Agenda

During the Declared Emergency in the City of Toronto, meetings of Toronto City Council are being conducted by electronic means.  Members of City Council are participating in meetings remotely.

These measures are necessary to comply with physical distancing requirements and a Provincial Order that limits public gatherings.

The meetings of Toronto City Council continue to be conducted publicly and may be viewed live on meeting day at www.toronto.ca/council

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

May 25, 2020.

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

Board of Health Item HL16.2

General Government and Licensing Committee Item GL12.13

North York Community Council Items NY14.3 and NY14.4

Scarborough Community Council Item SC14.1

Toronto and East York Community Council Items TE14.4, TE14.6, TE14.7, TE14.10, TE14.11. TE14.13, TE14.34, TE14.56 and TE14.73.

New Business 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 Board of Health recommends that:

1.  City Council commend Toronto Public Health staff for their exemplary dedication and hard work to keep Torontonians safe and healthy through the COVID-19 pandemic.

2.  City Council direct the General Manager, Shelter, Support and Housing Administration, in consultation with the Medical Officer of Health, to conduct a review of measures needed to protect clients and to continue to provide shelter services safely while COVID-19 is a concern, including reviewing the existing Toronto Shelter Standards related to the separation of beds and the use of bunk beds, and report on the implementation considerations for medium- and longer-term response strategies.

3.  City Council direct the City Manager and appropriate staff to consult with Chinese-Canadian social justice organizations about their work and the opportunity for collaboration including, but not limited to:

a.  ensuring new services introduced to address the negative impacts of COVID-19 are culturally and linguistically accessible to all Toronto residents, including those that speak Cantonese and Mandarin Chinese;

b.  creating a public awareness campaign to counter anti-Chinese and anti-Asian racism and discrimination exacerbated by the global pandemic and to launch it as soon as possible as part of the "Toronto For All" public education initiative; and

c.  recording and addressing incidents of anti-Chinese and anti-Asian violence, harassment, and labour and housing discrimination as part of the City's Vision Statement on Access, Equity and Diversity.

4.  City Council request the Government of Ontario to require the collection and public reporting of health and community service data, including COVID-19 tests disaggregated by race and occupation, in collaboration with affected communities and health professionals.

5.  City Council request the Government of Ontario to proactively share data disaggregated by race, occupation, and congregate settings to the public and public health units during the COVID-19 recovery phase.

6.  City Council request the Government of Ontario to review the staffing and funding models for the long-term care sector, including issues of poor and precarious working conditions, to permanently improve the standards of care and reduce the risk of infectious disease outbreaks.

7.  City Council request the Government of Ontario to permanently ensure that sufficient paid sick leave is available to all workers who must quarantine or self-isolate, without the requirement for a doctor's note.

The Board of Health:

1.  Requested the Government of Canada to significantly increase funding to support the City of Toronto's efforts to rapidly rehouse shelter residents during the COVID-19 pandemic and to create lasting permanent affordable housing options to end chronic homelessness.

2.  Urged Health Canada to increase funding for a spectrum of safer supply initiatives, including enhanced and flexible injectable and oral hydromorphone programs.

3.  Requested the Government of Ontario to continue supporting Toronto's COVID-19 homelessness and supportive housing response by:

a.  providing proactive testing in shelters and respites;

b.  providing additional Personal Protective Equipment for frontline shelter staff;

c.  establishing a regional Greater Toronto Area plan for isolation and recovery spaces for those in the shelter system;

d.  establishing an immediate alternative to the practice of discharging people into homelessness from provincial correctional institutions;

e.  providing resources and supports for isolation and recovery spaces for the provincially-funded supportive housing sector; and

f.  providing additional funding for the provision of permanent supportive and affordable housing opportunities.

4.  Requested the Government of Ontario to increase overall COVID-19 testing capacity at a rate determined by global best practices and leading public health officials to ensure that adequate testing is in place to enable the safe reopening of regular life in the recovery phase.

5.  Urged the Government of Ontario to support Toronto's Overdose Prevention Sites (OPS) through the provision of funding and Personal Protective Equipment during the COVID-19 pandemic.

6.  Requested the Government of Ontario to review enhanced measures to reduce community spread and protect frontline workers, such as providing separate living accommodations for workers at higher risk like those in health care and providing isolation accommodations away from families for people who test positive for COVID-19.

7.  Requested the Government of Ontario to work with food advocates and producers to review existing emergency restrictions on farmers' markets and food markets through a comprehensive public health lens and provide clarification to municipalities under what conditions, if any, markets can safely open and operate. 

8.  Requested the Ontario Ministry of Health, using an expert scientific work group, to immediately explore how best to support interaction between caregivers and residents in long-term care homes that provides for the health and safety of residents and staff.

9.  Requested the Ontario Minister of Health to extend the one-time funding for Toronto Public Health beyond 2021, reverse previously announced cuts, and provide full 100 percent provincial funding to support public health protection functions, including infectious and communicable diseases prevention and control.

10.  Requested the Ontario Minister of Health to pause the previously announced reduction and restructuring of local public health units beyond 2021 in order to allow Toronto Public Health to focus on its immediate and ongoing COVID-19 response and recovery work.

11.  Urged the Ontario Minister of Health to support the implementation of managed opioid/safer supply programs, including by adding the required formulation of hydromorphone (i.e., 50 milligrams/milliliters and 100 milligrams/milliliters hydromorphone) to the Ontario Drug Benefit Formulary to enable injectable hydromorphone programs to operate.

12.  Requested the Medical Officer of Health to strongly consider, as a fundamental component of the COVID-19 recovery strategy, the following:

a.  pursuing opportunities to provide more space for pedestrians, cyclists, and public transit riders to allow for better physical distancing, in addition to improving the safety of all road users;

b.  ensuring adequate and equitable access to open space and parkland for mental health and exercise;

c.  applying a "Housing First" approach to seek permanent affordable housing solutions, including new supportive housing units as part of the City of Toronto's response to shelters and homelessness;

d.  consulting, in coordination with the Toronto Office of Recovery and Rebuild, with affected communities and stakeholders, including Indigenous and Black communities and the non-profit sector;

e.  developing guidelines for the safe operation of farmers' markets and community food markets, in support of access to healthy and affordable food;

f.  a scaled-up and robust program of case and contact tracing, along with the resource requirements;

g.  close coordination with Toronto school boards;

h.  ensuring a robust approach to mental health promotion;

i.  reconciliation; and

j.   an enhanced public awareness campaign to increase knowledge of how to protect against COVID-19, combat misinformation, and address common public questions such as when and how to wear homemade masks.

The Medical Officer of Health gave a presentation on COVID-19: An Update to the Board of Health.

The Deputy City Manager, Community and Social Services, gave a presentation on Community and Social Services: Supporting Vulnerable Torontonians during COVID-19.

The General Manager, Shelter, Support and Housing Administration, gave a presentation on Shelter, Support and Housing Administration Response for People Experiencing Homelessness during COVID-19.

The Medical Officer of Health and other City Officials will give presentations on COVID-19 Update.

The General Government and Licensing Committee recommends that:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 18, 2019) from the Executive Director, Corporate Real Estate Management, and the City Solicitor.

2.  City Council direct that the confidential instructions in Confidential Attachment 1 to the report (December 18, 2019) from the Executive Director, Corporate Real Estate Management, and the City Solicitor remain confidential at the discretion of the City Solicitor and that the balance of Confidential Attachment 1 remain confidential in its entirety, as it pertains to potential litigation against the City of Toronto and contains advice that is subject to solicitor-client privilege.

The General Government and Licensing Committee recessed its public session to meet in closed session to consider this item, as it pertains to potential litigation against the City of Toronto and advice that is subject to solicitor-client privilege.

Toronto Parking Authority ("TPA") executed a conditional agreement to sell the lands municipally known as 20 Castlefield Avenue and 565 Duplex Avenue (the "City Lands") to 2500 Yonge Street Limited (the "Purchaser"). A location map of the City Lands is in Attachment A. As directed by City Council, staff have advised the Purchaser that City Council does not approve the Agreement of Purchase and Sale. 

Confidential Attachment 1 contains information relating to steps taken pursuant to the confidential instructions and potential next steps and legal advice from the City Solicitor relating to potential litigation.

North York Community Council recommends that:

1. City Council amend the Official Plan, for the lands at portions of 20 Castlefield Avenue and 567 Duplex Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment 8 to the report (January 3, 2020) from the Director, Community Planning, North York District.

2. City Council amend Zoning By-law 438-86 for the lands at 2490-2514 Yonge Street, 10-12 Castlefield Avenue, and portions of 20 Castlefield Avenue and 567 Duplex Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9b to the report (January 3, 2020) from the Director, Community Planning, North York District.

3. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 2490-2514 Yonge Street, 10-12 Castlefield Avenue, and portions of 20 Castlefield Avenue and 567 Duplex Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 9a to the report (January 3, 2020) from the Director, Community Planning, North York District.

4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft 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. prior to the issuance of the first building permit, cash contribution of $1,500,000.00 of which:

i. $1,000,000 will be allocated to the acquisition and/or improvement of public parks in the immediate vicinity; and

ii. $500,000 will be allocated to the Toronto Public Library for Northern District Branch improvements.

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

i. the Owner shall enter into a Heritage Easement Agreement with the City for the property at 2490-2506 Yonge Street in accordance with the plans and drawings dated November 1, 2019, prepared by Turner Fleischer Architects, and on file with the Senior Manager, Heritage Preservation Services, Urban Design, City Planning, the Heritage Impact Assessment prepared by GBCA Architects, October 31, 2019, and in accordance with the Conservation Plan required to the satisfaction of the Senior Manager, Heritage Preservation Services, Urban Design, City Planning, including registration of such agreement to the satisfaction of the City Solicitor;

ii. the owner shall 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 prepared by GBCA Architects, October 31, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services, Urban Design, City Planning;

iii. the owner shall provide an Interpretation Plan for the heritage property, to the satisfaction of the Senior Manager, Heritage Preservation Services, Urban Design, City Planning, and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services, Urban Design, City Planning;

iv. the owner shall incorporate in the construction of the building, the exterior materials as shown on 1:50 scale drawings and a heritage plaque for the Capitol Theatre as approved by the Chief Planner and Executive Director, City Planning, and submitted as part of the Site Plan Control process; and

v. the owner shall construct and maintain the development in accordance with Tier 1 performance measures of the TGS.

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

a. submit to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, a revised Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure  to accommodate the proposed development; and

b. make satisfactory arrangements with Engineering and Construction Services and enter into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure at no cost to the City, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.

7. City Council direct the Chief Planner and Executive Director, City Planning, to initiate an Official Plan Amendment application to redesignate the lands currently utilized by the Toronto Parking Authority at 20 Castlefield Avenue and 565 Duplex Avenue, save and except the lands subject to the proposed land exchange, to Parks and Open Space Areas in consultation with the General Manager, Parks, Forestry and Recreation.

North York Community Council commenced a statutory public meeting on January 8, 2020, and continued the public meeting on March 12, 2020.  Notice was given in accordance with the Planning Act.

This application proposes to amend the Official Plan and Zoning By-law for the properties at 2490-2514 Yonge Street, 10-12 Castlefield Avenue, and portions of 20 Castlefield Avenue and 567 Duplex Avenue to permit a 14-storey (50.4 metres - excluding mechanical penthouse)  mixed use building containing 150 dwelling units and retail uses at grade along Yonge Street. Portions of the existing heritage building (Capitol Theatre) located at 2490-2506 Yonge St are proposed to be conserved. The Capitol Theatre façade, and existing canopy structure, are proposed to be incorporated into the development.  The Capitol Theatre would be commemorated by replication of its volume on the ground floor, and the vestibule space would be rebuilt to a similar footprint.

A total of 191 vehicular parking spaces are proposed that would be accessed from a driveway off of Castlefield Avenue. The proposal has an overall gross floor area of 18,675 square metres, of which 1,403 square metres are proposed to be dedicated to non-residential uses at grade, with the remaining 17,271 square metres of gross floor area dedicated to residential uses.  An overall floor space index (FSI) of 6.21 is proposed. A total of 162 bicycle parking spaces are proposed for the development, of which 24 are proposed to be located at grade, with the remaining 138 bicycle parking spaces located within the first level of underground parking.

The proposal includes a proposed land exchange with the City, where approximately 650 square metres of Toronto Parking Authority lands with frontage on Castlefield Avenue would be acquired by the applicant to be incorporated in the proposed development proposal in exchange for an equivalent or nearly equivalent area of land with frontage on Duplex Avenue to be conveyed to the City (see Attachment 7).

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 is in keeping with the intent of the Toronto Official Plan, particularly as it relates to intensifying a Mixed Use Areas site within close proximity to higher order transit and providing a range of housing types.  The proposal provides an appropriate separation to the existing neighbourhoods to the west and provides an improved public realm along both street frontages with new sidewalks and landscaping. In addition, the proposal conserves a heritage resource on site (Capitol Theatre), and provides improved views to the Orange Hall, an adjacent listed heritage building.  The proposed Section 37 benefits will include improvements to Northern District Library.

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

The North York Community Council recommends that:

1. City Council state its intention to designate the property at 2490-2506 Yonge Street under Part IV, Section 29 of the Ontario Heritage Act, in accordance with the Statement of Significance: 2490-2506 Yonge Street (Reasons for Designation) attached as Attachment 4 to the report (November 18, 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 City 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 City Council's decision on the designation of the property.

