Item - 2022.PH34.4

Tracking Status

PH34.4 - City-Initiated Zoning By-law Amendments to Implement Ontario Line - Final Report

Decision Type:
ACTION
Status:
Amended
Wards:
10 - Spadina - Fort York, 13 - Toronto Centre, 14 - Toronto - Danforth, 15 - Don Valley West

City Council Decision

City Council on June 15 and 16, 2022, adopted the following:

  

1. City Council amend City of Toronto Zoning By-law 569-2013 and the former City of Toronto Zoning By-law 438-86 substantially in accordance with the draft Zoning By-law Amendments in Attachments 1 and 2 to the report (May 16, 2022) from the Chief Planner and Executive Director, City Planning, as amended by Part 2 below, for the lands at:

 

a 1, 2, 4 and 6 Thorncliffe Park Drive;

 

b. 36 Overlea Boulevard;

 

c. 40 Beth Nealson Drive and unaddressed lands south of 50 Beth Nealson Drive;

 

d. a portion of 150 Sherbourne Street;

 

e. 205 Queen Street West;

 

f. a portion of 130 Queen Street West;

 

g. a portion of 1 Queen Street East;

 

h. 1A, 1B, 1C, 1, 5, 9, 11, 35 Sunlight Park Road and 341, 353, 361 Eastern Avenue;

 

i. 100 and 150 Manitoba Drive;

 

j. 1a Atlantic Avenue and 1 Jefferson Avenue;

 

k. unaddressed lands south of Pirandello Street, between Dufferin and Strachan;

 

l. 10R Ordnance Street;

 

m. unaddressed lands comprising a portion of the GO Rail Don Yard storage facility;

 

n. unaddressed lands within the Union Station Rail Corridor west of Cherry Street; and

 

o. 12R Strachan Avenue.

 

2. City Council amend the draft By-law in Attachment 2 to the report (May 16, 2022) from the Chief Planner and Executive Director, City Planning, by deleting item v. from permissive exception 490 of the draft amendments to the former City of Toronto Zoning By-Law 438-86 and Schedule 5 as they pertain to a portion of the property at 130 Queen Street West, and City Council refer matters related to this property back to staff for further discussions with Metrolinx regarding the community proposed alternative location for the planned Ontario Line Osgoode Station main station entrance and identify any options that may exist to avoid impacts on built and cultural heritage and the loss of publicly-accessible greenspace and mature trees on the Osgoode Hall grounds, and that the results of this work be reported to City Council through City Staff as well as to a Community Liaison Committee for Osgoode Station being established by Metrolinx.

 

3. City Council direct the Executive Director, Transit Expansion to convey Council's significant concerns about the proposed use of Osgoode Hall lands for construction of the Ontario Line Osgoode Station.

 

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

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Committee)

(May 16, 2022) Report from the Chief Planner and Executive Director, City Planning on City-Initiated Zoning By-law Amendments to Implement Ontario Line - Final Report
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-225446.pdf
Attachment 1: Draft Amendments to City of Toronto Zoning By-law 569-2013
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-226046.pdf
Attachment 2: Draft Amendments to former City of Toronto Zoning By-law 438-86
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-225448.pdf
(May 10, 2022) Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-225610.pdf

Communications (Committee)

(May 16, 2022) Submission from Kevin Murray (PH.Main)
(May 27, 2022) Letter from Don Young, Ward 11 Director, Interim Director Ward 13, and Co-chair, Advocacy and Activism Committee, Federation of South Toronto Residents Association (FoSTRA) (PH.New)
https://www.toronto.ca/legdocs/mmis/2022/ph/comm/communicationfile-150339.pdf
(May 29, 2022) Letter from Ceta Ramkhalawansingh, Hon. Chair, Grange Community Association (PH.New)
https://www.toronto.ca/legdocs/mmis/2022/ph/comm/communicationfile-150358.pdf
(May 27, 2022) Letter from Max Allen, Vice President, Planning and Development, Grange Community Association Inc. (PH.New)
https://www.toronto.ca/legdocs/mmis/2022/ph/comm/communicationfile-150361.pdf
(May 29, 2022) Submission from Liz Driver, Director/Curator, Campbell House Museum (PH.New)
https://www.toronto.ca/legdocs/mmis/2022/ph/comm/communicationfile-150364.pdf
(May 30, 2022) Letter from Diane Chin, Chair, ACO Provincial, and Catherine Nasmith, OAA FRAIC CAHP, Past-President, ACO Toronto (PH.New)
https://www.toronto.ca/legdocs/mmis/2022/ph/comm/communicationfile-150400.pdf
(May 30, 2022) Letter from Chris Tzekas, Counsel, WeirFoulds LLP on behalf of Law Society of Ontario, and the owners of Osgoode Hall (PH.New)
https://www.toronto.ca/legdocs/mmis/2022/ph/comm/communicationfile-150403.pdf

