party in any proceedings with respect to the Premises.

3.  City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and direct the City Solicitor to take all necessary action so as to give effect to this Motion, including determining whether the application ought to be refused outright or whether the application can be supported with conditions to the liquor licence, all in consultation with the Ward Councillor.

The Applicant has submitted an application for a liquor licence to the Alcohol and Gaming Commission of Ontario for the premises at 1500 Royal York Road, Units 20-21, operating under the name Phaze 2 Restaurant and Lounge (“Premises”). The application is for a restaurant with a proposed indoor capacity of 238 persons.

The Premises are located in close proximity to residential properties. There are concerns with respect to possible uses for the Premises other than a restaurant, noise, litter, safety, lighting and other potential disturbances to residents in the area.

This application for a liquor licence is not in the public interest unless the concerns of the residents are addressed. The Registrar of the Alcohol and Gaming Commission of Ontario should be requested to issue a Proposal to Review or a Proposal to Refuse the liquor licence application. 

The City needs to file its objection to the liquor licence application as soon as possible because there is a deadline and also to be able to participate in any hearing in this matter. It is urgent that Council consider this matter at this Council meeting.

Councillor Jaye Robinson, seconded by Councillor John Filion, recommends that:

1. City Council direct the Executive Director, Municipal Licensing and Standards and the Chief Building Official and Executive Director, Toronto Building to report to the Planning and Housing Committee with a strategy to improve the regulation of property standards for dormant development sites, with consideration of the following:

a. requirements for restoration of the site following full or partial excavation, including timelines for completion and penalties for non-compliance;

b. strong, enforceable regulations related to property standards and maintenance;

c. regulations related to ensuring the ongoing safety and security of the site;

d. requirements to restore the property to the pre-construction state, including removal of unfinished structures, unsightly construction hoarding, and debris;

e. measures to compel builders to meet construction timelines and schedules, including but not limited to fines and revoking permits; and

f. mechanisms to proactively monitor and investigate dormant construction sites.

From 2017 to 2018, Toronto was the second-fastest growing city in all of the U.S. and Canada. According to Rider Levett Bucknall’s Crane Index, there were 120 active cranes in the City as of July 2019. In fact, Toronto has double the number of cranes that are active in Seattle and Los Angeles, and nearly four times as many as New York City, San Francisco, Washington, and Chicago.

After building permits are issued, construction schedules for developments often lag far behind the initial timelines stipulated by builders. In some cases, work begins and is not completed for years at a time. Sites then fall into a state of disrepair, collecting debris, vermin, and garbage. These properties are not just unsightly, they can also pose legitimate safety concerns.

The Municipal Licensing and Standards Division is currently undertaking a comprehensive review of by-laws related to property standards and building maintenance. Due to the growing number of unfinished developments, the regulation of property standards for dormant development sites should be prioritized as a key component of this overall review.

 Councillor Mike Layton, seconded by Councillor Kristyn Wong-Tam, recommends that:

1.  City Council request the Toronto Transit Commission Board to explore options for discounted post-secondary student single-fare and monthly passes that take into account Provincial changes to university and college fee systems, and report back in the 2020 Budget process on revisions to the system.

Recent legislative changes by the Provincial government have made it so that the current and recently proposed discounted monthly pass for post-secondary students (U-Pass) cannot exist under the new ancillary fee framework (commonly referred to as the “Student Choice Initiative”), since the Toronto Transit Commission  priced it as a mandatory-cost program (organized via student unions at each respective institution). This leaves thousands of university and college students without an affordable transit option and requires new solutions for discounted student fares.

The cost of Toronto Transit Commission fares on a student’s monthly budget can be prohibitively expensive. Given the recent cuts to OSAP this can consume a significant portion of a student’s budget, with university tuition alone hovering around $7000-8000 for domestic students and $38,000 for international students. (This does not include deregulated programs, like Computer Science or Engineering, which can exceed $14,000, or Law School which can exceed $25,000-30,000 depending on the school).

Furthermore, it makes sense to review how best to make transit affordable for more students, since the U-Pass did not benefit all students in Toronto. The U-Pass fare program required a successful referendum in favour of the payment of additional mandatory fees, administered by an institution’s student union. Students within unions who did not vote in favour would not have been eligible for the U-Pass.