5. City Council approve the alterations to the heritage properties at 2490-2506 Yonge Street in accordance with Section 33 of the Ontario Heritage Act, to allow for the construction of a 14-storey building on the lands known municipally as 2490-2514 Yonge Street, with such alterations substantially in accordance with plans and drawings dated November 1, 2019, prepared by Turner Fleischer Architects, and on file with the Senior Manager, Heritage Preservation Services, Urban Design, City Planning, Urban Design, City Planning; and the Heritage Impact Assessment, prepared by GBCA Architects, October 31, 2019, and on file with the Senior Manager, Heritage Preservation Services, Urban Design, City Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Preservation Services, Urban Design, City Planning and subject to the following additional 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 2490-2506 Yonge Street in accordance with the plans and drawings dated November 1, 2019, prepared by Turner Fleischer Architects, and on file with the Senior Manager, Heritage Preservation Services, Urban Design, City Planning, the Heritage Impact Assessment prepared by GBCA Architects, October 31, 2019, and in accordance with the Conservation Plan required in Recommendation 6.a.2 below to the satisfaction of the Senior Manager, Heritage Preservation Services, Urban Design, City Planning including registration of such agreement to the satisfaction of the City Solicitor;

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 prepared by GBCA Architects, October 31, 2019, to the satisfaction of the Senior Manager, Heritage Preservation Services, Urban Design, City Planning;

b. that prior to final Site Plan approval for the proposed Zoning By-law Amendment by City Council for the property located at 2490-2506 Yonge Street the owner shall:

1. provide final site plan drawings substantially in accordance with the approved Conservation Plan required in Recommendation 5.a.2 to the satisfaction of the Senior Manager, Heritage Preservation Services, Urban Design, City Planning;

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 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, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services, Urban Design, City Planning;

4. submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Preservation Services, Urban Design, City Planning;

5. provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Preservation Services, Urban Design, City Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Preservation Services, Urban Design, City Planning;

c. that prior to the issuance of any permit for all or any part of the property 2490-2506 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 buildings as are acceptable to the Senior Manager, Heritage Preservation Services, Urban Design, City Planning, 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 5.a.2, 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, Urban Design, City Planning;

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, Urban Design, City Planning to secure all work included in the approved Conservation Plan, and approved Interpretation Plan.

d. that prior to the release of the Letter of Credit required in Recommendation 5.c.3, 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, Urban Design, City Planning;

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

6. City Council authorize the entering into of a heritage easement agreement under Section 37 of the Ontario Heritage Act with the owner of 2490-2506 Yonge Street in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning.

7. 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 2490-2506 Yonge Street.

This report recommends that City Council approve the proposed alterations to the heritage properties located within the proposed development site at 2490-2514 Yonge Street, that Council state its Intention to Designate the properties at 2490 Yonge Street (including entrance addresses 2492-2502 Yonge Street) and 2506 Yonge Street (including entrance addresses 2508-2510 Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act, and that Council grant authority to enter into a Heritage Easement Agreement for the subject properties. The property at 2490-2506 Yonge Street, the Capitol Theatre Building, was added to the City of Toronto's Heritage Register by City Council on November 9, 2016.

The application proposes to retain the eastern elevation of 2490-2506 Yonge Street along Yonge Street and a portion of the southern elevation of 2490-2506 Yonge Street along Castlefield Avenue. These elevations will be incorporated into a new, 14-storey mixed-use residential building encompassing 2490-2514 Yonge Street, 10-12 Castlefield Avenue and portions of 20 Castlefield Avenue and 567 Duplex Avenue.

This report recommends that City Council approve the proposed alterations to the heritage properties located within the proposed development site at 2490-2514 Yonge Street, that Council state its Intention to Designate the properties at 2490 Yonge Street (including entrance addresses 2492-2502 Yonge Street) and 2506 Yonge Street (including entrance addresses 25082510 Yonge Street) under Part IV, Section 29 of the Ontario Heritage Act, and that Council grant authority to enter into a Heritage Easement Agreement for the subject properties. The property at 2490-2506 Yonge Street, the Capitol Theatre Building, was added to the City of Toronto's Heritage Register by City Council on November 9, 2016.

The application proposes to retain the eastern elevation of 2490-2506 Yonge Street along Yonge Street and a portion of the southern elevation of 2490-2506 Yonge Street along Castlefield Avenue. These elevations will be incorporated into a new, 14-storey mixed-use residential building encompassing 2490-2514 Yonge Street, 10-12 Castlefield Avenue and portions of 20 Castlefield Avenue and 567 Duplex Avenue.

Scarborough Community Council recommends that:

1. City Council amend the Official Plan for the lands at 6175, 6183 Kingston Road and 1, 2, 4, 5, 7,10 and 11 Franklin Avenue substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 6 to the report dated February 25, 2020 from the Director, Community Planning, Scarborough District.

2. City Council amend Highland Creek Community Zoning By-law No. 10827, as amended, for the lands at 6175, 6183 Kingston Road and 1, 2, 4, 5, 7,10 and 11 Franklin Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 8 to the report dated February 25, 2020 from the Director, Community Planning, Scarborough District.

3. City Council amend City of Toronto Zoning By-law No. 569-2013, as amended, for the lands at 6175, 6183 Kingston Road and 1, 2, 4, 5, 7,10 and 11 Franklin Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to the report dated February 25, 2020 from the Director, Community Planning, Scarborough District.

4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft 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:

a. Submit a revised Site Servicing and Stormwater Management report which demonstrates the watermain has adequate pressure and flows to meet the domestic water and fire flow demand and that sanitary sewers have adequate capacity up to the trunk with the level of flow as per City Standards for the proposed development, to the satisfaction of the Chief Engineer and Executive Director of Engineering Construction Services; and  

b. Submit to the Chief Engineer and Executive Director of Engineering and Construction Services and Toronto Water for review and acceptance, a revised Hydrogeology Report and any associated letters Engineering and Construction Services may require.

6. That 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 in Attachment No. 12 to the report dated February 25, 2020 from the Director, Community Planning, Scarborough District, subject to:

a. the conditions as generally listed in Attachment 9 to the report dated February 25, 2020 from the Director, Community Planning, Scarborough District, which, except as otherwise noted, must be fulfilled prior 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 this development.

Scarborough Community Council held a statutory public meeting on March 12, 2020 and notice was given in accordance with the Planning Act.

This application proposes to amend the Official Plan and relevant Zoning by-laws to permit the construction of 44 new residential dwellings at 6175, 6183 Kingston Road and 1, 2, 4, 5, 7, 10 and 11 Franklin Avenue. The proposal would contain 8 detached, 20 semi-detached and 16 townhouse units. An associated application for draft plan of subdivision approval has been filed to facilitate the creation of new lots, blocks as well as a new public street.

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

This report reviews and recommends approval of the application to amend the Official Plan and Zoning By-laws. This report also advises that the Chief Planner may approve the Draft Plan of Subdivision. The land use proposed is compatible with adjacent land uses and adequately addresses applicable infill development criteria. The redevelopment appropriately fits within the area context and will result in no adverse impacts.

The Toronto and East York Community Council recommends that:

1. City Council amend the Official Plan and the Davenport Village Secondary Plan for the lands at 900 and 980 Lansdowne Avenue, the lands identified as PIN 213250433 and the lands at 30 Powerhouse Street substantially in accordance with the Draft Official Plan Amendment attached as Attachment 4 to the report (January 24, 2020) from the Director, Engineering Support Services, Engineering and Construction Services.

2. City Council amend former City of Toronto Zoning By-law No. 438-86 for the lands at 900 and 980 Lansdowne Avenue and the lands identified as PIN 213250433 substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 5 to the report (January 24, 2020) from the Director, Engineering Support Services, Engineering and Construction Services; with Attachment 5 amended by replacing Sections 1 and 2 in Schedule A with the following new Sections:

1.  Prior to the issuance of the first above grade building permit for any building within Phase 6, a cash contribution to be paid to the City to be allocated within Ward 9 Davenport, as follows:

a.   The owner shall pay to the City the sum of $1.2 million to be allocated towards the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to be directed to 640 Lansdowne Avenue, to the satisfaction of the Executive Director, Housing Secretariat and the Ward Councillor.

b.  The owner shall pay to the City the sum of $300,000 to be directed toward public art, parkland and/or streetscape improvements within the local area.

c.  The cash contributions referred to in Section 1.a. and b. above shall be indexed upwardly 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.

d.   In the event the cash contributions referred to in Section 1.a. and b. above have not been used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions 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 City of Toronto Official Plan and will benefit the community in the vicinity of the lands.

2.   In addition to the cash contribution in Section 1 above, prior to the issuance of the first above grade building permit for any building within Phase 6 the owner shall be required to fund, design and construct a splash pad addition at the Davenport Village Park, to a minimum value of $280,000 being the local park at 18 Foundry Avenue, in consultation with Parks, Forestry and Recreation staff and the Ward Councillor to the satisfaction of the General Manager, Parks, Forestry and Recreation as per the following:

a.   The splash pad is a local park improvement that would address the requirements of Section 1.1 of the Section 37 Agreement executed on August 14, 2006 and registered on July 19, 2007 as Instrument No. AT1511978 (the "2006 Section 37 Agreement"), wherein the owner is required to pay $200 per unit to the city indexed accordingly.

b.  The funds directed to the splash pad shall be considered a minimum, and the owner shall pay all additional costs required to design and construct the splash pad addition as required.  If the splash pad addition is provided for less than the indexed value described in Section 2.a. above, the difference shall be paid as a cash contribution to the City to be directed toward public art, parkland and/or streetscape improvements within the local vicinity.

c.  The owner shall be required to provide a Letter of Credit in the amount of $56,000.00 no later than the commencement of Park Construction for the splash pad addition.  This Letter of Credit will be released two years after substantial park completion as identified by the General Manager, Parks, Forestry and Recreation, provided that all deficiencies have been rectified to the satisfaction of the General Manager, Parks, Forestry and Recreation.

d.  The owner must obtain a Park Access Agreement (PAA) from Parks, Forestry and Recreation's Park Supervisor for that Ward. The Park Access Agreement will outline in detail the insurance requirements, extent of area permitted, permitted use, tree removal and replacement, and duration to the satisfaction of the General Manager, Parks, Forestry and Recreation.

e.  The owner will indemnify the City against any claim during any interim use of or work carried out by the applicant on the park.

f.   In the event the splash pad is not constructed in accordance with the requirements in Section 2 above, the owner shall provide a cash contribution in accordance with Section 2.a. above which if not used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions 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 City of Toronto Official Plan and will benefit the community in the vicinity of the lands.

3. City Council amend City-wide Zoning By-law No. 569-2013 for the lands at 900 and 980 Lansdowne Avenue and the lands identified as PIN 213250433 substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 6 to this report (January 24, 2020) from the Director, Engineering Support Services, Engineering and Construction Services; with Attachment 6 amended by replacing Sections 1 and 2 in Schedule A with the following new Sections:

1.  Prior to the issuance of the first above grade building permit for any building within Phase 6, a cash contribution to be paid to the City to be allocated within Ward 9 Davenport, as follows:

a.   The owner shall pay to the City the sum of $1.2 million to be allocated towards the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to be directed to 640 Lansdowne Avenue, to the satisfaction of the Executive Director, Housing Secretariat and the Ward Councillor.

b.  The owner shall pay to the City the sum of $300,000 to be directed toward public art, parkland and/or streetscape improvements within the local area.

c.  The cash contributions referred to in Section 1 a. and b. above shall be indexed upwardly 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.

d.   In the event the cash contributions referred to in Section 1 a. and b. above have not been used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions 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 City of Toronto Official Plan and will benefit the community in the vicinity of the lands.

2.   In addition to the cash contribution in Section 1 above, prior to the issuance of the first above grade building permit for any building within Phase 6 the owner shall be required to fund, design and construct a splash pad addition at the Davenport Village Park, to a minimum value of $280,000 being the local park at 18 Foundry Avenue, in consultation with Parks, Forestry and Recreation staff and the Ward Councillor to the satisfaction of the General Manager, Parks, Forestry and Recreation as per the following:

a.   The splash pad is a local park improvement that would address the requirements of Section 1.1 of the Section 37 Agreement executed on August 14, 2006 and registered on July 19, 2007 as Instrument No. AT1511978 (the "2006 Section 37 Agreement"), wherein the owner is required to pay $200 per unit to the city indexed accordingly.

b.  The funds directed to the splash pad shall be considered a minimum, and the owner shall pay all additional costs required to design and construct the splash pad addition as required.  If the splash pad addition is provided for less than the indexed value described in Section 2 a. above, the difference shall be paid as a cash contribution to the City to be directed toward public art, parkland and/or streetscape improvements within the local vicinity.

c.  The owner shall be required to provide a Letter of Credit in the amount of $56,000.00 no later than the commencement of Park Construction for the splash pad addition.  This Letter of Credit will be released two years after substantial park completion as identified by the General Manager, Parks, Forestry and Recreation, provided that all deficiencies have been rectified to the satisfaction of the General Manager, Parks, Forestry and Recreation.

d.  The owner must obtain a Park Access Agreement (PAA) from Parks, Forestry and Recreation's Park Supervisor for that Ward. The Park Access Agreement will outline in detail the insurance requirements, extent of area permitted, permitted use, tree removal and replacement, and duration to the satisfaction of the General Manager, Parks, Forestry and Recreation.

e.  The owner will indemnify the City against any claim during any interim use of or work carried out by the applicant on the park.

f.   In the event the splash pad is not constructed in accordance with the requirements in Section 2 above, the owner shall provide a cash contribution in accordance with Section 2 a. above which if not used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions 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 City of Toronto Official Plan and will benefit the community in the vicinity of the lands.

4. City Council amend former City of Toronto Zoning By-law No. 438-86 for the lands at 30 Powerhouse Street substantially in accordance with the Draft Zoning By-law Amendment attached as Attachment 7 to the report (January 24, 2020) from the Director, Engineering Support Services, Engineering and Construction Services.

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

6. Before introducing the necessary Bill to City Council for enactment to amend former City of Toronto Zoning By-law No. 438-86 for the lands at 30 Powerhouse Street, City Council require that a Site Plan Control application for this property be submitted and be reviewed by staff to the satisfaction of the Chief Planner and Executive Director, City Planning.

7. Before introducing the necessary Bill to City Council for enactment to amend former City of Toronto Zoning By-law No. 438-86 for the lands at 30 Powerhouse Street, City Council require the owner to enter into an Agreement as a legal convenience pursuant to Section 37 of the Planning Act as follows:

a. Through the Site Plan review process, the owner shall agree to provide access to all off site bicycle and vehicular parking spaces to address the parking requirements for Building '15' in the adjacent below grade parking structure.  The owner shall provide access keys and warning clauses in the purchase and sale agreements or tenancy agreements to future purchasers and/or tenants of Building '15' who are allocated the six parking spaces located off-site in the separate underground parking area, to be secured in the Site Plan Agreement to the satisfaction of the General Manager, Transportation Services.

b. Through the Site Plan review process, the owner shall agree to erect signs requested by the Toronto Lands Corporation and include the requirements of Toronto Lands Corporation and the Toronto Catholic District School Board to include warning clauses in the tenancy agreements and/or purchase and sale agreements to be secured in the Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning.

c. The owner shall agree to submit with the next re-submission of the Site Plan Control application updated Noise and Vibration Studies as requested by Metrolinx, have these studies peer reviewed, undertake any revisions if necessary and have those revisions peer reviewed and to address matters identified by the City's peer reviewer at the owner's expense.  The owner shall also agree that the mitigation measures and conditions required by Metrolinx and Canadian Pacific Railway (CPR) be secured in the Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning, Metrolinx and Canadian Pacific Railway.