Motions (City Council)

1a - Motion to Amend Item moved by Councillor Joe Mihevc (Carried)

That City Council amend Planning and Housing Committee Recommendation 2 so that it now reads as follows:

 

2. City Council amend the draft by-law in Attachment 2 to the report (May 16, 2022) from the Chief Planner and Executive Director, City Planning, by deleting item v. from permissive exception 490 of the draft amendments to the former City of Toronto Zoning By-Law 438-86 and Schedule 5 as they pertain to a portion of the property at 130 Queen Street West, and refer matters related to this property back to staff for further discussions with Metrolinx regarding the community proposed alternative location for the planned Ontario Line Osgoode Station main station entrance and identify any options that may exist to avoid impacts on built and cultural heritage and the loss of publicly-accessible greenspace and mature trees on the Osgoode Hall grounds, and that the results of this work be reported to City Council through City Staff as well as to a Community Liaison Committee for Osgoode Station being established by Metrolinx.

Vote (Amend Item) Jun-16-2022 11:14 AM

Result: Carried Majority Required - PH34.4 - Mihevc - motion 1a
Total members that voted Yes: 19 Members that voted Yes are Paul Ainslie, Robin Buxton Potts, Shelley Carroll, Gary Crawford, John Filion, Paula Fletcher, Stephen Holyday, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, John Tory
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 6 Members that were absent are Ana Bailão, Brad Bradford, Mike Colle, Mark Grimes, Jennifer McKelvie, Anthony Perruzza

1b - Motion to Amend Item (Additional) moved by Councillor Joe Mihevc (Carried)

That City Council direct the Executive Director, Transit Expansion to convey Council's significant concerns about the proposed use of Osgoode Hall lands for construction of the Ontario Line Osgoode Station.

Vote (Amend Item (Additional)) Jun-16-2022 11:15 AM

Result: Carried Majority Required - PH34.4 - Mihevc - motion 1b
Total members that voted Yes: 22 Members that voted Yes are Paul Ainslie, Brad Bradford, Robin Buxton Potts, Shelley Carroll, Mike Colle, Gary Crawford, John Filion, Paula Fletcher, Stephen Holyday, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 3 Members that were absent are Ana Bailão, Mark Grimes, Jennifer McKelvie

Motion to Adopt Item as Amended (Carried)

Adoption of Planning and Housing Committee Recommendations 1.a, b and c:

 

1. City Council amend the City of Toronto Zoning By-law 569-2013 and the former City of Toronto Zoning By-law 438-86 substantially in accordance with the draft Zoning By-law Amendments in Attachments 1 and 2 to the report (May 16, 2022) from the Chief Planner and Executive Director, City Planning, as amended by Recommendation 2 below, for the lands at:

 

a. 1, 2, 4 and 6 Thorncliffe Park Drive;
b. 36 Overlea Boulevard;
c. 40 Beth Nealson Drive and unaddressed lands south of 50 Beth Nealson Drive;

Vote (Adopt Item as Amended) Jun-16-2022 11:17 AM

Result: Carried Majority Required - PH34.4 - Adoption of Planning and Housing Committee Recommendations 1.a, b and c
Total members that voted Yes: 18 Members that voted Yes are Paul Ainslie, Brad Bradford, Robin Buxton Potts, Shelley Carroll, Mike Colle, Gary Crawford, John Filion, Stephen Holyday, Cynthia Lai, Mike Layton, Nick Mantas, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Michael Thompson, John Tory
Total members that voted No: 4 Members that voted No are Paula Fletcher, Josh Matlow, James Pasternak, Jaye Robinson
Total members that were Absent: 3 Members that were absent are Ana Bailão, Mark Grimes, Jennifer McKelvie

Motion to Adopt Item as Amended (Carried)

Adoption of the balance of the Item as amended.