Unlike seniors and youth ages 13 to 19, students over the age of 19 are not eligible for discounted single Toronto Transit Commission fares. While university and college students who are enrolled full-time could receive a discount through the existing Post-Secondary Metropass, it is too expensive for many students. According to the U-Pass Policy Framework by the Toronto Transit Commission, the Post-Secondary Metropass price is equivalent to 39 trips per month at the adult fare. Students at Toronto education institutions most likely to use the Toronto Transit Commission have an average trip rate of 30 trips per month, and thus would not benefit from the discount (unless they are using it for other reasons, such as work, entertainment, or other life needs).

Councillor Jennifer McKelvie, seconded by Councillor Jaye Robinson, recommends that:

1. City Council direct the General Manager, Transportation Services to investigate methods to improve timing and coordination of construction to prioritize safety in school zones and report back to the Infrastructure and Environment Committee in the first quarter of 2020.

 
2. City Council direct the General Manager, Transportation Services to report to the Infrastructure and Environment Committee in advance of City Council's consideration of the 2020 Budget to present options to accelerate the roll-out of Vision Zero in school safety zones; this would include:

a. investigating opportunities for allowing in-year acceleration when other projects are delayed; and

b. presenting costed options for accelerating roll-out.

Our Vision Zero Road Safety Plan sadly noted that between 2005 and 2016, three school children were killed and 70 were seriously injured in collisions with motor vehicles. As of the 2017 initiation of Vision Zero measures in our City, the number of injured and deceased youth continues to rise. This is completely unacceptable. Our primary duty as leaders is to keep our people safe and secure, particularly those who are the least well equipped to take care of themselves.

City Council has a firm commitment under Vision Zero to reduce all traffic-related fatalities to zero. A July 10, 2019 staff update outlined the planned completion of 88 school zones City-wide this year, this equates to just under four school zones per Ward. We have over 750 schools in our City. At this pace, it will take many years for all schools to be covered; years that will see more injuries, and more fatalities.

Another concern in school safety zone work is construction. Road reconstruction, sidewalk repaving, and water and electrical upgrades create safety hazards. There are opportunities to improve project timing and departmental/contractor coordination so that these projects are prioritized to the extent possible in July and August.

This Motion requests City staff to investigate the potential for improving procurement and project management of construction projects to improve safety and school zones. It also requests City staff to report on options for accelerating the roll-out of school safety zones.

Councillor Brad Bradford, seconded by Councillor Mike Colle, recommends that:

1. City Council urge the Ontario Minister of Transportation to expedite enabling Regulations for school bus stop arm cameras under Ontario's Highway Traffic Act (R.S.O. 1990, c. H.8).

We should be using every available tool to achieve Toronto's Vision Zero target, and stop arm cameras are one valuable measure among many others.

In April 2019, the Ontario Government enacted legislation allowing stop arm cameras to be installed on school buses across the Province. However, enabling Regulations for this legislation have not been introduced. Without a full suite of Regulations, stop arm cameras will be limited in achieving their full potential to increase road safety and reduce potential harm to the most vulnerable road users. 

Stop arm cameras can be, and have been, installed on school buses in Ontario. In early September, the first successful prosecution using this technology was made in the Niagara Region. The Ministry of Transportation is still working on developing Regulations for evidence from stop-arm cameras to stand alone in court, without the need for a witness to appear. Other key regulatory details are required to achieve the full potential of this road safety technology.

Without a full set of Regulations we are missing out on one more valuable opportunity to prevent road deaths and injuries in the fight for road safety. The use of stop arm cameras has been welcomed and encouraged by school bus operators across the Province, including the Independent School Bus Operator Association of Ontario.

Councillor Kristyn Wong-Tam, seconded by Councillor Mike Layton, recommends that:

1. City Council authorize the General Manager, Parks, Forestry and Recreation, to enter into a Construction and Donation Agreement with the Downtown Yonge Business Improvement Area for capital project work related to the rehabilitation of the Clock Tower in Trinity Square Park, in compliance with the City's Fair Wage and Labour Trades Contractual Obligations in the Construction Industry, and on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor.

 
2. City Council authorize the General Manager, Parks, Forestry and Recreation, to accept an in-kind donation of the rehabilitated Clock Tower, valued at approximately $100,000 in compliance with the City's Policy on Donations for Community Benefits.

Trinity Square Park in Ward 13 is a popular gathering space, pedestrian zone and green oasis nestled against CF Eaton Centre, Holy Trinity Church, Marriott Hotel, and 483 Bay Street (Bell Trinity Square).