8. Before introducing the necessary Bills to City Council for enactment to amend former City of Toronto Zoning By-law No. 438-86 and City-wide Zoning By-law No. 569-2013 for the lands at 900 and 980 Lansdowne Avenue, City Council require the owner to enter into and register on title one or more Agreement(s) pursuant to Section 37 of the Planning Act at the owner's sole expense for the purpose of securing community benefits to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor as follows:

a.    Prior to the issuance of the first above grade building permit for any building within Phase 6 a cash contribution is to be paid to the City to be allocated within Ward 9 Davenport, generally as follows:

i.  The owner shall pay to the City the sum of $1.2 million to be allocated towards the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to be directed to 640 Lansdowne Avenue, to the satisfaction of the Executive Director, Housing Secretariat and the Ward Councillor.

ii.  The owner shall pay to the City the sum of $300,000 to be directed toward public art, parkland and/or streetscape improvements within the local area.

iii. The cash contributions referred to in 8.a.i. and ii. above shall be indexed upwardly 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.

iv. In the event the cash contributions referred to in 8 a) i) and ii) above have not been used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions 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 City of Toronto Official Plan and will benefit the community in the vicinity of the lands.

b.   In addition to the cash contribution in Recommendation 8.a. above, prior to the issuance of the first above grade building permit for any building within Phase 6 the owner shall be required to fund, design and construct a splash pad addition at the Davenport Village Park, to a minimum value of $280,000 being the local park at 18 Foundry Avenue, in consultation with Parks, Forestry and Recreation staff and the Ward Councillor to the satisfaction of the General Manager, Parks, Forestry and Recreation. as per the following:

i.  The splash pad is a local park improvement that would address the requirements of Section 1.1 of the Section 37 Agreement executed on August 14, 2006 and registered on July 19, 2007 as Instrument No. AT1511978 (the "2006 Section 37 Agreement"), wherein the owner is required to pay $200 per unit to the city indexed accordingly.

ii.  The funds directed to the splash pad shall be considered a minimum, and the owner shall pay all additional costs required to design and construct the splash pad addition as required.  If the splash pad addition is provided for less than the indexed value described in Recommendation 8.b.I. above, the difference shall be paid as a cash contribution to the City to be directed toward public art, parkland and/or streetscape improvements within the local vicinity.

iii.  The owner shall be required to provide a Letter of Credit in the amount of $56,000.00 no later than the commencement of Park Construction for the splash pad addition.  This Letter of Credit will be released two years after substantial park completion as identified by the General Manager, Parks, Forestry and Recreation, provided that all deficiencies have been rectified to the satisfaction of the General Manager, Parks, Forestry and Recreation.

iv.  The owner must obtain a Park Access Agreement (PAA) from Parks, Forestry and Recreation's Park Supervisor for that Ward. The Park Access Agreement will outline in detail the insurance requirements, extent of area permitted, permitted use, tree removal and replacement, and duration to the satisfaction of the General Manager, Parks, Forestry and Recreation.

v.  The owner will indemnify the City against any claim during any interim use of or work carried out by the applicant on the park.

vi.  In the event the splash pad is not constructed in accordance with the requirements in Recommendation 8.b. above, the owner shall provide a cash contribution in accordance with 8b) i) which if not used for the intended purposes within three (3) years of the Bylaw coming into full force and effect, the cash contributions 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 City of Toronto Official Plan and will benefit the community in the vicinity of the lands.

c. The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support development, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor:

i. The owner shall agree to develop a Tenant Access Plan in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning, to ensure each phase and/or building within the phase is marketed initially to the local community to provide opportunities for local residents to move into the development.

ii. The owner shall agree to enter into a financially secured agreement with the City that contains the following improvements/requirements:

a. The owner shall make any traffic control signal timing adjustments at signalized intersections in the immediate area to improve the overall level-of-service in accordance with the Traffic Impact and Operations Study by GHD dated November 1, 2018 as amended, at no cost to the City of Toronto to the satisfaction of General Manager, Transportation Services.

b. The owner shall design and install at no cost to the City traffic control signals at the intersection of Lansdowne Avenue and Brandon Avenue in the ultimate road location and shall provide detailed engineering design drawings for the traffic control signals, including any associated pavement marking and signage information, and the associated road works to the satisfaction of the General Manager, Transportation Services.  The owner also agrees that the cost for the physical road widening on the south side of Brandon Avenue west of Lansdowne Avenue, and property conveyances to accommodate this widening, shall be undertaken to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services.

c. The owner shall conduct an environmental site assessment for lands to be conveyed to the City in accordance with terms and conditions as set out by the City of Toronto, including providing payment for a peer reviewer and submission of a Record of Site Condition (RSC) at no cost to the City and all to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services.

d. Prior to the issuance of the first above-grade permit for any building in Phase 6, the owner shall construct a new four-way intersection, consisting of Foundry Road, Brandon Avenue, the existing Phase 4 driveway and the proposed Phase 6 driveway, all four legs of which shall be stop-controlled, complete with the installation of all-way 'stop' signage with 'all-way' tabs, all of which is to be undertaken at no cost to the City, and to the satisfaction of General Manager, Transportation Services.

e. The owner shall provide space within the development for the construction of any transformer vaults, Hydro and Bell maintenance holes and sewer maintenance holes required in connection with the development.

iii. Through the Site Plan review process, the owner shall agree to convey the lands required for the relocated bus shelter on Lansdowne Avenue, construct the new level brush concrete platform, install the new bus shelter, provide noise attenuation for the units immediately adjacent to the future bus shelter, and provide warning clauses in the purchase and sale agreements or tenancy agreements to future purchasers and/or tenants of the units immediately adjacent to the future bus shelter to warn of the potential for noise from bus operations, all at no cost to the City, to be secured in the Site Plan Agreement, to the satisfaction of the Toronto Transit Commission and the General Manager, Transportation Services.

iv. Through the Site Plan review process, for any building in Phase 6, the owner shall provide to the City for nominal consideration Privately Owned Publicly Accessible Open Space (POPS) easements for the on-site POPS of approximately 3,963 m2 located on the south and west perimeter of the Phase 6 lands, for public access and provisions for rights of support if necessary, encumbrances and insurance and indemnification of the City by the owner, to the satisfaction of the Director, Real Estate Services, the Chief Planner and Executive Director, City Planning and the City Solicitor in consultation with the Ward Councillor.  The owner shall own, operate, maintain and repair the POPS and install signage in a location to be determined through the Site Plan review process, at its own expense, stating that members of the public shall be entitled to the use of the POPS at any time, 365 days a year. The final design and program of the POPS will be determined through the site plan review process and secured in a Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning.

v. Through the Site Plan review process, the owner shall agree to install and maintain children's play structures for youth ages 2.5 to 5 years and 5 to 12 years within the outdoor amenity area between Buildings A, B, D and E, and identified as "Play Area" on the site plan, and that the "Play Area" be expanded, if necessary, to accommodate sufficiently sized equipment, to be secured in the Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning.

vi. Through the Site Plan review process, the owner shall agree to erect signs requested by the Toronto Lands Corporation (TLC) and include the requirements of TLC and the Toronto Catholic District School Board to include warning clauses in the tenancy agreements and/or purchase and sale agreements to be secured in the Site Plan Agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning.

vii. The owner shall agree to submit with the next re-submission of the Site Plan Control application updated Noise and Vibration Studies as requested by Metrolinx, have these studies peer reviewed, undertake any revisions if necessary and have those revisions peer reviewed and to address matters identified by the City's peer reviewer at the owner's expense.  The owner shall also agree that the mitigation measures and conditions required by Metrolinx and Canadian Pacific Railway (CPR) be secured in the Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning, Metrolinx and Canadian Pacific Railway.

viii. The owner shall agree to submit building design drawing details to verify that the crash wall structure will be structurally isolated from the residential towers to the satisfaction of the City and the City's rail safety peer reviewer as part of the site plan review process and the owner shall agree to pay for the peer review of the drawings.  The owner shall also agree to consult with Metrolinx (and their technical advisor) and the Canadian Pacific Railway (and their technical advisor) regarding the rail safety study submitted and the owner shall agree to Metrolinx and CPR requirements, conditions and mitigation to be secured in the Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning, Metrolinx and the Canadian Pacific Railway. 

ix. The owner shall agree to address and incorporate Metrolinx's requirements addressing construction measures, warning clauses and other rail safety requirements, as noted in the Metrolinx letter dated December 9th, 2019, during the site plan review process to the satisfaction of the Chief Planner and Executive Director, City Planning and Metrolinx.

x. The owner shall agree to address the Canadian Pacific Railway requirements related to the property line fence, drainage and dewatering, and to include warning clauses in the tenancy agreements and/or purchase and sale agreements to advise of the existence of the railway and their operations and that, regardless of attenuating noise and vibration measures, the railway would not be responsible for complaints or claims arising from the use of its facilities and/or operations all to be secured in the Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director, City Planning and Canadian Pacific Railway.

xi. The owner shall agree to construct and maintain the development in accordance with the 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 Management 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 Management Committee, and as may be further amended by City Council from time to time. 

The Toronto and East York Community Council held a statutory public meeting on March 12, 2020 and notice was given in accordance with the Planning Act.

This application proposes to amend the Official Plan, the Davenport Village Secondary Plan, the former City of Toronto Zoning By-law No. 438-86 and City-wide Zoning By-law No. 569-2013 to permit the construction of two tall residential apartment buildings, one mid-rise building, two blocks of stacked townhouses and a stand-alone daycare building on Phase 6 of the Davenport Village Secondary Plan area, municipally known as 900 and 980 Lansdowne Avenue.  These buildings would include 960 new purpose built rental units. The proposed Zoning By-law Amendments would also allow for the change of use of existing Building '15' (municipally known as 30 Powerhouse Street) into a mixed residential and commercial building with the flexibility to provide up to 35 residential units with small scale retail space at grade, or to provide a combination of retail space at grade, office uses on floors 1 through 4 and up to 8 residential units on floors 5 and 6. Lastly, the proposed Official Plan and Zoning By-law Amendments would redesignate and rezone lands owned by Metrolinx and identified as PIN 213250433 to Utility Corridor and U and UT respectively, and to adjust the boundary of the Davenport Village Secondary Plan to exclude these lands from Phase 6.

The proposed development is consistent with the Provincial Policy Statement (2014) and conforms with the Growth Plan for the Greater Golden Horseshoe (2019).  The proposed development is appropriate for the Davenport Village Area and largely conforms to the City of Toronto Official Plan, the Davenport Village Secondary Plan and the City's Urban Design Guidelines.  The proposed development is the final phase of development in the Davenport Village Secondary Plan and fits within the existing and planned context of this Secondary Plan area.

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

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86, for the lands at 2 Bloor Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District, with Attachment 6 amended as follows: 

Under 2. i. replace "H 175 metres" with "H 170 metres";

Under 2. i. replace "H 216 metres" with "H 211 metres";

Revise Map 2 as follows:

Reduce Tower A height from 175.0 metres to 170.0 metres;

Tower A mechanical penthouse, located above a height of 162 metres, will be setback a minimum of 12.0 metres from the west property line;

Reduce Tower B height from 216.0 metres to 211.0 metres;

Tower B mechanical penthouse, located above a height of 203 metres, will be setback a minimum of 6.0 metres from the west side of Tower B.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 2 Bloor Street West substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 7 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District, with Attachment 7 amended as follows: 

Under 8. G. replace "HT 175 metres" with "HT 170 metres";

Under 8. G. replace "HT 216 metres" with "HT 211 metres";

Revise Diagram 7 as follows:

Reduce Tower A height from 175.0 metres to 170.0 metres;

Tower A mechanical penthouse, located above a height of 162 metres, will be setback a minimum of 12.0 metres from the west property line;

Reduce Tower B height from 216.0 metres to 211.0 metres;

Tower B mechanical penthouse, located above a height of 203 metres, will be setback a minimum of 6.0 metres from the west side of Tower B.

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

4. City Council is amending the zoning by-laws as set out in these recommendations in its capacity as planning approval authority for the proposed development, without prejudice to any of the City's rights as owner and landlord of the lower strata parcel. The ground lease is administered and managed by the Deputy City Manager, Corporate Services, and the applicant is required to comply with all of the terms of the ground lease, including but not limited to submitting plans for review and approval by the Deputy City Manager, Corporate Services and the General Manager, Toronto Transit Commission, prior to any construction on the lower strata parcel.

