Item - 2020.IE11.8
Tracking Status
- City Council adopted this item on January 29, 2020 with amendments.
- This item was considered by Infrastructure and Environment Committee on January 9, 2020 and was adopted with amendments. It will be considered by City Council on January 29, 2020.
IE11.8 - Logistical and Legal Implications of Eliminating Right of Way Occupancy for Private Construction Projects and Potential Provision of Construction Management Plans at Rezoning Stage
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on January 29, 2020, adopted the following:
1. City Council request the General Manager, Transportation Services, in consultation with the Chief Planner and Executive Director, City Planning, to report to the Infrastructure and Environment Committee in the second quarter of 2020 with a report on implementing a new right-of-way occupancy permit policy that defaults to a denial of requests, except when no other options are available or when other factors necessitate and will require:
a. consultation with the Toronto Transit Comission, Transportation Services and City Planning to determine whether a closure will adversely impact any current or future public uses of a right-of-way, including those affecting pedestrians, motorists, transit users, and cyclists; and
b. a percentage of the additional Gross Floor Area achieved by the developer, as a result of City right-of-way use for construction, to be provided for public amenities, such affordable housing, childcare, or seniors services.
2. City Council direct the General Manager, Transportation Services to report to the Infrastructure and Environment Committee by the third quarter of 2020 on options for enhanced enforcement measures against companies making unnecessary lane closures, fencing-off parking spots and using active lanes as parking zones.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2020/ie/bgrd/backgroundfile-141346.pdf
Communications (Committee)
(January 8, 2020) Letter from Councillor Josh Matlow (IE.New.IE11.8.2)
https://www.toronto.ca/legdocs/mmis/2020/ie/comm/communicationfile-100112.pdf
Communications (City Council)
https://www.toronto.ca/legdocs/mmis/2020/cc/comm/communicationfile-100783.pdf
Motions (City Council)
That City Council direct that the General Manager, Transportation Services report to the Infrastructure and Environment Committee by the third quarter of 2020 on options for enhanced enforcement measures against companies making unnecessary lane closures, fencing-off parking spots and using active lanes as parking zones.
Vote (Amend Item (Additional)) Jan-29-2020 2:14 PM
| Result: Carried | Majority Required - IE11.8 - Pasternak - motion 1 |
|---|---|
| Total members that voted Yes: 24 | Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 2 | Members that were absent are Jim Karygiannis, Jaye Robinson |
Vote (Adopt Item as Amended) Jan-29-2020 2:15 PM
| Result: Carried | Majority Required - IE11.8 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 24 | Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 2 | Members that were absent are Jim Karygiannis, Jaye Robinson |
IE11.8 - Logistical and Legal Implications of Eliminating Right of Way Occupancy for Private Construction Projects and Potential Provision of Construction Management Plans at Rezoning Stage
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Committee Recommendations
The Infrastructure and Environment Committee recommends that:
1. City Council request the General Manager, Transportation Services, in consultation with the Chief Planner and Executive Director, City Planning, to report to the Infrastructure and Environment Committee in the second quarter of 2020 with a report on implementing a new right-of-way occupancy permit policy that defaults to a denial of requests, except when no other options are available or when other factors necessitate and will require:
a. Consultation with the TTC, Transportation Services, and City Planning to determine whether a closure will adversely impact any current or future public uses of a right-of-way, including those affecting pedestrians, motorists, transit users, and cyclists.
b. A percentage of the additional Gross Floor Area achieved by the developer, as a result of City right-of-way use for construction, to be provided for public amenities, such affordable housing, childcare, or seniors services.
Origin
Summary
Extensive private development projects are significantly impacting the City's right of way. This report responds to outstanding requests from City Council to examine possible approaches to mitigation, including the legal implications of denying right of way permits and the provision of Construction Management Plans at the time of rezoning.
Further review of coordinating construction projects and mitigating their impacts will be included as part of the Congestion Management Plan update report scheduled for the first quarter of 2020.
Background Information
https://www.toronto.ca/legdocs/mmis/2020/ie/bgrd/backgroundfile-141346.pdf
Communications
(January 8, 2020) Letter from Councillor Josh Matlow (IE.New.IE11.8.2)
https://www.toronto.ca/legdocs/mmis/2020/ie/comm/communicationfile-100112.pdf
Speakers
Hamish Wilson
Councillor Frances Nunziata
Councillor Josh Matlow
Motions
1. City Council request the General Manager, Transportation Services, in consultation with the Chief Planner and Executive Director, City Planning, to report to the Infrastructure and Environment Committee in the second quarter of 2020 with a report on implementing a new right-of-way occupancy permit policy that defaults to a denial of requests, except when no other options are available or when other factors necessitate and will require:
a. Consultation with the TTC, Transportation Services, and City Planning to determine whether a closure will adversely impact any current or future public uses of a right-of-way, including those affecting pedestrians, motorists, transit users, and cyclists.
b. A percentage of the additional Gross Floor Area achieved by the developer, as a result of City right-of-way use for construction, to be provided for public amenities, such affordable housing, childcare, or seniors services.
Vote (Amend Item) Jan-09-2020
| Result: Carried | Majority Required |
|---|---|
| Total members that voted Yes: 5 | Members that voted Yes are Mike Colle, Mike Layton, Jennifer McKelvie, James Pasternak (Chair), Anthony Perruzza |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 1 | Members that were absent are Denzil Minnan-Wong |