The Park falls within the boundaries of the Downtown Yonge Business Improvement Area. The Business Improvement Area undertakes programming in the Park including the popular Play the Park series. CF Eaton Centre also operates Santa's Cabin in the park every year, and the Labyrinth Community Network helps steward and program the popular labyrinth.

The Park features many design elements that over time are starting to show signs of wear and tear. The Downtown Yonge Business Improvement Area wants to rehabilitate the Park's 1980s-era Clock Tower, including surface repairs, repainting, and replacement of the broken clock mechanism with new all-weather clockworks.

To undertake the work, the Downtown Yonge Business Improvement Area proposes to enter into a Construction and Donation Agreement with the City and make the necessary repairs with the approval of the Parks, Forestry and Recreation Division. The finished work would constitute an in-kind donation to the City of Toronto, with an estimated value of $100,000.

Under the City's Policy on Donations for Community Benefits, donations with a value of $50,000 or more must be approved by City Council.

In order to address the poor state of the Clock Tower, Downtown Yonge Business Improvement Area would like to expedite this work as soon as possible.

Councillor Kristyn Wong-Tam, seconded by Councillor Mike Layton, recommends that:

1. City Council increase the 2019-2028 Capital Budget and Plan for Transportation Services by $31,273 gross, $0 debt, with cash flow commitments of $31,273 in 2020, fully funded by Section 37 community benefits obtained from the development at 60 Shuter Street and 187-189 Church Street (source account: XR3026-3700961), to be utilized to fabricate and install branded street name signs for Cabbagetown South (Signs and Markings Asset Management, CTP 720-01).

The Cabbagetown South Residents’ Association, in consultation with Transportation Services, have designed a decorative street sign to mark the boundaries of one of Toronto's oldest and historic neighbourhoods. The installation of these signs will enhance the attractiveness of the community for local residents and help commemorate the City's past for future generations. Approximately 205 decorative signs will be purchased and installed.

The Motion seeks authorization to include an increase in the 2020 Capital Budget of Transportation Services, to include additional Section 37 Planning Act Reserve Funds of $31,272.75, which shall be utilized to purchase and install branded street name signs for Cabbagetown South.

Funds have been secured through Section 37 benefits from the development at 60 Shuter Street and 187-189 Church Street for the purpose of undertaking local area streetscape and park improvements in Ward 13. The funds have been received by the City from this development and the monies identified above have not been spent, or remain uncommitted to satisfy this Motion.

Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy, recommends that:

1. City Council call on the Province of Ontario to halt the closures of, mergers of, and cuts to our local health care services, including Public Health Units, land ambulance services, hospitals and long-term care homes.

Health care is consistently ranked as the highest Canadian public policy priority. Investments in health care have improved the overall welfare of society in countless ways by preventing, curing and treating disease and injuries. Municipalities like Toronto, and residents across Ontario, benefit from health investments when those resources are delivered locally.

The amalgamation and downsizing of hospitals in Ontario and across other Canadian jurisdictions has proven to be an expensive undertaking that has redirected money away from frontline care. Now there is mounting concern about the proposed closure of 25 local Public Health Units, more than half of the local ambulance dispatch centres, and 49 of Ontario's 59 local ambulance services. Simultaneously, long-term care homes are facing real dollar cuts and the cancellation of two dedicated funds. Altogether, these cuts represent a challenge in effectively delivering services to those in need.

The proposed cuts, closures, and mergers of local heal care services should be halted to ensure that the highest quality of care can be maintained for Toronto and residents across Ontario. Cities and towns across Ontario are adopting similar motions to protect local health care services from shortsighted provincial downloading and funding cuts.

Councillor Kristyn Wong-Tam, seconded by Councillor Gord Perks, recommends that:

1. City Council request the Executive Director, Social Development, Finance and Administration, in conjunction and in consultation with OASIS Food Hub, the Chief Planner and Executive Director, City Planning, the Chief Executive Officer, Toronto Community Housing Corporation, the General Manager, Parks, Forestry and Recreation, the General Manager, Solid Waste Management Services and other divisions as required to review the actions and approvals necessary to facilitate the following matters, and to report back to the March 10, 2020 meeting of the Economic and Community Development Committee:

a.  the creation of an underground aquaponics farm at 325 Bleecker Street, a Toronto Community Housing Corporation Building; and

b.  the location for OASIS Food Hub for the production, distribution and management of food and water in St. James Town.