5. Before introducing the necessary Bills to Council for enactment, City Council direct that the owner be required to enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such Agreement to be registered on title to the lands at 2 Bloor Street West in a manner satisfactory to the City Solicitor to secure the following community benefits at the owner's expense, including:

a. a total financial contribution of $20,000,000.00, whereas City Council recognizes that $500,000.00 has been already been paid to the City into the Planning Act Reserve Account, and the remaining financial contribution in the amount of $19,500,000.00 shall be payable to the City prior to issuance of the first above-grade building permit, with such remaining financial contribution amount to be indexed upwardly in accordance with Statistics Canada Residential Building or Non-Residential Building Construction Price Index, as the case may be, for the Toronto Census Metropolitan Area, reported by Statistics Canada in the Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Section 37 Agreement to the date of payment and; the funds shall be directed as follows:

i. $4,000,000.00 directed towards new and/or capital improvements to existing Affordable Housing in the vicinity of the site;

ii. $500,000.00 directed towards streetscape improvements in the vicinity of the site;

iii. the $500,000.00 already paid to the City through previous permissions, forming part of the total contribution shall continue to be directed towards the provision of streetscaping and landscaping improvements to Bloor Street West and Bloor Street East in the vicinity of the lot described in this By-law; and

iv. $15,000,000.00 directed towards community facilities and parks within the vicinity of the site.

b.  in the event the cash contribution referred to in Recommendation 5 a. above has not been used for the intended purpose within three (3) years of the implementing Zoning By-law Amendment 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 purposes are identified in Toronto's Official Plan and will benefit the local community;

c. the following matters are also recommended to be secured in the Section 37 Agreement as matters required to support the development of the site:

i. the publicly accessible open space of not less than 125 square metres fronting onto Yonge Street, as generally shown on Attachment 8 to the report (February 25, 2020, from the Director, Community Planning, Toronto and East York District). The applicant shall operate, maintain and repair the open space and install and maintain a sign, at its own expense, stating that members of the public shall be entitled to use the open space at all times of the day and night, 365 days of the year; and the specific location, configuration and design of the open space shall be determined in the context of a site plan approval pursuant to Section 114 of the City of Toronto Act, 2006, and secured in a Site Plan Agreement with the City, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

ii.  a Phasing Plan for the development in a form and content satisfactory and acceptable to the Chief Planner and Executive Director, City Planning in consultation with the General Manager, Transportation Services; General Manager, Parks, Forestry and Recreation; Chief Engineer and Executive Director, Engineering and Construction Services; the Toronto Transit Commission; Director, Real Estate Services and the City Solicitor which will be provided in a satisfactory and acceptable manner to the City prior to Site Plan Approval;

iii. a Functional Servicing and Stormwater Management Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and payment for and construction of any necessary improvements to the municipal infrastructure in connection with the site servicing assessment, should it be determined that upgrades are required to the infrastructure to support the development;

iv. provision and maintenance of a continuous publicly-accessible pedestrian connection from Bay Street, at grade, to the concourse level of the Tower 'A', and connecting to the TTC subway station entrance access below Bay Street;

v. maintenance by the applicant and at the applicant's expense of the existing below grade, publicly accessible pedestrian connection beneath Cumberland Street to the concourse level of the building permitted by this By-law together with the construction, provision and maintenance of a publicly accessible concourse-level corridor between such connection and the Bay subway station;

vi. prior to the earlier of condominium registration and the first residential use of Tower 'C' the construction, provision and maintenance of a continuous publicly-accessible pedestrian connection from Cumberland Street, at grade, to the concourse level of the existing building on Parcel B (as shown on Diagram 1 of Attachment 7) of the report  (February 25, 2020, from the Director, Community Planning, Toronto and East York District) and connecting to the below-grade pedestrian connection located below Yonge Street leading to the Bloor-Yonge subway station;

vii. provision and maintenance of streetscape improvements adjacent to the lot;

viii. prior to Site Plan Approval for each phase of the development, a Pedestrian Level Wind Study, including wind tunnel analysis report, to the satisfaction of the Chief Planner and Executive Director, City Planning, which identifies recommendations for the pedestrian realm and the outdoor areas of the base buildings to mitigate wind impacts year-round, and the owner will implement and maintain in support of the development all recommended mitigation measures to the satisfaction of the Chief Planner and Executive Director, City Planning;

ix. prior to the issuance of Site Plan Approval, a Construction Management Plan and Neighbourhood Communication Strategy to the satisfaction of the Chief Planner and Executive Director, City Planning in consultation with the Executive Director, Engineering and Construction Services and the ward Councillor;

x. warning clauses, to be inserted in all offers to purchase, agreements of purchase and sale or agreements to lease, and condominium declaration documents for each south-facing unit within Towers 'A' and 'B' (shown on Attachment 8), to advise of the legal possibility that office or residential buildings may be erected on the lands south of the public lane which runs along the south property line of the site, with undetermined height and massing;

xi. prior to the earlier of condominium registration and the first residential use of Tower 'C' (shown on Attachment 8), relocation by the applicant of the existing public art currently located on the Yonge Street frontage to the new publicly accessible open space required in Recommendation 5.c.i above, and maintenance by the applicant of the public art, to the satisfaction of the Chief Planner and Executive Director, City Planning;

xii. a minimum 4.0 metre wide publicly-accessible pedestrian walkway, inclusive of structural support columns and a minimum 2.1 metre pedestrian clearway, on the south side of Cumberland Street, forming part of the colonnade for the base building of Towers 'A' and 'B';

xiii. construction and maintenance by the applicant of the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard, and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate through the Site Plan Approval process;

xiv. amendment to the existing ground lease for the site and related ancillary documents to decrease and surrender the leased lands for the purpose of parkland dedication as it relates to this application only, shall not result in any form of rent reduction or any negative financial implication or loss to the City, and shall be on terms approved by the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor; and

xv. prior to Site Plan Approval for each phase of the development, the owner shall submit a Shadow Study, to the satisfaction of the Chief Planner and Executive Director, City Planning, showing no net-new shadow on Jesse Ketchum Park from 10:18 a.m. to 4:18 p.m. during the spring and fall equinox.

6. City Council require that the conditions related to the conveyance of the required parkland dedication having an area of 1,458.6 square metres be satisfied prior to the issuance of the first above grade building permit for the lands, and for greater certainty, the conditions include the partial release of the leasehold interest on the City-owned lands identified for park purposes and conveyance of the strata lands above the lands identified for park purposes, including any required environmental and structural works, all satisfactory to the General Manager, Parks, Forestry and Recreation, the Director, Real Estate Services and the City Solicitor.

7. City Council direct the City Solicitor to secure such matters as outlined in the memorandum from Parks, Forestry and Recreation dated February 24, 2020, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

8. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation. The development charge credit shall be in an amount that is the lesser of the cost to the owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Park, 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.

9. City Council direct that Toronto Transit Commission below-grade pedestrian connection in Recommendation 5.c.iv. and 5.c.vi above shall also be subject to the following:

 a. the applicant will complete the Toronto Transit Commission pedestrian connection, at the sole cost and expense of the owner, and at no cost to the City or the Toronto Transit Commission, and a public access easement, or license as applicable, shall be provided to the City concurrently to provide access through the interior of any buildings as may be required to the Toronto Transit Commission pedestrian connection to Bay Subway Station and Bloor/Yonge Subway Station in a manner and form satisfactory to the Director, Real Estate Services, the Toronto Transit Commission, and the City Solicitor.

10. City Council determine that the revisions to be reflected in the proposed Zoning By-law Amendments appended as Attachments 6 and 7 to the Final Report (February 25, 2020) from the Director, Community Planning, Toronto and East York District are minor in nature and pursuant to Section 34 of the Planning Act, no further public notice is required in respect of the proposed Zoning By-law Amendments.

The Toronto and East York Community Council held a statutory public meeting on March 12, 2020 and notice was given in accordance with the Planning Act.

This application proposes to amend the Zoning By-law to permit a mixed-use development with three towers and a new public park. The site consists of two development parcels divided by a new 1,458 square metre public park fronting on Cumberland Street. The west development parcel will be occupied by two towers, 47 and 61-storeys (Towers 'A' and 'B' respectively), connected by a 9-storey base building. The east development parcel will be occupied by a 75-storey tower (Tower 'C') with a base building ranging from 1 to 3 storeys, and a new 125 square metre publicly-accessible open space on Yonge Street.

A total of 1,595 residential units, 13,754 square metres of non-residential floor area, and 256 vehicle parking spaces are proposed.

The proposed development is consistent with the Provincial Policy Statement (2014), conforms with the Growth Plan for the Greater Golden Horseshoe (2019), conforms with all relevant policies of the Official Plan and Site and Area Specific Policies 211 and 225, and is consistent with the Bloor-Yorkville/North Midtown Urban Design Guidelines, Tall Building Guidelines, and Yorkville East of Bay Planning Framework.

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

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86 for the lands at 202-208 St. Clair Avenue West and 2-6 Forest Hill Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 202-208 St. Clair Avenue West and 2-6 Forest Hill Road substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (February 25, 2020) 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. City Council approve the Rental Housing Demolition application in accordance with Chapter 667 of the Toronto Municipal Code to allow for the demolition of five (5) existing rental dwelling units located at 204, 206, and 208 St. Clair Avenue West, subject to the owner shall provide tenant relocation assistance to eligible tenants, to the satisfaction of the Chief Planner and Executive Director, City Planning.

5. 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 the five (5) existing rental dwelling units at 204, 206, and 208 St. Clair Avenue West after all of the following have occurred:

a. Satisfaction or securing of the condition in Recommendation 4 above;

b. The Zoning By-law Amendments have 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;

e. The execution and registration of an agreement pursuant to Section 37 of the Planning Act securing Recommendation 4 above and any other requirements of the Zoning By-law Amendment; and

f. Confirmation that all existing rental dwelling units are vacant.

6. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Section 111 permit under Chapter 667 of the Toronto Municipal Code after the Chief Planner and Executive Director, City Planning has given Preliminary Approval referred to in Recommendation 5 above.

7. City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Residential Demolition Permit under Section 33 of the Planning Act for the residential buildings located at 202-208 St. Clair Avenue West and 2-6 Forest Hill Road 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 issued the Preliminary Approval referred to in Recommendation 5, which may be included in the demolition permit for Chapter 667 under 363-6.2 of the Toronto Municipal Code, on condition that:

a. The owner erects a residential building on the lands no later than three (3) years from the day that the demolition of the existing residential buildings commences; and

b. Should the owner fail to complete construction of the new residential building within the timeframe specified in recommendation 7.a. above, the City Clerk shall be entitled to enter on the collector's roll an amount equal to the sum of twenty thousand dollars ($20,000.00) per demolished dwelling unit, to be collected in the same manner as municipal property taxes, and that such amount shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

8. Before introducing the necessary Bills to City Council for enactment, require the owner enter into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreement(s), as follows:

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

i. A cash contribution in the amount of $2,000,000 payable to the City prior to the issuance of the first above-grade building permit, with such amount to be indexed upwardly with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of execution of the Agreement to the date of payment;

ii. The cash contribution shall be allocated towards capital community services and facilities in the vicinity of the lands to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor; and

iii. In the event the cash contribution above has not been used for its intended purpose within three (3) years of the by-law coming into full force and effect, the cash contribution may be redirected for another purpose(s), 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 Official Plan and will benefit the community in the vicinity of the property.

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

i. An acceptable tenant relocation and assistance plan to mitigate hardship from the proposed development on eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning; and,

ii. The owner construct and maintain the development of the Site in accordance with Tier 1 performance measures of the Toronto Green Standard and the owner will be encouraged to achieve Toronto Green Standard, Tier 2 or higher, where appropriate.

9. City Council authorize the appropriate City officials to take such actions as are necessary to implement City Council's decision, including execution of the Section 111 Agreement, Section 37 Agreement, and any other necessary agreement(s).

The Toronto and East York Community Council held a statutory public meeting on March 12, 2020 and notice was given in accordance with the Planning Act.

This application proposes to amend Zoning By-laws 438-86 and 569-2013 to permit the redevelopment of the subject lands for a nine-storey (30.6 metre + 5.0 metre mechanical penthouse) residential building containing 94 residential units. The proposed residential building incorporates 449 square metres of indoor amenity space, 138 square metres of outdoor amenity space, and three levels of underground parking with 167 vehicular parking spaces and 95 bicycle parking spaces. The total gross floor area (GFA) of the proposed building is 13,750 square metres, resulting in a floor space index (FSI) of 4.65 times the area of the lot.

A Rental Housing Demolition Application has been submitted under Section 111 of the City of Toronto Act (Chapter 667 of the Toronto Municipal Code) to demolish seven existing dwelling units, five of which were last used for residential rental purposes, located within the buildings at 204, 206, and 208 St. Clair Avenue West and 2 and 6 Forest Hill Drive.

The 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).

This report reviews and recommends approval of the application to amend the By-law Amendment as well as the Rental Housing Demolition application, subject to conditions. Replacement of the five existing rental dwelling units is not required since the property contains fewer than six rental units.

The Toronto and East York Community Council recommends that:

1. City Council amend Zoning By-law 438-86 for the lands at 573 King Street East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 5 to the report (February 25, 2020) from the Director, Community Planning, Toronto and East York District.

2. City Council amend City of Toronto Zoning By-law 569-2013 for the lands at 573 King Street East substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (February 25, 2020) 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 Amendments as may be required.

The Toronto and East York Community Council commenced a statutory public meeting on March 12, 2020 and notice was given in accordance with the Planning Act.

This application proposes to amend the former City of Toronto Zoning By-law 438-86, as amended, and Zoning By-law 569-2013, as amended, for the property at 573 King Street East to permit a greater range of uses, including an 'eating establishment' within the existing building. No physical alterations to the exterior of the building are proposed and the existing parking and loading arrangements will be maintained

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. The proposed Zoning By-law amendments bring the zoning permissions for the site into conformity with the Mixed Use Official Plan land use designation and facilitate the ongoing operation of the existing restaurant.

The Toronto and East York Community Council recommends that:

1. City Council enact a Part Lot Control Exemption By-law with respect to the subject lands at 26 Ernest Avenue as generally illustrated on Attachment 2 to the report (February 20, 2020) from the Director, Community Planning, Toronto and East York District, to be prepared to the satisfaction of the City Solicitor and to expire two years following enactment by City Council.

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

3. Prior to the introduction of the Part Lot Control Exemption By-law, City Council require the owner to register, to the satisfaction of the City Solicitor, a Section 118 Restriction under the Land Titles Act agreeing not to transfer or charge any part of the subject lands without the written consent of the Chief Planner and Executive Director, City Planning or his / her designate.

4. City Council authorize the City Solicitor to take the necessary steps to release the Section 118 Restriction from title to the Parcels of Tied Land at such time as confirmation is received that the Common Elements Condominium has been registered.

5. City Council authorize and direct the City Solicitor to register the Part Lot Control Exemption By-law on title.

6. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Part Lot Control Exemption By-law as may be required.

The Part Lot Control Exemption application proposes to create the conveyable lots for 79 townhouses at 26 Ernest Avenue which will become Parcels of Tied Land (POTLs) to a Common Elements Condominium which will provide shared access and servicing for the townhouses. A Common Elements Condominium application will be considered by Toronto and East York Community Council at a future meeting. The lifting of the Part Lot Control for a period of two years is considered appropriate for the orderly development of these lands.

The Common Elements Condominium application proposes to establish the drive aisle for the 79 townhouse units. The Common Elements Condominium will ensure shared ownership and maintenance of the common elements by the condominium corporation.

This report reviews and recommends approval of the Part Lot Control Exemption application. This report also recommends that the owner register a Section 118 Restriction under the Land Titles Act agreeing not to convey or mortgage any part of the lands without prior consent of the Chief Planner and Executive Director, City Planning or his / her designate.