PH34.4 - City-Initiated Zoning By-law Amendments to Implement Ontario Line - Final Report

Decision Type:
ACTION
Status:
Amended
Wards:
10 - Spadina - Fort York, 13 - Toronto Centre, 14 - Toronto - Danforth, 15 - Don Valley West

Public Notice Given

Statutory - Planning Act, RSO 1990

Committee Recommendations

The Planning and Housing Committee recommends that: 

 

1. City Council amend the City of Toronto Zoning By-law 569-2013 and the former City of Toronto Zoning By-law 438-86 substantially in accordance with the draft Zoning By-law Amendments in Attachments 1 and 2 to the report (May 16, 2022) from the Chief Planner and Executive Director, City Planning, as amended by Recommendation 2 below, for the lands at:

  • 1, 2, 4, and 6 Thorncliffe Park Drive;
  • 36 Overlea Boulevard;
  • 40 Beth Nealson Drive and unaddressed lands south of 50 Beth Nealson Drive;
  • a portion of 150 Sherbourne Street;
  • 205 Queen Street West;
  • a portion of 130 Queen Street West;
  • a portion of 1 Queen Street East;
  • 1A, 1B, 1C, 1, 5, 9, 11, 35 Sunlight Park Road and 341, 353, 361 Eastern Avenue;
  • 100 and 150 Manitoba Drive;
  • 1a Atlantic Avenue and 1 Jefferson Avenue;
  • unaddressed lands south of Pirandello Street, between Dufferin and Strachan;
  • 10R Ordnance Street;
  • unaddressed lands comprising a portion of the GO Rail Don Yard storage facility;
  • unaddressed lands within the Union Station Rail Corridor west of Cherry Street; and
  • 12R Strachan Avenue.

2. City Council amend the draft by-law in Attachment 2 to the report (May 16, 2022) from the Chief Planner and Executive Director, City Planning, by deleting item v. from permissive exception 490 of the draft amendments to the former City of Toronto Zoning By-Law 438-86 and Schedule 5 as they pertain to a portion of the property at 130 Queen Street West, and refer matters related to this property back to staff for further discussions with Metrolinx regarding the community proposed alternative location for the planned Ontario Line Osgoode Station main station entrance.

 

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.

Decision Advice and Other Information

The Planning and Housing Committee held a statutory public meeting on May 31, 2022 and notice was given in accordance with the Planning Act.

Origin

(May 16, 2022) Report from the Chief Planner and Executive Director, City Planning

Summary

This report proposes city-initiated zoning by-law amendments to facilitate the delivery of the Ontario Line (OL) project. The purpose of these amendments is to provide relief from certain zoning by-law provisions related to transportation uses for lands to be acquired by Metrolinx to accommodate Ontario Line project elements.

 

The zoning by-law amendments affect lands which will accommodate Transit Structures such as emergency exit buildings, emergency service buildings, traction power substations, operations and maintenance storage facilities, ventilation shaft buildings, transit station entrance buildings and temporary facilities required for construction.  The amendments also include lands that will support the development of the East Harbour Transit Hub.

 

The amendments would apply to transportation uses only and are consistent with Official Plan and zoning policies, and none of the proposed amendments reduce zoning permissions on abutting lands, nor will the amendments impact other uses permitted on properties affected by the amendments.