The St. James Town Neighbourhood is one of the largest and most diverse neighbourhoods in Toronto. Food insecurity is a major issue facing this neighbourhood and many other low-income neighbourhoods across the City. Whether a resident can access inexpensive, healthy food is one of the social determinants of health recognized by the Canadian Mental Health Association and other organizations. The importance of food security is also recognized through the City’s 2018 Toronto Food Strategy and the City’s 2017 climate action strategy, TransformTO.

The OASIS Food Hub (Organic Agricultural Sustainable Integrated System) is a model designed by and for St. James Town residents to ensure climate resilient access to healthy affordable food and to strengthen onsite capacity and preparedness for extreme weather and emergencies. OASIS aims to reduce environmental impact and increase social inclusion. OASIS is a full-cycle urban food hub meaning that it engages every phase of the food cycle from growing to soil regeneration in efficient and connected loops. OASIS works with local farms and distributors to increase food access, with the model designed to be replicable across high rise and vulnerable communities.

Many apartment buildings in St. James Town, including those owned by Toronto Community Housing Corporation, were built in the 1960s with amenities that have since been shuttered. One such facility is a swimming pool that exists in the sub-basement of 325 Bleecker Street, a Toronto Community Housing Corporation building. Rather than allowing this underground pool to sit dormant, OASIS is interested in creating an aquaponics farm that could grow vegetables and fish that could be distributed to the neighbourhood. Aside from being able to grow cheap, healthy food that meets the varied dietary needs of St. James Town residents, OASIS would also assist with food waste diversion and be able to provide training and skills to participants.

The long-term plans for St. James Town is to rethink the open space within the neighbourhood through the St. James Town Connects Framework that was adopted by City Council in 2018. Part of that work is exploring the creation of a market place area that would formalize informal commercial activity that is already occurring on the grounds of 200 Wellesley Street East. This and other potential spaces in the neighbourhood could provide the opportunity to create, such as through the use of shipping containers, a physical space for OASIS for the production, distribution and management of food and water to the neighbourhood.

Councillor Jaye Robinson, seconded by Councillor Josh Matlow, recommends that:

1. City Council direct the General Manager, Transportation Services, in consultation with appropriate City staff, to expand the scope of the Vision Zero Road Safety Plan to include an emphasis area specifically targeting heavy trucks and active construction sites.

On Tuesday, September 10, 2019, a pedestrian was tragically struck and killed by a cement truck at the intersection of Yonge Street and Erskine Avenue, steps from John Fisher Junior Public School. One week later on Tuesday, September 17, 2019, a Toronto Transit Commission passenger was struck by a dump truck while exiting a streetcar along Bathurst Street.

Pedestrians are more likely to be killed in collisions with trucks than in collisions with non-truck vehicles. A recent analysis conducted by the University of Windsor found that 35 pedestrian deaths in Toronto between 2007 and 2017 involved trucks. Out of 93 pedestrian collisions with trucks, 37.6 percent resulted in a fatality. In contrast, only 15.9 percent of pedestrian collisions involving non-truck vehicles were fatal.

Under the Vision Zero Road Safety Plan, there are over 50 countermeasures that prioritize the safety of vulnerable road users. Moving forward, there is an opportunity to place a greater emphasis on measures that specifically target heavy trucks.

Councillor Josh Matlow, seconded by Councillor Jaye Robinson, recommends that:

1. City Council request the General Manager, Transportation Services, to conduct an audit of all streets in the Yonge-Eglinton Secondary Plan area for potential road reconfigurations and other traffic safety measures consistent with Vision Zero principles and report to the Infrastructure and Environment Committee in Q1 2020. 

2. City Council request the General Manager, Transportation Services, to report to the Infrastructure and Environment Committee on the recommendations contained in MM55.29 Taking Back Our Streets - Getting Toronto Moving Again referred to the Deputy City Manager, Cluster B, by the Public Works and Infrastructure Committee on January 6, 2015, including:

a. the feasibility of eliminating the practice of allowing developers to occupy the public right-of-way;

b. the feasibility of increasing the initial upfront fee to developers for occupying the public right-of-way; and

c. the feasibility of charging developers escalating monthly fees for occupying
the public  right-of-way.

3. City Council request the Toronto Police Services Board to report on strategies to enhance enforcement of the Highway Traffic by the first quarter of 2020.

Traffic safety in Midtown and across Toronto has been an increasing concern due to the pressures associated with intensification and reckless driver behavior. The conflict between heavy construction vehicles and crowded streets tragically claimed the life of another pedestrian, recently in the Yonge-Eglinton area.