The Toronto and East York Community Council recommends that:  

1. City Council amend its decision on Item CC10.9, adopted by City Council on October 2, and 3, 2019, by withdrawing the Intention to Designate for the property located at 5 St. Nicholas Street under Part IV, Section 29 of the Ontario Heritage Act.

2. City Council direct the City Clerk to serve a notice of withdrawal of the intention to designate on the owner of 5 St. Nicholas Street and the Trust, and to cause the notice to be posted on the City's website in accordance with Chapter 162 of the Municipal Code.

This report recommends that City Council withdraw its Intention to Designate under the Ontario Heritage Act for the property located at 5 St. Nicholas Street.

Board Recommendations
The Toronto Preservation Board recommends to the Toronto and East York Community Council that:

1. City Council amend its decision on Item CC10.9, adopted by City Council on October 2, and 3, 2019, by withdrawing the Intention to Designate for the property located at 5 St. Nicholas Street under Part IV, Section 29 of the Ontario Heritage Act.

2. City Council direct the City Clerk to serve a notice of withdrawal of the intention to designate on the owner of 5 St. Nicholas Street and the Trust, and to cause the notice to be posted on the City's website in accordance with Chapter 162 of the Municipal Code.

Origin
(February 6, 2020) Report from the Senior Manager, Heritage Preservation Services, Urban Design, City Planning

Summary
This report recommends that City Council withdraw its Intention to Designate under the Ontario Heritage Act for the property located at 5 St. Nicholas Street.

Background Information
(February 6, 2020) Report and Attachments 1 - 4 from the Senior Manager, Heritage Preservation Services, Urban Design, City Planning - 5 St. Nicholas Street - Demolition of a Heritage Property Subject to an Intention to Designate under Part IV of the Ontario Heritage Act
(http://www.toronto.ca/legdocs/mmis/2020/pb/bgrd/backgroundfile-146247.pdf)

Speakers
Christopher Borgal

The Toronto and East York Community Council recommends that:

1. City Council classify the lands at 1165 O'Connor Drive as a Class 4 Noise Area pursuant the Ministry of Environment (now Ministry of Environment, Conservation and Parks) Environmental Noise Guideline - Stationary and Transportation Sources - Approval and Planning Publication NPC-300, August 2013.

This report provides information on a 4-storey stacked, back-to-back townhouse development at 1165 O'Connor Drive and recommends City Council classify the subject lands as a Class 4 Noise Area pursuant to Publication NPC-300 - Ministry of Environment and Climate Change Environmental Noise.

The Toronto and East York Community Council recommends that:

1. City Council authorize the installation of traffic control signals at the intersection of Dundas Street West and College Street.

2. City Council authorize the closure to vehicular traffic of St. Helen's Avenue between College Street [North] and College Street, as shown in Attachment 1 of the report (February 25, 2020) from the Director, Project Design and Management, Transportation Services.

3. City Council authorize the amendments to traffic and parking regulations set out in Attachment 2 of the report  (February 25, 2020) from the Director, Project Design and Management, Transportation Services.

4. City Council authorize and direct the appropriate City Officials to take the necessary action to give effect to the recommendations above, including the introduction of any Bills that may be required.

As part of the overall state-of-good-repair program, the College Street and Dundas Street West intersection has been programmed for reconstruction in 2020, including the replacement of Toronto Transit Commission (TTC) streetcar track in this area.

The reconstruction project presents an opportunity to make other changes as part of a complete streets approach to improve the intersection for all road users with a focus on vulnerable road user safety.

The purpose of this report is to seek approval from City Council to implement the following improvements to the intersection of College Street, Dundas Street West and St. Helen's Avenue:

A new traffic control signal at the College Street and Dundas Street West intersection; and
Closure to vehicular traffic of St. Helen's Avenue between College Street [North] and College Street.
 

The changes proposed would improve road safety for everyone including shorter crossing distances for people walking, a safe connection between the existing bike lanes on College Street and Dundas Street West for people cycling, as well as improved sightlines and safer motor vehicle turning movements at the intersection of College Street and Dundas Street West.

As the Toronto Transit Commission operates transit service on both College Street and Dundas Street West, City Council approval of this report is required.

The Toronto and East York Community Council recommends that:

1. City Council amend its decision on Item 2014.TE34.30 by:

a. deleting Part 1.d.ii. in its entirety; and

b. amending Part 1.d.iii. by deleting the word "full" so that Part 1.d.iii. now reads:
 

1.d. iii. 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, a qualified heritage consultant and a qualified art conservator, all to the satisfaction of the Manager, Heritage Preservation Services.

At its meeting of August 25, 2014 City Council adopted Item 2014.TE34.29 approving the Zoning Amendment application for the property 481 University Avenue, 210 Dundas Street West, 70 Centre Avenue and 137 Edward Street. Concurrent with the zoning approval was Item 2014.TE34.30, the consideration of alterations pursuant to the Ontario Heritage Act to the 481 University Avenue and 210 Dundas Street West located on the development site. The Council decision required that a number of conditions be satisfied prior to the issuance of any heritage alteration permit.

The applicant has requested that the pre-approval conditions be amended to allow them to begin construction prior to the issuance of final Site Plan approval and to allow them to obtain a building permit prior to the submission of full building permit drawings for the entire project.

The applicant's Site Plan application has been submitted and is under review by City staff. The City's interests are being secured through other means, including designation under Part IV of the Ontario Heritage Act, which occurred through the passing of By-laws 1393-2017 and 1394-2017. In addition, a Heritage Easement Agreement is being executed by the applicant prior to final Site Plan approval. The applicant is also being required to provide a Letter of Credit to the City to secure the full amount of the heritage conservation work prior to the issuance of a permit.

The City Manager recommends that:

1. City Council receive this report for information.

This report provides a brief update on the City's ongoing COVID-19 emergency response activities and a description of the status and plans to restart some City services and support the reopening of Toronto's businesses.  This report also provides an overview of the Toronto Office of Recovery and Rebuild, its initial activities and the approaches City staff are taking to re-imagine how the City will conduct business and deliver service in the emerging context of the ongoing pandemic.

Additional information is provided in response to City Council's request for specific information related to impacts due to the pandemic on the Committee of Adjustment process and applications as well as the building permit process including plans to restart and address backlogs.

The Chief Financial Officer and Treasurer recommends that:

1.  City Council approve the property tax payment deferral program set out in this report to allow impacted residential and business property owners who have no other financial options to use an online application process to request additional time to pay their taxes without incurring late payment penalties or interest charges during the six month period between June 1, 2020 to November 30, 2020, and delegate authority to the Controller and his designates to administer the program based on the eligibility criteria set out in this report.

2.  City Council authorize amendments to the City of Toronto Municipal Code Chapter 767, Taxation, Property Tax, to implement the property tax payment deferral program set out in Recommendation 1.

3.  City Council authorize the introduction of the necessary bills in Council to give effect to Council's decision.

This report recommends adoption of a property tax payment deferral program to allow residents and businesses who have no other financial options and are affected by the COVID-19 pandemic to request additional time to pay their property taxes without incurring late payment penalties or interest charges.

This program will further assist business and residential property owners faced with severe financial difficulties due to the COVID-19 pandemic beyond the 60-day grace period for property taxes that was implemented by the Mayor's Economic Support and Recovery Task Force and approved by City Council.

The Deputy City Manager, Community and Social Services and the Deputy City Manager, Corporate Services recommend that:

Land Considerations

1. City Council direct the Deputy City Manager, Corporate Services and the Executive Director, Corporate Real Estate Management to review, on an expedited basis, the six sites identified in Appendix 1 (the "Phase Two Sites"), including any prior terms of transfer that have been approved by Council, and authorize them to determine, in consultation with the City Manager, whether such terms should be amended in order to achieve the objectives of the Housing Now Initiative.

2. City Council authorize the Deputy City Manager, Corporate Services, where it is determined such action is appropriate to achieve the objectives of the Housing Now Initiative, to declare all or portions of each of the Phase Two Sites surplus, and to amend any prior declaration(s) of surplus, subject to the retention of those areas and interests as have been determined critical to the operational requirements of a division or agency.

3. City Council amend the existing delegated approvals and signing authorities in Item EX27.12, City-Wide Real Estate - Delegated Authorities Framework and Transition Plan, adopted by City Council on October 2, 3 and 4, 2017, to authorize the Deputy City Manager, Corporate Services and Chief Financial Officer and Treasurer to approve any lease, transfer and other property transactions involving these Phase Two Sites for the purpose of achieving the City's affordable housing objectives notwithstanding that the related compensation may exceed $5 Million Dollars, and authorize the Deputy City Manager, Corporate Services and Chief Financial Officer and Treasurer to treat the estimated value of the rental savings that will be realized by tenants of the affordable housing units as compensation received by the City when assessing whether a proposed transaction reflects market value, provided that the Executive Director, Housing Secretariat, and the Board of CreateTO or the Board of Directors of the relevant CreateTO corporate entity concur with the proposed transaction terms.

4. City Council waive the restrictions of Section 2.4(a) of the shareholder direction of Build Toronto Inc., controlled by the Board of CreateTO, solely for transactions relating to the Phase Two Sites on terms and conditions satisfactory to the City Manager and in a form approved by the City Solicitor, and allow for donations or similar contributions to any charity or charitable organization, or to a non-profit organization for the purpose of facilitating the provision of affordable housing units at the Phase Two Sites where determined appropriate by the CreateTO Board of Directors, in consultation with the Deputy City Manager, Corporate Services and the Executive Director, Housing Secretariat.

5. City Council authorize the Deputy City Manager, Corporate Services, to approve the transfer of title to any of the Phase Two Sites, or a portion thereof to corporate entities controlled by the Board of CreateTO at nominal consideration where permitted by law, and where the Deputy City Manager, Corporate Services, the Executive Director, Housing Secretariat and the Chief Executive Officer, CreateTO have agreed upon the terms of transfer that will be reflected in a Transfer Agreement between the City and the corporate entity controlled by the CreateTO Board.

Planning Process

6. City Council request the Chief Planner and Executive Director, City Planning, to:

a. provide key planning principles and guidelines for each of the Phase Two Sites to be included as part of the public market offering process;

b. expeditiously advance Official Plan Amendments and Zoning By-law Amendments and plans of subdivision required to prepare the properties for marketing and ensure a range of housing opportunities within each of the Phase Two Sites; and

c. support the Housing Now Initiative by implementing an expedited review process and setting timelines for the completion of review of the related development applications submitted by the selected developers of each site.

Affordable Housing Program

7. City Council approve an overall development target across the Phase Two Sites including a minimum of one-third affordable rental units (with average rents not to exceed 80% of annual Canada Mortgage and Housing Corporation average market rent), a minimum of one-third market rental housing, and a maximum of one-third ownership homes.

8. City Council direct the Deputy City Manager, Community and Social Services and the Deputy City Manager, Corporate Services in consultation with the Executive Director, Housing Secretariat and the Chief Executive Officer, CreateTO, to report to the June 15, 2020, meeting of the Planning and Housing Committee on measures to limit annual rent increases on market rental units in all Housing Now Initiative sites, and, as part of the annual Housing Now Initiative Update report, on any proposed changes to the current accessibility standards under the program.

9. City Council exempt the up to 620 affordable rental homes anticipated to be developed throughout the Phase Two Sites, from taxation for municipal and school purposes for the term of the municipal housing facility agreement, with the property tax exemption having an estimated net present value of approximately $18,093,019 over 99 years.

10. City Council authorize the Executive Director, Housing Secretariat to offer the Open Door incentives for affordable rental housing, for the term of affordability, and to exempt the affordable rental housing, including any applicable ancillary and related, parking amenity space on the Phase Two Sites from the payment of development charges and provide a waiver of all planning and building permit fees and parkland dedication fees.

11. City Council authorize the Executive Director, Housing Secretariat, to negotiate and enter into, on behalf of the City, municipal housing facility agreements (the City's Contribution Agreement) with the developers chosen for each of the Phase Two Sites, on terms and conditions satisfactory to the Executive Director, Housing Secretariat, and in a form approved by the City Solicitor.

12. 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 required by the developers of the Phase Two Sites to secure construction and conventional financing and subsequent refinancing, 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.

13. City Council authorize the Deputy City Manager, Corporate Services, in consultation with the Deputy City Manager, Community and Social Services, to provide any consent necessary to transfer or encumber the Phase Two Sites or the affordable rental housing portion thereof, and to negotiate and enter into any agreements or other documents required to effect any future transfer or assignment of any of the Phase Two Sites or the affordable rental housing portion thereof, and the associated legal agreements with the City to another legal entity, on terms and conditions satisfactory to them and in a form approved by the City Solicitor.

14. City Council authorize City staff to cancel or refund any taxes paid after the effective date of the municipal housing facility agreement.

Funding and Budget Considerations

15. City Council direct the Deputy City Manager, Community and Social Services and the Deputy City Manager, Corporate Services in consultation with the Executive Director, Housing Secretariat and the Chief Executive Officer, CreateTO, to report to the June 15, 2020, meeting of the Planning and Housing Committee, as part of the annual Housing Now Initiative Update report, on any funding required to activate the Phase Two Sites.

16. City Council direct the Chief Financial Officer and Treasurer to transfer any proceeds from the sale or lease of any of the  Phase One properties identified in Appendix 3 of report EX1.1 (January 11, 2019) and the additional Phase Two Sites to the Capital Revolving Reserve Fund for Affordable Housing (XR1058) to be administered by the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer, the Deputy City Manager, Community & Social Services and the Deputy City Manager, Corporate Services, and be used to offset costs directly related to implementing the Housing Now Initiative including: preparing the properties for marketing including undertaking necessary environmental studies and remediation, market analyses, planning and other consultant studies; legal costs; overhead and administration costs; relocation costs; costs of on-site City programming requirements; costs of required on- or off-site infrastructure upgrades or improvements; funding shortfalls, etc.

17. City Council direct the Deputy City Manager, Community and Social Services to compensate CreateTO for provision by CreateTO of the services referred to in Recommendation 16, with payment to be made on a cost-recovery basis from the Capital Revolving Reserve Fund for Affordable Housing, utilizing the proceeds from the sale or lease of any of the  Phase One properties.

Market Offering Process

18. City Council direct the utilization of the Phase Two Sites identified in Appendix 1 for the Housing Now Initiative through a market offering process with a priority of retaining public ownership through long-term land leases.