Background Information

(May 16, 2022) Report from the Chief Planner and Executive Director, City Planning on City-Initiated Zoning By-law Amendments to Implement Ontario Line - Final Report
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-225446.pdf
Attachment 1: Draft Amendments to City of Toronto Zoning By-law 569-2013
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-226046.pdf
Attachment 2: Draft Amendments to former City of Toronto Zoning By-law 438-86
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-225448.pdf
(May 10, 2022) Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2022/ph/bgrd/backgroundfile-225610.pdf

Communications

(May 16, 2022) Submission from Kevin Murray (PH.Main)
(May 27, 2022) Letter from Don Young, Ward 11 Director, Interim Director Ward 13, and Co-chair, Advocacy and Activism Committee, Federation of South Toronto Residents Association (FoSTRA) (PH.New)
https://www.toronto.ca/legdocs/mmis/2022/ph/comm/communicationfile-150339.pdf
(May 29, 2022) Letter from Ceta Ramkhalawansingh, Hon. Chair, Grange Community Association (PH.New)
https://www.toronto.ca/legdocs/mmis/2022/ph/comm/communicationfile-150358.pdf
(May 27, 2022) Letter from Max Allen, Vice President, Planning and Development, Grange Community Association Inc. (PH.New)
https://www.toronto.ca/legdocs/mmis/2022/ph/comm/communicationfile-150361.pdf
(May 29, 2022) Submission from Liz Driver, Director/Curator, Campbell House Museum (PH.New)
https://www.toronto.ca/legdocs/mmis/2022/ph/comm/communicationfile-150364.pdf
(May 30, 2022) Letter from Diane Chin, Chair, ACO Provincial, and Catherine Nasmith, OAA FRAIC CAHP, Past-President, ACO Toronto (PH.New)
https://www.toronto.ca/legdocs/mmis/2022/ph/comm/communicationfile-150400.pdf
(May 30, 2022) Letter from Chris Tzekas, Counsel, WeirFoulds LLP on behalf of Law Society of Ontario, and the owners of Osgoode Hall (PH.New)
https://www.toronto.ca/legdocs/mmis/2022/ph/comm/communicationfile-150403.pdf

Speakers

Liz Driver, Campbell House Museum
Don Young, Federation of South Toronto Residents Associations, Advocacy and Activism Committee
Ceta Ramkhalawansingh, Grange Community Association
Max Allen
Councillor Mike Layton

Motions

1 - Motion to Amend Item moved by Councillor Paula Fletcher (Carried)

That recommendation 1 be amended so that it now reads as follows:

 

1. City Council amend the City of Toronto Zoning By-law 569-2013 and the former City of Toronto Zoning By-law 438-86 substantially in accordance with the draft Zoning By-law Amendments in Attachments 1 and 2, for the lands at:

  • 1, 2, 4, and 6 Thorncliffe Park Drive;
  • 36 Overlea Boulevard;
  • 40 Beth Nealson Drive and unaddressed lands south of 50 Beth Nealson Drive;
  • a portion of 150 Sherbourne Street;
  • 205 Queen Street West;
  • a portion of 130 Queen Street West;
  • a portion of 1 Queen Street East;
  • 1A, 1B, 1C, 1, 5, 9, 11, 35 Sunlight Park Road and 341, 353, 361 Eastern Avenue;
  • 100 and 150 Manitoba Drive;
  • 1a Atlantic Avenue and 1 Jefferson Avenue;
  • unaddressed lands south of Pirandello Street, between Dufferin and Strachan;
  • 10R Ordnance Street;
  • unaddressed lands comprising a portion of the GO Rail Don Yard storage facility;
  • unaddressed lands within the Union Station Rail Corridor west of Cherry Street;
  • 12R Strachan Avenue; and
  • unaddressed lands east of the rail corridor and south of Eastern Avenue

2 - Motion to Amend Item (Additional) moved by Councillor Ana Bailão (Carried)

That:

 

1.  City Council amend the draft by-law in Attachment 2 by deleting item v. from permissive exception 490 of the draft amendments to the former City of Toronto Zoning By-Law 438-86 and Schedule 5 as they pertain to a portion of the property at 130 Queen Street West, and refer matters related to this property back to staff for further discussions with Metrolinx regarding the community proposed alternative location for the planned Ontario Line Osgoode Station main station entrance.

 


3 - Motion to Adopt Item as Amended moved by Councillor Ana Bailão (Carried)

Vote (Adopt Item as Amended) May-31-2022

Result: Carried Majority Required
Total members that voted Yes: 5 Members that voted Yes are Ana Bailão (Chair), Brad Bradford, Paula Fletcher, Frances Nunziata, Gord Perks
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 0 Members that were absent are
Source: Toronto City Clerk at www.toronto.ca/council