For many years, local Councillors and residents have focused on making our neighbourhoods safer by advocating for lower speed limits on local residential streets, and increased fines for illegal parking in dangerous zones. The Midtown community is still waiting for Staff reports on limiting occupancy on roadways for construction, and enhanced enforcement from the Toronto Police Service.

While the Toronto Police Service needs to make traffic safety a priority, no amount of police presence will dissuade all bad driver behavior. That's why this Motion requests an audit of all streets in the Yonge-Eglinton Secondary Plan area for potential road reconfigurations and other traffic safety measures consistent with Vision Zero principles. It also reaffirms past Council positions and requests follow up actions by both City staff and the Toronto Police Service.

The City needs to send a strong message that arriving at a destination a couple minutes faster is never worth putting someone's life at risk. Instead of viewing pedestrians as obstacles, we need see them as though they could be a friend or family member, and someone who would be missed terribly if they were ever fatally hit by a driver of a vehicle. Let's all slow down.

 Councillor Gord Perks, seconded by Councillor Shelley Carroll, recommends that:

1.  City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for JP Sushi, 520 Annette Street (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence and that the Registrar should issue a Proposal to Review the liquor licence application.

2. City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises.

3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City Council direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises.

An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 520 Annette Street to operate under the name of JP Sushi. (the "Premises"). This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario that this application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence.

This establishment is located in close proximity to residential dwellings. There are concerns that an establishment with a liquor licence can cause noise and disturbance to residents in the area. If conditions are put in place, these concerns may be mitigated. Under no circumstance should the establishment be granted a liquor sales licence without conditions attached.

This matter is deemed urgent as the deadline to object to the application is October 4, 2019.

 Councillor Gord Perks, seconded by Councillor Shelley Carroll, recommends that:

1.  City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Thai One On Dundas, 3132 Dundas Street West is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence and that the Registrar should issue a Proposal to Review the liquor licence application.

2.  City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises.

3.  City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City Council direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises.

An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 3132 Dundas Street West to operate under the name Thai One On Dundas. This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario that this application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence.

This establishment is located in close proximity to residential dwellings. There are concerns that an establishment with a liquor licence can cause noise and disturbance to residents in the area. If conditions are put in place, these concerns may be mitigated. Under no circumstance should the establishment be granted a liquor sales licence without conditions attached.

This matter is deemed urgent as the deadline to object to the application was September 19, 2019.

 Councillor Gord Perks, seconded by Councillor Shelley Carroll, recommends that:

1.  City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario that the issuance of a liquor licence for Chartwell Grenadier Retirement Residence, 2100 Bloor Street West (the "Premises") is not in the public interest having regard to the needs and wishes of the residents unless conditions are placed on the licence and that the Registrar should issue a Proposal to Review the liquor licence application.

2.  City Council request the Licence Appeal Tribunal to provide the City of Toronto with an opportunity to be made party to any proceedings with respect to the Premises.

3. City Council authorize the City Solicitor to attend all proceedings before the Licence Appeal Tribunal in this matter and City Council direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including adding conditions to any liquor licence issued for the Premises.

An application has been submitted to the Alcohol and Gaming Commission of Ontario for a liquor licence at the premises at 2100 Bloor Street West to operate under the name of Chartwell Grenadier Retirement Residence (the "Premises"). This Motion requests that City Council advise the Alcohol and Gaming Commission of Ontario that this application for a liquor licence is not in the public interest unless certain conditions, addressing the concerns of the community, are attached to the licence.

This Premises is located within a retirement residence and if a liquor licence is issued noise and other impacts from the Premises may disturb residents. If conditions are attached to the licence, these concerns may be mitigated. Under no circumstance should the establishment be granted a liquor sales licence without conditions attached.

This matter is deemed urgent as the deadline to object to the application is October 14, 2019.

 Councillor Michael Thompson, seconded by Councillor Jennifer McKelvie, recommends that:

1.  City Council authorize the City Solicitor and appropriate City Staff to attend at the Toronto Local Appeal Body hearing to support the Committee of Adjustment's decision in Application A0278/17SC respecting 939 Warden Avenue.

 
2.  City Council authorize the City Solicitor to retain outside consultants as necessary.

 
3.  City Council authorize the City Solicitor to negotiate a settlement of the appeal of the decision in Application A0278/17SC respecting 939 Warden Avenue and authorize the City Solicitor to settle the matter on behalf of the City at the City Solicitor's discretion after consultation with the Ward Councillor and with the Director of Community Planning, Scarborough District.