19. City Council direct the Deputy City Manager, Corporate Services, Deputy City Manager, Community and Social Services and the Chief Financial Officer and Treasurer to approve the business case and marketing offering process for each property provided that the Executive Director, Housing Secretariat and the CreateTO Board of Directors or the Board of Directors of the relevant CreateTO corporate entity, concur with the proposed business case and market offering process.

20. City Council direct the Chief Executive Officer, CreateTO, in consultation with the Executive Director, Housing Secretariat to administer the market offering process for the Phase Two Sites and utilize its existing pre-qualified Broker roster to expedite marketing, where required, and to negotiate the leases, purchase agreements and other contracts with the successful development partners, other than the municipal housing facility agreements in Recommendation 11 above, and subject to the approvals required in Recommendation 19 above.

21. City Council direct the Executive Director, Housing Secretariat, in consultation with the Chief Executive Officer, CreateTO, to administer the market offering process for sites designated exclusively for non-profit participation, and to negotiate the leases, purchase agreements and other contracts with the successful non-profit development partners.

22. City Council request the Executive Director, Housing Secretariat to work with the Chief Executive Officer, CreateTO, Deputy City Manager, Corporate Services and Chief Financial Officer and Treasurer in overseeing the market offering process related to the Phase Two Sites including the selection of preferred proponents, and the co-ordination of government funding and financing incentives to ensure that the affordable housing projects are financially viable.

23. Council request the Executive Director, Housing Secretariat and the Chief Executive Officer, CreateTO to encourage the involvement and participation of non-profit and co-operative housing organizations in the market offering process for the Phase Two Sites, and provide greater consideration to submissions that exceed the affordable rental and market rental housing delivery targets and increase supportive housing opportunities.

24. Council request the Executive Director, Housing Secretariat and the Chief Executive Officer, CreateTO in consultation with the Executive Director, Social Development, Finance and Administration to incorporate, in the market offering process measureable community benefits opportunities, such as social procurement and apprenticeship, training, and/or other hiring opportunities for people from equity-seeking communities.

Other Considerations

25.  City Council authorize the Deputy City Manager, Community and Social Services to request the Federal Government, through the Canada Mortgage and Housing Corporation, to:

a. approve a portfolio approach to the funding and financing of the Phase Two Sites identified in Appendix 1 to this report; and

b. consider the City's previous requests for the federal government to dedicate surplus lands in Toronto to be utilized for increasing the supply of affordable and purpose-built rental housing.

26.  City Council authorize the Deputy City Manager, Community and Social Services to request the Ontario Government to support the creation of supportive housing opportunities as part of the Housing Now Initiative by providing assistance to individuals with housing and support needs through the provision of operating, and to identify surplus lands within Toronto be utilized to create new mixed-income communities, with new affordable rental homes, including supportive housing opportunities.

On December 13, 2018, City Council approved the Housing Now Initiative to activate 11 City-owned sites ("Phase One") for the development of affordable housing within mixed-income, mixed-use and transit-oriented communities.

Phase One of the Housing Now Initiative is estimated to create approximately 10,750 new residential units with approximately 7,800 being purpose-built rental housing, including almost 3,900 affordable rental units. Work is well underway to advance Phase One of the Housing Now Initiative.

This report recommends Council's approval of six additional sites (outlined in Appendix I) to the Housing Now Initiative. The additional six sites (the "Phase Two Sites") are estimated to add between 1,455 and 1,710 new residential units to the program, including approximately 1,060 to 1,240 purpose-built rental units with approximately 530 to 620 being affordable rental units.

In addition, the report recommends Council's approval of an estimated $47,652,480 in Open Door incentives to support the delivery of up to 620 homes.

Expanding the Housing Now Initiative recommended in this report will complement other City initiatives to increase the supply of permanent affordable housing for low-and-moderate income residents. It will also contribute toward the City's target of approving 40,000 affordable rental units, including 18,000 supportive housing units, over the next 10 years as outlined in the HousingTO 2020-2030 Action Plan.

Increasing the supply of permanent affordable rental housing is of particular significance at this time due to the COVID-19 pandemic. The pandemic has quickly highlighted that access to a safe, secure and affordable home is essential to a person's health and well-being, and the overall well-being of our society. Increasing affordable housing opportunities for residents will also make a profound contribution towards our socio-economic recovery from the pandemic. Specifically, investments in residential construction deliver one of the largest economic multiplier effects, with a total of 10 jobs created (including five direct and five additional indirect and induced jobs) for each one million dollars invested in housing[1]. Expanding programs such as Housing Now will help get people back to work, while creating a range of much-needed housing. Investments in permanent housing would also significantly reduce costs to the health care, emergency shelter and justice systems.

Implementation of the Housing Now Initiative and the larger HousingTO 2020-2030 Action Plan will require a strong partnership among all orders of government. Increased investments in permanent affordable housing and a quick deployment of resources are necessary to recover from the pandemic and build our resilience as a city, region and country. Additionally, support and participation from the non-profit and private sectors will be essential to help deliver these outcomes.

The General Manager, Economic Development and Culture, recommends that:

1. City Council approve revised eligibility criteria for the Creative Co-Location Facilities Property Tax Subclasses outlined in Attachment 1 of this report thereby creating a new live music venue category of eligible properties.

2. City Council approve amendments to Municipal Code Chapter 767, Taxation, to temporarily suspend the application of delivery eligibility criteria respecting free programming and cultural activities for the public at tenant-based properties; and suspending the application of delivery eligibility criteria respecting terms of co-working memberships and professional development services for creative enterprises at membership based co-working facilities as described in this report such that these eligibility criteria are not required to be met during the period while public health protection measures remain in effect related to the COVID-19 pandemic. 

3. City Council authorize the City Solicitor to submit the bills necessary to amend Municipal Code Chapter 767, Taxation, Property Tax, to give effect to these recommendations.

4. City Council direct the General Manager, Economic Development and Culture to report to the Toronto Music Advisory Committee on the impact of the Creative Co-Location Facilities Property Subclasses on live music venues and the status of its administrative process within twelve months.

5.City Council approve the increase to Non Program Tax Deficiencies 2020 Budget by $1.06 million gross with a corresponding withdrawal from Assessment Appeal Stabilization Reserve (XQ0706), for $0 million net change to fund the tax relief measures in this report for 2020 taxation year.

The Creative Co-Location Facilities Property Tax Subclasses of the commercial, residual commercial and industrial property classes (the "Subclasses") were established by City Council and the Province of Ontario to support the affordability and sustainability of cultural and creative spaces in Toronto. The first application intake for property tax relief was in 2018 with established eligibility criteria for qualifying properties acting as creative hubs with multiple tenants, and a second intake was in 2019 when the criteria were expanded to include membership-based co-working facilities for creative workers and enterprises.    

The purpose of this report is to amend the eligibility criteria for the Subclasses to strengthen the original intent of the benefit in supporting access to space for creative enterprises and to help address the unprecedented challenges threatening live music venues in Toronto through recommended amendments and expansion of the Subclasses. More specifically, the report recommends that City Council authorize the creation of a third category of eligible properties within the Subclasses to include live music venues where local and grassroots musicians perform. 

Stringent, objective and enforceable guidelines for eligible portions of properties in which live music venues operate are recommended and include eligibility criteria with consideration for: (A)  venue infrastructure; (B) bookings and compensation; (C) creative sector employment; (D) time in operations; and, (E) attendance capacity.

In initially approving the Subclasses, Council recognized the public benefit being generated by specific properties in meeting the provincial definition of creative enterprises in producing cultural goods and services. Toronto's live music venues, which are the training ground and launch pad for musical careers, need critical support in the face of ongoing pressures that threaten to close dozens of local venues.

The timing of the proposed implementation of the third intake of the Subclasses in 2020 with expanded criteria is related to the City's efforts in COVID-19 recovery for the cultural sector, consistent with the intent of the enabling provincial legislation for the Subclasses and addressing Council directives to promote Toronto as a music city. Staff have consulted closely with industry on the proposed live music venues eligibility criteria through the Toronto Music Advisory Committee (TMAC). 

Finally, also proposed for the 2020 taxation year is temporarily suspending a portion of the eligibility criteria respecting the tenant-based properties and the membership based co-working facilities since applicants would not be able to fulfill these particular requirements due to the public health protection measures related to the COVID-19 pandemic and the closing of their operations by provincial emergency orders.

The General Manager, Economic Development and Culture, recommends that:

1. City Council authorize the Deputy City Manager, Community and Social Services, to enter into and administer a funding agreement with the Department of Canadian Heritage to accept $547,000 for the production of virtual Canada Day celebrations.

2.  City Council increase the 2020 Approved Operating Budget for Economic Development and Culture by $647,000 gross and $0 net, fully funded by a grant of $547,000 from the Department of Canadian Heritage and $100,000 in private sponsorship, to deliver the virtual Canada Day event.

The Economic Development and Culture Division (EDC) has partnered with the federal government (Department of Canadian Heritage) and local cultural organizations to produce a virtual Canada Day event for July 1, 2020. EDC will co-produce the virtual event with Harbourfront Centre and TO Live to highlight the heroes of Toronto's pandemic response efforts as well as the city's artists and neighbourhoods. Content produced for the Toronto event will be featured in the national Canada Day broadcast and related promotion.

EDC has received a grant of $547,000 from the Department of Canadian Heritage to produce the virtual Canada Day celebrations. Council authority is required to accept this funding. A one-time budget adjustment is also required to increase the 2020 Approved Operating Budget for Economic Development and Culture by $647,000 gross and $0 net, to account for the federal funding and an additional $100,000 in private sponsorship.

The General Manager, Fleet Services and the Chief Purchasing Officer, recommend that:  

1. City Council grant authority to the General Manager, Fleet Services to amend Blanket Contract 47021793 with Enterprise Rent A Car Company Canada in the amount of $5,402,281 net of all applicable taxes ($5,497,361 net of HST recoveries) revising the current Blanket Contact value from $10,929,893 to $16,332,174 net of all applicable taxes ($16,619,620 net of HST recoveries) for the entire duration of the contract, inclusive of all option renewal years.

The purpose of this report is to seek authority to amend Blanket Contract 47021793 awarded to Enterprise Rent A Car Company Canada for short-term vehicle rental services. 

Fleet Services is requesting an additional amount of $5,402,281 net of all applicable taxes ($5,497,361 net of HST recoveries) revising the contract value from $10,929,893 to 16,332,174 net of all applicable taxes ($16,619,620 net of HST recoveries) for the entire duration of the contract, inclusive of all option renewal years.

The requested amendment is required to account for the anticipated over-expenditures due to increased demands for short term vehicle requirements from City to support the 2020 Labour Disruption (LD) planning activities and the COVID-19 pandemic.  The requested amendment will ensure that the current and future year periods have sufficient value to allow for continuity of service delivery for short-term vehicle rentals to support COVID-19 and service delivery requirements of City Divisions.

The Acting Chief, Toronto Paramedic Services, and the Chief Purchasing Officer recommend that:   

1. City Council, in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71 (Financial Control Bylaw), grant authority to the Chief Purchasing Officer to amend Contract No. 47019673 for the provision of cardiac monitor/defibrillators with all components and accessories, and replacement of cardiac monitor/defibrillators including extended warranty and preventative maintenance plan, by an additional amount of $9,610,806 excluding all taxes and charges ($9,779,956 net of harmonized sales tax recoveries), increasing the current value from $9,666,373 to $19,277,179 excluding all taxes and charges ($9,836,501 to $19,616,457 net of harmonized sales tax recoveries).

The purpose of this joint report from Toronto Paramedic Services and Purchasing and Materials Management Division is to request approval to amend existing Contract No. 47019673, issued to Zoll Medical Canada Limited as result of Request for Proposal No. 0507-15-0113, to address expected growth in Toronto Paramedic Services service demand and enhancements in medical care as outlined in Toronto Paramedic Services' Multi-Year Staffing and Systems Plan adopted by Council in 2019, by a total amount of $9,610,806 (excluding all taxes and charges) or $9,779,956 (net of harmonized sales tax recoveries) over the remaining life of the contract, ending November 15, 2025.

The amendment is for the purchase of 60 additional cardiac monitors and the option of 40 replacement cardiac monitor/defibrillators with accessories, optional extended warranty, and preventative maintenance and repairs, by an additional amount of $4,873,005 (excluding all taxes and charges), and to cover the purchase of accessories and consumables (e.g., disposable monitoring supplies, batteries, etc.), managed by City Stores to support Toronto Paramedic Services and other divisions, by an additional amount of $4,737,801 (excluding all taxes and charges).

All additional units, supplies and consumables will be purchased under the same terms and conditions of the original Request for Proposal.

The Chief Engineer and Executive Director of Engineering and Construction Services Division and the Chief Purchasing Officer recommend that:

1. City Council, in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-Law), grant authority to amend Purchase Order No. 6046018 with WSP Canada Group Limited for the provision of professional services associated with contract administration, site inspection and post construction services for the rehabilitation of the Bathurst Street Bridge in the amount of $630,823 net of all taxes and charges ($641,925 net of HST recoveries), revising the current purchase order value from $541,600 net of all taxes and charges ($551,132 net of HST recoveries) to $1,172,423 net of all taxes and charges ($1,193,057 net of HST recoveries).

The purpose of this report is to request authority to amend Purchase Order No. 6046018 with WSP Canada Group Limited for professional services associated with contract administration, site inspection and post-construction services for the rehabilitation of the Bathurst Street Bridge, south of Front Street.

An expanded scope of work combines the rehabilitation of the City portion of the bridge and the rehabilitation work requested by Metrolinx under a single construction contract, thus avoiding traffic disruptions in subsequent years. To further reduce the impact of construction on the travelling public, the construction will be accelerated by extending permitted daily work hours including weekends. This will require an increased number of inspector shifts and increased contract administration services. A significant portion of the additional professional services fee will be recovered from Metrolinx.

The total value of the Purchase Order Amendment being requested is $630,823 net of all taxes and charges ($641,925 net of HST recoveries), revising the current purchase order value from $541,600 net of all taxes and charges ($551,132 net of HST recoveries) to $1,172,423 net of all taxes and charges ($1,193,057 net of HST recoveries).

 The Chief Engineer and Executive Director of Engineering and Construction Services and the Chief Purchasing Officer recommend that:

1.  City Council, in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-Law), grant authority to amend Purchase Order No. 6042338 and amend the agreement with Black & Veatch Canada Company, for the provision of additional project management services for the Integrated Pumping Station Project at the Ashbridges Bay Treatment Plant by an additional amount of $3,184,920 net of all taxes and charges ($3,240,974.59 net of HST recoveries), revising the current contract value from $7,129,719.45 net of all taxes and charges ($7,255,202.51 net of HST recoveries) to $10,314,639.45 net of all taxes and charges ($10,496,177.10 net of HST recoveries).

2.  City Council in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-Law), grant authority to amend Purchase Order No. 6042339 and amend the agreement with Black & Veatch Canada Company, for the provision of additional professional engineering services for the detailed design of the Integrated Pumping Station Project at the Ashbridges Bay Treatment Plant by increasing the value of Purchase Order No. 6042339 in the amount of $9,654,997 net of all taxes  and charges ($9,824,924.95 net of HST recoveries), revising the current contract value from $17,817,350.10 net of all  taxes and charges ($18,130,935.46 net of HST recoveries) to $27,472,347.10 net of all taxes and charges ($27,955,860.41 net of HST recoveries).

The purpose of this report is to request authority to amend Purchase Order (PO) Number 6042338 and 6042339 with Black & Veatch Canada Company (B&V) for additional project management and professional engineering design services for the Integrated Pumping Station Project (IPS Project) at the Ashbridges Bay Treatment Plant (ABTP) in the total amount of $12,839,917 net of all taxes and charges ($13,065,900 net of HST recoveries). This revises the total value of the assignment awarded to B&V from $51,237,492 to $64,077,409 net of HST and all applicable charges ($65,202,171 net of HST recoveries).

These amendments are required to finalize the detailed engineering design for what is now a significantly more complex design of the IPS Project, currently the City's largest and most critical wastewater infrastructure project underway

The Chief Engineer and Executive Director of Engineering and Construction Service and the Chief Purchasing Officer recommend that:

1. City Council in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-Law), grant authority to amend Purchase Order No. 6047022 with Englobe Corp., for material testing and quality assurance services for various capital works projects by an additional amount of $565,000 net of all taxes and charges ($574,944 net of HST recoveries), revising the current contract value from $690,766 net of all taxes and charges ($702,923 net of HST recoveries) to $1,255,766 net of all taxes and charges ($1,277,867 net of HST recoveries).

The purpose of this report is to request authority to amend Purchase Order No. 6047022 with Englobe Corp., for additional material testing and quality assurance services for various capital works projects in the amount of $565,000 net of all taxes and charges ($574,944 net of HST recoveries), revising the current contract value from $690,766 net of all taxes and charges ($702,923 net of HST recoveries) to $1,255,766 net of all taxes and charges ($1,277,867 net of HST recoveries).

The General Manager of Toronto Water recommends that:

1. City Council authorize the reallocation of cashflows within Toronto Water’s approved 2020 Capital Budget and  2021-2029 Capital Plan in the amount of $2.775 million, for acceleration and deferral of projects, as presented in Schedule A (Part A and B) to the report, with a zero Budget impact.

2. City Council authorize the reallocation of project costs and cashflows in Toronto Water's approved 2020 Capital Budget and 2021-2029 Capital Plan in the amount of $5.136 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), with a zero Budget impact.

This report requests City Council's authority to amend Toronto Water's Approved 2020 Capital Budget and 2021-2029 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 2020 Capital Budget and 2021-2029 Capital Plan and will align the budget and plan with Toronto Water's capital project delivery schedule and program requirements.

The General Manger of Toronto Water recommends that:

1. City Council authorize the reallocation of 2019 cashflows within Toronto Water’s approved 2019 Capital Budget and 2020-2028 Capital Plan in the amount of $81.506 million, for acceleration and deferral of projects, as presented in Schedule A (Part A & B), with a zero Budget impact.

2. City Council authorize the reallocation of 2020 and 2021 cashflows within Toronto Water’s approved 2020 Capital Budget and 2021-2029 Capital Plan in the amount of $81.506 million, for acceleration and deferral of projects, as presented in Schedule A (Part A & B), with a zero Budget impact.

3. City Council authorize the reallocation of 2019 cashflows and project costs in Toronto Water's approved 2019 Capital Budget and 2020-2029 Capital Plan in the amount of $2.202 million from projects that have been completed under budget to those requiring additional funding in the same amount as presented in Schedule A (Part C), with a zero Budget impact.

This report requests City Council's authority to amend Toronto Water's Approved 2019 Capital Budget by adjusting project costs and cash flows to align with year-end expenditures and project progress.  The adjustments will have a zero dollar impact on the 2019 Capital Budget.

This report requests City Council's authority to amend Toronto Water's Approved 2020 Capital Budget and 2021-2029 Capital Plan by adjusting project costs and cashflows contained within the Budget and Plan, respectively, to align the 2020 Capital Budget and 2021-2029 Capital Plan with the final 2019 capital expenditures and project progress. The adjustments will have a zero dollar impact on the 2020 Capital Budget and 2021-2029 Capital Plan and will align the budget and plan with Toronto Water's capital project delivery schedule and program requirements.

The General Manager, Transportation Services 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 travel lanes on Highway 27 for hydro infrastructure relocation part of early works 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, until August 31, 2023 inclusive, despite Section 937-4 of Code Chapter 937, the authority to temporarily close to pedestrian and vehicular traffic portions of Highway 27, between 500 metres north of Finch Avenue West and 500 metres south of Humber College Boulevard, for a period up to and including 365 consecutive days but ending no later than August 31, 2023 inclusive, as required for the purposes of construction of the Finch West Light Rail Transit 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.

The purpose of this report is to seek Council approval to delegate authority to the General Manager, Transportation Services, to temporarily close to pedestrian and vehicular traffic portions of Highway 27, between 500 metres north of Finch Avenue West and 500 metres south of Humber College Boulevard, for a period up to and including 365 consecutive days, but ending no later than August 31, 2023, inclusive, as required for the purposes of construction of the Metrolinx Finch West Light Rail Transit (FWLRT).

Without this delegated authority, reports would be required seeking Council approval to grant road/lane and sidewalk closures lasting more than 30 days. The scope of the FWLRT project and planned new transit infrastructure on Highway 27 requires multiple lane closures that will extend beyond 30 days. Delegating this authority will minimize the chance of project delay and significantly reduces the administrative burden on City of Toronto staff, enabling them to focus on working with Metrolinx, contractors, local ward Councillors, and the community.

As the General Manager, Transportation Services does not have any authority to close Highway 27 for third party work for any period of time, this report is critical to ensure that work on the FWLRT can continue.

The General Manager, Transportation Services recommends that:  

1. City Council direct Transportation Services to continue with the planned delivery of sidewalks on the following road sections:

a. Bobmar Road (west side from Ellesmere Road to 140 metres north of Military Trail);

b. Braywin Drive (north side from 36 Braywin Drive to 48 Braywin Drive);

c. Markdale Avenue (west side from Strathearn Road to south end of Markdale Avenue);

d. Parkwood Avenue (west side from St. Clair Avenue West to 42 metres north of St. Clair Avenue West);

e. Vanderhoof Avenue (south side from 135 metres west of Brentcliffe Road to Glassworks Drive).

Provision of safe, comfortable and accessible sidewalks on all public streets is a fundamental objective of the Vision Zero 2.0 Road Safety Plan. Sidewalks support safety, accessibility, affordable transportation, physical activity, safe routes to school, aging in place and sustainable growth.

Through the Missing Sidewalk Installation Program, Transportation Services reviews opportunities to install sidewalks on all roadway classifications through bundling with other state-of-good-repair roadway or utility work, as well as stand-alone delivery.

Transportation Services has the authority to install sidewalks on arterial and collector roads in accordance with the Missing Sidewalk Installation Policy. An update to the policy, adopted by Council in July 2019 delegated final decision making authority to the General Manager, Transportation Services to add sidewalks to local roads as part of road reconstruction, to accommodate a request for a person with a disability, and in cases where a Community Council has approved a new traffic-calming measure after the policy was adopted.

In July 2019, Council directed that sidewalk proposals not otherwise delegated to the General Manager, Transportation Services, or those requested by a Member of Council, be reported on an annual basis to the Infrastructure and Environment Committee for recommendation to City Council. 

In accordance with this direction, this report recommends the installation of sidewalks on the following local roads:

Bobmar Road (west side, Ward 25)
Braywin Drive (north side, Ward 1)
Markdale Avenue (west side, Ward 12)
Parkwood Avenue (west side, Ward 12)
Vanderhoof Avenue (south side, Ward 15)
 

A map of the sidewalk projects proposed in this report is included as Attachment 1.

The General Manager, Transportation Services and the Chief Purchasing Officer recommend that:

1. City Council, in accordance with Section 71-11.1 of the City of Toronto Municipal Code Chapter 71 (Financial Control Bylaw), grant authority to amend Contract 17TM-01TP with Guild Electric Limited for the maintenance and operation of electrical traffic control and related devices by an additional amount of $8,888,275 net of all taxes and charges ($9,044,709 net of HST recoveries) revising the current contract value from $62,186,648, net of all taxes and charges ($63,281,133, net of HST recoveries) to $71,074,923 net of all taxes and charges ($72,325,842 net of HST recoveries) and extend the contract end date to July 31, 2021 under the same terms and conditions set out in Tender Call 2-2016.

The purpose of this report is to request authority to amend Contract 17TM-01TP with Guild Electric Limited, for the maintenance and operation of electrical traffic control and related devices in the amount of $8,888,275, net of all taxes and charges ($9,044,709 net of HST recoveries) and to extend the contract end date to July 31, 2021 under the same terms and conditions set out in Tender Call 2-2016.

Funding of the proposed amendment will come from Transportation Services existing capital and operating budgets.

The General Manager, Transportation Services recommends that:

1. City Council temporarily close to vehicular and pedestrian traffic the west sidewalk and two southbound lanes on Cherry Street between a point 55 metres south of Commissioners Street and a point 393.5 metres further south, from June 29, 2020 to February 28, 2022, inclusive, for purposes of the Port Lands Flood Protection Project and Enabling Infrastructure Project.

2. City Council temporarily close to pedestrian traffic the east sidewalk on Cherry Street, between a point 195 metres south of Commissioners Street and a point 263 metres further south, from June 29, 2020 to February 28, 2022, inclusive, for purposes of the Port Lands Flood Protection Project and Enabling Infrastructure Project.

3. City Council temporarily close to pedestrian and cycling traffic Martin Goodman Trail on the east side of Cherry Street, between a point 195 metres south of Commissioners Street and a point 263 metres further south, from June 29, 2020 to February 28, 2022, inclusive, for purposes of the Port Lands Flood Protection Project and Enabling Infrastructure Project.

4. City Council temporarily close to vehicular and pedestrian traffic each of the north boulevard and the 5.5 metre wide portion of the westbound lane on Polson Street, between Cherry Street and a point 83.5 metres west, from June 29, 2020 to February 28, 2022, inclusive, for purposes of the Port Lands Flood Protection Project and Enabling Infrastructure Project.

5. City Council authorize public highway designation for the lands to be leased from  City of Toronto Economic Development Corporation (TEDCO) on the east side of Cherry Street, between a point 207.5 metres south of Commissioners Street and a point 183.7 metres further south, approximately 5.8 metres in width, as shown in Attachment 1 to the report (May 21, 2020) from the City Manager ("TEDCO lands leased"), and, once the TEDCO lands leased are designated as public highway, reconfigure Cherry Street as a temporary detour (diversion) roadway as shown in Attachment 2 to the report (May 21, 2020) from the City Manager. The TEDCO lands leased will be dedicated in name as Cherry Street.

6. City Council authorize the appropriate City officials to take all steps necessary to implement the proposed dedication referred to in Part 5 above, including requesting the City Solicitor to prepare and submit the relevant bills necessary to register the resultant by-laws, if required.

7. City Council authorize the General Manager, Transportation Services, to negotiate, enter into and execute an agreement with Waterfront Toronto on terms and conditions satisfactory to the General Manager, Transportation Services, in relation to, among other things, the construction, maintenance and warranty work of the diversion road; as well as to negotiate, enter into, and execute any other necessary agreements or documents, on behalf of the City, to temporarily exercise the City's authority.

8. City Council authorize a temporary pedestrian walkway on the east side of Cherry Street, between a point 195 metres south of Commissioners Street and a point 263 metres further south.

9. City Council authorize a temporary cycling lane on the east side of Cherry Street, between a point 195 metres south of Commissioners Street and a point 263 metres further south.

10. City Council designate a 50 km/h speed limit, inclusive on Cherry Street, between a point 55 metres south of Commissioners Street and a point 393.5 metres further south.

11. City Council rescind the existing parking prohibition in effect from 9:00 p.m. of one day to 4:00 a.m. of the next following day, on the east side of Cherry Street, between Commissioners Street and a point 457.7 metres south.

12. City Council rescind the existing parking prohibition in effect from 8:00 p.m. to 4:00 a.m., on the west side of Cherry Street, between a point 50 metres south of Polson Street and a point 167.6 metres south of Polson Street.

13. City Council rescind the existing parking prohibition in effect at all times on the west side of Cherry Street, between Polson Street and a point 30.5 metres south.

14. City Council rescind the existing parking prohibition in effect at all times on the west side of Cherry Street, between a point opposite the south limit of Commissioners Street and a point 30.5 metres south.

15. City Council rescind the existing parking prohibition in effect from 9:00 p.m. of one day to 4:00 a.m. of the next following day, on the west side of Cherry Street, between Commissioners Street and Polson Street.

16. City Council rescind the existing maximum one-hour parking regulation in effect from 8:00 a.m. to 6:00 p.m., Monday to Friday, on the east side of Cherry Street, between Commissioners Street and a point 457.7 metres south.

17. City Council rescind the existing maximum one-hour parking regulation in effect from 8:00 a.m. to 6:00 p.m., Monday to Friday, on the west side of Cherry Street, between Commissioners Street and Polson Street.

18. City Council rescind the existing maximum one-hour parking regulation in effect from 8:00 a.m. to 6:00 p.m., Monday to Friday, on the west side of Cherry Street, between a point 50 metres south of Polson Street and a point 167.6 metres south of Polson Street.