On August 22, 2019, the Scarborough Panel of the Committee of Adjustment (the "Committee") refused an application brought by the owner of 939 Warden Avenue for a side-yard setback minor variance of 4.95 metres where the applicable Zoning By-law requires 7.5 metres (the "Application"). The Application proposed to build a one-story addition to the east side of the existing building.

On August 28, 2019, the owner appealed the Committee's decision to modify and approve the Application to the Toronto Local Appeal Body.

In a report from the Director, Community Planning, Scarborough District dated January 25, 2019, Community Planning Staff recommended the Application be deferred from its original hearing date to provide the owner with the opportunity to address the concerns of Transportation staff. A copy of that report is attached. The Application was deferred accordingly and a hearing was ultimately held on August 22, 2019.

This Motion will authorize the City Solicitor to oppose the applicant’s Toronto Local Appeal Body appeal and to secure the necessary authorization and resources to support the City’s opposition to the appeal. The cost of any outside consultants can be accommodated within City Legal’s 2019 budget.

Councillor Mike Colle, seconded by Councillor Ana Bailao, recommends that:

1.  City Council request the Toronto Police Services Board, as part of the newly announced neighbourhood officers' program, to establish a Community Police Office in Lawrence Heights.

The purpose of this Motion is to request City of Toronto Council's support in requesting that the Toronto Police Services Board, through the newly announced neighbourhood officers' program, establish a Community Police Office in Lawrence Heights, as this new neighbourhood officers' program has been created to better serve and enhance community policing.

Since 32 Division, which serves the Lawrence Heights Community, is located 8.4 kilometres away, there is a need for a permanent Police Office in the Lawrence Heights community, given the ongoing challenges the community of Lawrence Heights and surrounding community is having with gun violence and other criminal activity.

This is an urgent Motion given the continuous gun violence plaguing the Lawrence Heights and surrounding Community.

Councillor Mike Colle, seconded by Councillor Ana Bailao, recommends that:

1.  City Council urge the Province of Ontario to restore its one-third, $14 million, share for the building of the community centre in Lawrence Heights, as committed in the 2018 Provincial Budget.

The purpose of this Motion is to request City of Toronto Council's support in urging the Province of Ontario to reinstate its one-third share $14 million in the building of the community centre in Lawrence Heights. 

In April 2018, the Provincial Budget included $14 million dollars towards a new community centre in Lawrence Heights. However, in August 2019, the Province of Ontario withdrew its one-third share of $14 million that was committed to the building of community centre, which had a $14 million dollar commitment from the Federal and Municipal governments.

This is an urgent Motion given the acute need to invest in youth and communities so that the

City of Toronto can better deal with the root cause of violence by investing in communities, families and youth.

Councillor Mike Colle, seconded by Councillor Frances Nunziata, recommends that:

1.  City Council without further delay, request the Ontario Minister of Transportation to permit the City of Toronto to deploy Automated Speed Enforcement Cameras at all school zones and community safety zones.

The purpose of this Motion is to make school and community safety zones safer.

Toronto City Council should request without further delay that the Minister of Transportation, The Hon. Caroline Mulroney permit the City of Toronto to deploy Automated Speed Enforcement Cameras at all school zones, and community safety zones.

This is an urgent matter of public safety due to the children at risk and the number of pedestrian fatalities we have recently experienced.

Councillor Gary Crawford, seconded by Councillor Michael Thompson, recommends that:

1.  City Council direct the City Solicitor to appeal the decision of the Committee of Adjustment, Scarborough Panel, to the Toronto Local Appeal Body, in order to oppose the approval of the applicant’s proposed development for 100 Brenda Crescent (Application B0023/18SC, A0134/18SC, and A0135/18SC).

 
2.  City Council authorize the City Solicitor and appropriate staff to attend the Toronto Local Appeal Body to oppose the Committee of Adjustment's decision.

 
3.  City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.

On September 18, 2019, the Scarborough Panel of the Committee of Adjustment approved a consent application and associated minor variance applications in respect of the property municipally known as 100 Brenda Crescent. These applications are filed as Applications  B0023/18SC, A0134/18SC, and A0135/18SC. The applicant sought relief from City of Toronto Zoning By-law 569-2013 to allow the subject property to be severed into two lots, each with a frontage of 9.14 metres and an area of 258 square metres. The applicant is proposing to demolish the existing house and build two new detached houses.

A report (September 6, 2019) from City Planning to the Committee of Adjustment to recommend refusal of the consent and variances. The proposed consent does not satisfy the consent criteria under section 51(24) of the Planning Act. The proposed variances do not maintain the general intent and purpose of the Official Plan and Zoning By-law and are neither desirable nor minor. Copies of the Notice of Decision of the Committee of Adjustment and the staff report are attached.

This matter is time sensitive and urgent as the deadline for appealing the decision of the Toronto Local Appeal Body is on October 8, 2019.

Councillor Jaye Robinson, seconded by Councillor Brad Bradford, recommends that:

1.  City Council authorize the City Solicitor and appropriate City Staff to attend the Toronto Local Appeal Body and to retain outside consultants as necessary to uphold the decision of the Committee of Adjustment with respect to application A0476/19NY respecting 158 McRae Drive.

2.  City Council authorize the City Solicitor to negotiate a settlement of the appeal of the decision in Application A0476/19NY respecting 158 McRae Drive and settle the matter of behalf of the City at the City Solicitor's discretion after consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor.

On August 29, 2019, the North York Panel of the Committee of Adjustment approved on condition the application for minor variances for the property municipally known as 158 McRae Drive. The Notice of Decision is attached to this Motion.   

In their report to the Committee dated August 23, 2019, which is attached to this Motion, Community Planning staff recommended modifications be made to the Application on consent of the applicant, with respect to building height and the number of storeys.  Planning also recommended that, should the Committee approve the application, the approval be subject to conditions respecting the parking space width and the construction material of the proposed driveway. The Committee approved the modified Application and imposed the recommended conditions.  The applicant appealed this decision of the Committee.

The applicant has appealed the Committee of Adjustment's modified Decision to the Toronto Local Appeal Body and the date for the hearing is January 13, 2020. Should City Council instruct the City Solicitor to attend the Toronto Local Appeal Body in support of the Committee's decision on the modified Application and the imposed conditions, the City's Notion of Intention to be a Party is due October 24, 2019.

Councillor Mike Layton, seconded by Councillor Joe Cressy, recommends that:

1. City Council direct the City Solicitor, along with appropriate City Staff, to attend the Toronto Local Appeal Body in order to oppose the applicant’s appeal of the Toronto and East York District Panel Committee of Adjustment’s decision refusing the minor variance requested in Application A1193/18TEY respecting 100 Willcocks Street.  
 

2. City Council authorize the City Solicitor to attempt to negotiate a settlement, and if resolution is reached, to settle the matter on behalf of the City in the City Solicitor's discretion, in consultation with the Ward Councillor, the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Preservation Services.

 
3. City Council authorize the City Solicitor, and any necessary staff, to take all steps necessary to bring resolution to the matter.

The applicant has applied for minor variances from the City-wide Zoning By-law 569-2013 and former City of Toronto Zoning By-law 438-86 to alter the existing two-storey townhouse with two dwelling units by constructing a rear basement walkout; a west side, ground floor bay window (oriel window); a rear two-storey addition with a second storey balcony; and a new rear one-storey detached garage (the “Application”). The Application is known as municipal file A1193/18TEY.   

The property is also subject to the Harbord Village Heritage Conservation District Phase 1, Part V Designation under the Ontario Heritage Act through By-law 137-2005.

On August 21, 2019, Heritage Preservation Services, in a report to the Committee, was generally satisfied with the revisions made to the plans and drawings before the Committee on the minor variance application and directed that the approval of the minor variance application be conditional on obtaining heritage permit approval under section 42 of the Ontario Heritage Act.  

On August 22, 2019, Urban Forestry, in a further report to the Committee, did not object to the removal and requested a series of conditions be imposed on the minor variance approval.

On August 22, 2019, City Planning recommended refusal of Variance Number 2 and Variance Number 4 related to garage height and building depth. City Planning provided no comment on the other variances requested.

On September 3, 2019, the Committee refused the Applications, as the minor variances did not meet the Planning Act’s four tests. 

The Applicant has appealed the Committee's Decision to refuse the Application to the Toronto Local Appeal Body, and the hearing has been set for January 21, 2020.

Councillor John Filion, seconded by Councillor Mike Colle, recommends that:

1.  City Council authorize and direct the City Solicitor and any other appropriate City staff to bring forward a Motion to the Toronto Local Appeal Body that will allow the City to gain Party status at the hearing, despite having missed the Toronto Local Appeal Body deadlines.

 
2.  City Council authorize and direct the City Solicitor and any other appropriate City staff to attend the Toronto Local Appeal Body hearing for 32 Florence Avenue to uphold the Committee of Adjustment's refusal of the consent minor variances requested through Application B0002/19NY, A0009/19NY, A0010/19NY, A0011/19NY.

 
3.  City Council authorize the City Solicitor to retain outside consultants, as necessary.

 
4.  City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to resolve the appeal at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.

In 2018, City Planning conducted a study of the area bounded by Botham Road and Yonge Street, Franklin Avenue and Johnston Avenue. The purpose of the study was to establish stability in the West Lansing neighbourhood which had historically seen a pattern of 25 foot (7.62 metre) lots, but never less than 25 feet. 

On June 5, 2019, the Committee of Adjustment North York Panel refused an application for proposed consent and minor variances at 32 Florence Avenue (Application B0002/19NY, A0009/19NY, A0010/19NY and A0011/19NY) to create three undersized lots with frontages of 7.11 metres and with a list of minor variances for each dwelling on the three properties.  The property lies within the study area and would create the three smallest lots in the area.

The applicant has appealed the decisions to the Toronto Local Appeal Body and a hearing date has been set for November 6 and 7, 2019.  A copy of the Notices of Decision of the Committee of Adjustment is attached.

Due to the timing of City Council's summer session, the City did not authorize the City Solicitor and appropriate City Staff to carry out the necessary procedural steps to be a Party at the hearing.  All of the required deadlines have now passed. 

This Motion will authorize the City Solicitor and appropriate City Staff to request from the Toronto Local Appeal Body by Motion to add the City as a party to the proceedings in order to attend the hearing and oppose the proposed consent and minor variances requested in the Application. This Motion will also give the City Solicitor authority to negotiate a settlement of the appeal and retain outside consultants, as necessary.

This matter is time sensitive and urgent as the applicant has already appealed the Decision to the Toronto Local Appeal Body and Legal Services requires further instructions to proceed with the hearing for this matter that has been scheduled.

If the City is unsuccessful in its Motion for party status, there could be a cost award against the City.  In addition, the cost of retaining outside consultants could result in an expenditure that is beyond Legal Services' budget for 2019.

Councillor Stephen Holyday, seconded by Councillor Brad Bradford, recommends that:

1. City Council direct the City Solicitor, and any other appropriate City staff, to attend the Toronto Local Appeal Body hearing in respect of 21 X Edgehill Road to ensure that the Toronto Local Appeal Body imposes City Planning staff's recommendation to the Committee of Adjustment, dated September 4, 2019, if the Toronto Local Appeal Body approves the applicant’s Appeal (Application A0290/18EYK).

2. City Council authorize the City Solicitor to retain outside consultants as necessary.

3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the Appeal and, if a resolution is reached, to settle the Appeal at the City Solicitor’s discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.

On September 12, 2019, the Etobicoke – York District Panel of the Committee of Adjustment refused a minor variance application related to the property municipally known as 21 X Edgehill Road. The applicant has appealed the refusal decision to the Toronto Local Appeal Body.

The applicant proposes to construct a new detached dwelling with an integral garage, a second and third storey platform. The application requires variances to City-wide Zoning By-law 569-2013 including variances for maximum permitted gross floor area; minimum required side yard setback; maximum permitted building height of a flat roofed dwelling; maximum number of platforms and area of platforms; chimney height; setback from the ravine bank; and maximum number of storeys.

Community Planning staff do not oppose the application. City Planning staff submitted a report dated September 4, 2019 to the Committee of Adjustment to recommend that, if the Committee of Adjustment approved the application, the applicant construct the new dwelling substantially in accordance with the plans that were filed with the Committee of Adjustment at its September 12, 2019 meeting.

Copies of the Notice of Decision of the Committee of Adjustment and the Community Planning Staff Report are attached.

This Motion will authorize the City Solicitor to attend the applicant’s Toronto Local Appeal Body Appeal in order to ensure that City Planning staff's above-noted recommendation, should the Toronto Local Appeal Body approve the applicant's Appeal. This Motion will also authorize the City Solicitor to secure the necessary authorization and resources to support the City’s position at the Appeal, including providing for the City Solicitor's ability to settle the matter.

This Motion is urgent because the deadline to become a party to the Appeal is October 2, 2019.