19. City Council prohibit stopping at all times on both sides of the Cherry Street diversion road, between Commissioners Street and Ship Channel Bridge.

20. City Council rescind the existing parking prohibition in effect from 6:00 p.m. of one day to 4:00 a.m. of the next following day, Monday to Friday; 12:00 a.m. to 4:00 a.m., Monday; 6:00 p.m. to 11:59 p.m. Friday; and 12:00 a.m. to 4:00 a.m. and, 12:00 p.m. to 11:59 p.m., Saturday and Sunday, on both sides of Polson Street, between Cherry Street and a point 83.5 metres west.

21. City Council prohibit stopping at all times on both sides of Polson Street, between Cherry Street and a point 185.5 metres west.

22. City Council temporarily rescind the existing pedestrian crossover on Cherry Street, immediately south of Polson Street.

23. City Council authorize the installation of temporary traffic control signals at the intersection of Cherry Street and Polson Street.

24. City Council authorize the General Manager, Transportation Services, in issuing any requisite permits to include additional permit terms as the General Manager of Transportation Services deems necessary and appropriate.

25. City Council authorize the City Solicitor to introduce the necessary bills to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor in order to give effect to the reasonable operation of City Council's decision. 

26. City Council direct that the traffic regulations in Parts 8 to 23, inclusive, commence at such time as the TEDCO lands leased are dedicated, and that Cherry Street and Polson Street be returned to its pre-construction traffic and parking regulations when the project is complete.

27. City Council direct that Waterfront Toronto be responsible for all costs incurred with respect to road repairs, traffic signage modifications, installation of traffic control set-up, installation of temporary traffic control signals and removal of the existing pedestrian crossover.

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

As part of the Port Lands Flood Protection Project and Enabling Infrastructure Project, Waterfront Toronto, on behalf of the three levels of government, will re-align Cherry Street, between Lake Shore Boulevard East and Polson Street.

In order to facilitate construction of the new alignment, construction staging areas will be set-up on the west side of Cherry Street and the north side of Polson Street. Northbound and southbound vehicular traffic on Cherry Street will be temporarily shifted immediately east of the construction staging area, within the existing northbound lanes, east boulevard on Cherry Street, and additional lands on the east side of Cherry Street to be leased from TEDCO.

Authorization is being requested to designate the additional lands from TEDCO as a public highway and to implement traffic by-laws for a period of 20 months for the temporary detour (diversion) roadway, once the requisite lease between the City and TEDCO has been fully executed and the detour roadway has been fully constructed by Waterfront Toronto to the satisfaction of the City and accepted and commissioned by the City.

Transportation Services is requesting authorization to temporarily close to vehicular and pedestrian traffic the two southbound lanes (including both sidewalks and the Martin Goodman Trail) on Cherry Street and a portion of the westbound lane and north boulevard on Polson Street, for a period of up to 20 months (i.e. June 29, 2020 to February 28, 2022), to accommodate construction staging operations. The aforementioned closures will not take into effect until the detour roadway is open.

Based on the geometry of the proposed diversion roadway on Cherry Street at Polson Street, sight lines will be restricted for motorists travelling eastbound on Polson Street approaching Cherry Street. Therefore, this report also requests authorization to install temporary traffic control signals at the intersection of Cherry Street and Polson Street to maintain clear and unobstructed sight lines.

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

As part of the Port Lands Flood Protection Project and Enabling Infrastructure Project, Waterfront Toronto, on behalf of the three levels of government, will re-align Cherry Street, between Lake Shore Boulevard East and Polson Street.

In order to facilitate construction of the new alignment, construction staging areas will be set-up on the west side of Cherry Street and the north side of Polson Street. Northbound and southbound vehicular traffic on Cherry Street will be temporarily shifted immediately east of the construction staging area, within the existing northbound lanes, east boulevard on Cherry Street, and additional lands on the east side of Cherry Street to be leased from TEDCO.

Authorization is being requested to designate the additional lands from TEDCO as a public highway and to implement traffic by-laws for a period of 20 months for the temporary detour (diversion) roadway, once the requisite lease between the City and TEDCO has been fully executed and the detour roadway has been fully constructed by Waterfront Toronto to the satisfaction of the City and accepted and commissioned by the City.

Transportation Services is requesting authorization to temporarily close to vehicular and pedestrian traffic the two southbound lanes (including both sidewalks and the Martin Goodman Trail) on Cherry Street and a portion of the westbound lane and north boulevard on Polson Street, for a period of up to 20 months (i.e. June 29, 2020 to February 28, 2022), to accommodate construction staging operations. The aforementioned closures will not take into effect until the detour roadway is open.

Based on the geometry of the proposed diversion roadway on Cherry Street at Polson Street, sight lines will be restricted for motorists travelling eastbound on Polson Street approaching Cherry Street. Therefore, this report also requests authorization to install temporary traffic control signals at the intersection of Cherry Street and Polson Street to maintain clear and unobstructed sight lines.

The City Solicitor recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to the Report (May 20, 2020) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the Report (May 20, 2020) from the City Solicitor at the discretion of the City Solicitor, if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to the Report (May 20, 2020) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice and information, which is subject to solicitor-client privilege.

The purpose of this report is to request further instructions for the potential Local Planning Appeal Tribunal (the "LPAT") hearing that is currently scheduled to commence on July 6, 2020 for three weeks.  The applicant has appealed the proposed rezoning of 64 Prince Arthur Avenue to the LPAT due to Council's failure to make a decision on the application within the time prescribed by the Planning Act (the "Appeal").

The appealed application was revised and it proposes to amend the former City of Toronto Zoning By-law 438-86 and City-wide Zoning by-law 569-2013 to permit a 19-storey (66.7 metres plus a 7-metre mechanical penthouse) residential building with 178 dwelling units and 25 parking spaces in a 3-level below ground garage at 64 Prince Arthur Avenue.  The original proposal was for a 29-storey (120 metres plus a 10-metre mechanical penthouse) residential building with 60 dwelling units and 73 parking spaces with a 2-level below grade garage.

On July 23, 2018, City Council directed the City Solicitor, along with appropriate staff, to oppose the 29 storey proposal and oppose the Appeal.

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 Confidential Recommendations in Confidential Attachment 1 if adopted by City Council, with the balance of the Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor 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 several heritage resources and a related ongoing appeal at the Local Planning Appeal Tribunal (LPAT).

At its meeting of July 23-26, 2018, City Council endorsed a settlement from Overland LLP on behalf of Fortress Carlyle Peter Street Inc. for a mixed-use development with residential and retail uses including the conservation of five heritage buildings at 120-128 Peter Street and 357-359 Richmond Street West.  A LPAT hearing was held on January 7, 2020 to consider the proposed settlement.  At the hearing, the Tribunal issued an oral decision allowing the appeal, in part, and approving the proposed zoning by-law amendment, but withheld its final order pending satisfaction of certain preconditions.  Amongst other preconditions, the Tribunal’s Final Order is to be withheld until the parties have provided the LPAT with the final form of zoning by-law amendment.  The Tribunal’s oral decision was followed by a written decision dated January 22, 2020.

On May 19, 2020, the City Solicitor received a with prejudice offer of revised settlement from Overland LLP on behalf of Fortress Carlyle Peter Street Inc. proposing that a hotel be added to the development.  The offer is the result of extensive discussion with City staff. With the inclusion of a hotel some aspects of the design of the development contemplated under the July 2018 Settlement are proposed to be modified. Further detail regarding revisions to the previous settlement offer is provided below.

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 Confidential Recommendations in Confidential Attachment 1 if adopted by City Council, with the balance of Confidential Attachment 1 to remain confidential at the discretion of the City Solicitor 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 properties at 599-631 Kennedy Road and related ongoing appeals at the Local Planning Appeal Tribunal.  The LPAT has requested the parties schedule a case management conference for the summer of 2020, although no dates have been set at the time of this report.

The purpose of this report is to seek City Council's direction with respect to newly filed revised plans for the site and to seek instruction with respect to the ongoing LPAT process.

City Planning has reviewed the revised application and was consulted in the preparation of this report.

This revised application proposes to amend the Official Plan to delete the subject lands from Site and Area Specific Policy No. 116 ("SASP 116") and to amend the Zoning By-law to permit redevelopment of the subject property with an 8 to 10-storey apartment building consisting of 205 apartment units having 208 parking spaces at 599 to 631 Kennedy Road.

This application as originally filed in 2016 pertained only to a proposed redevelopment of 599 Kennedy Road with an 8-storey apartment building having 29 units.  The application was subsequently appealed by the previous owner on November 28, 2017 to the Ontario Municipal Board ("OMB"), now constituted as the Local Planning Appeal Tribunal ("LPAT"), on the basis of non-decision by City Council.

Subsequent to this appeal, the property was acquired in February 2018 by the current owner who assumed both the subject rezoning application and appeal to LPAT.  The owner had previously acquired the abutting lands at 611 to 631 Kennedy Road in April 2017.  The owner has now revised the subject rezoning application to replace the previous apartment proposals on the two properties with a modified combined new proposal for the expanded site, as discussed further in this report, for consideration as part of the pending LPAT hearing on the original appeal.

The purpose of this report is to seek further instruction in relation to a development application for a properties at 599-631 Kennedy Road and related ongoing appeals at the Local Planning Appeal Tribunal.  The LPAT has requested the parties schedule a case management conference for the summer of 2020, although no dates have been set at the time of this report.

The purpose of this report is to seek City Council's direction with respect to newly filed revised plans for the site and to seek instruction with respect to the ongoing LPAT process.

City Planning has reviewed the revised application and was consulted in the preparation of this report.

This revised application proposes to amend the Official Plan to delete the subject lands from Site and Area Specific Policy No. 116 ("SASP 116") and to amend the Zoning By-law to permit redevelopment of the subject property with an 8 to 10-storey apartment building consisting of 205 apartment units having 208 parking spaces at 599 to 631 Kennedy Road.

This application as originally filed in 2016 pertained only to a proposed redevelopment of 599 Kennedy Road with an 8-storey apartment building having 29 units.  The application was subsequently appealed by the previous owner on November 28, 2017 to the Ontario Municipal Board ("OMB"), now constituted as the Local Planning Appeal Tribunal ("LPAT"), on the basis of non-decision by City Council.

Subsequent to this appeal, the property was acquired in February 2018 by the current owner who assumed both the subject rezoning application and appeal to LPAT.  The owner had previously acquired the abutting lands at 611 to 631 Kennedy Road in April 2017.  The owner has now revised the subject rezoning application to replace the previous apartment proposals on the two properties with a modified combined new proposal for the expanded site, as discussed further in this report, for consideration as part of the pending LPAT hearing on the original appeal.

The General Manager, Transportation Services recommends that:  

1. City Council authorize the installation of cycle tracks on Bloor Street West from Shaw Street to Runnymede Road, as described in Attachment 2 - Designated Cycle Tracks.

2. City Council authorize the installation of bicycle lanes on Varna Drive from Ranee Avenue to New Heights Court, as described in Attachment 3 - Designated Bicycle Lanes.

3. City Council authorize the installation of ActiveTO cycling projects on:

a. Bloor Street from Avenue Road to Sherbourne St, Cycle Track

b. Dundas Street East, from Sackville Street to Broadview Avenue, Cycle Track

c. University Avenue / Queens Park, from Adelaide Street to Bloor Street, Cycle Track

d. Huntingwood Drive, from Victoria Park Ave to Brimley Road, Bicycle Lane

e. Brimley Road, from Kingston Road to Lawrence Avenue, Cycle Track

f. Danforth Avenue, from Broadview Avenue to Dawes Road, Cycle Track

g. Bayview Avenue, from River Street to Rosedale Valley Road, Multi-Use Trail

h. River Street, from Gerrard Street East to Bayview Avenue, Multi-Use Trail

i. Wilmington Avenue, from Finch Avenue to Sheppard Avenue, Bicycle Lane

j. Faywood Boulevard, from Sheppard Avenue to Wilson Avenue, Bicycle Lane

4. City Council enact the amendments to traffic and parking regulations associated with Recommendations 1 and 2 above, and as described in Attachment 4 - Amendments to Traffic and Parking Regulations.

5.  City Council direct the General Manager, Transportation Services to, as part of the design, installation, and monitoring process, work in consultation with the local Councillors and stakeholders to identify and implement changes to the ActiveTO cycling projects as may be necessary to address operational and safety issues as they may arise, including modification or removal of the ActiveTO cycling projects if deemed necessary.

6.  City Council delegate, despite any City of Toronto By-law to the contrary, to the General Manager, Transportation Services, until December 31, 2021, for the purposes of implementing and then addressing operational and safety issues that may arise in relation to the ActiveTO cycling projects, the authority to implement changes and process and submit directly to Council any necessary bills for by-law amendments to the schedules to City of Toronto Code Chapters on the streets and within the parameters as identified in Attachment 5 to the report (May 21, 2020) from the General Manager, Transportation Services, such regulation changes to be in effect no longer than December 31, 2021.

7.  City Council authorize the appropriate City officials to submit directly to Council at the appropriate time any necessary bills to amend the appropriate City of Toronto Municipal Code Chapter, and any Schedules to the Code, to reinstate the traffic and parking regulations to what they were immediately prior to the by-law amendments made in connection with the report (May 21, 2020) from the General Manager, Transportation Services.

8.  City Council request the General Manager, Transportation Services to report back to the Infrastructure and Environment Committee in the fourth quarter of 2021 on the outcome and future recommendations regarding the ActiveTO cycling projects, following up-to a year of monitoring and evaluation.

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

This report seeks Council authority to install approximately 25 centre line kilometres (km), of new cycling infrastructure, for a total of approximately 40 km of on-street cycling infrastructure approved for installation in 2020. 

In July 2019, City Council approved the Vision Zero Road Safety Plan 2.0 and the Cycling Network Plan Update. Both of these guiding documents have goals to reduce traffic fatalities to zero, while also increasing the number of people walking and cycling.

The Cycling Network Plan and the associated Near Term Implementation Plan (2019-2021), adopted by Council in July 2019 seek to build on the existing network of cycling routes to connect gaps in the network, grow the network into new parts of the city, and renew existing parts of the network to improve safety.

The Cycling Network Plan Update names Bloor Street as a Major City-Wide Cycling Route. In summer 2019, Council directed Transportation Services to initiate planning, design and consultation for an extension of the Bloor Street West cycle tracks from where they currently end at Shaw Street, to continue west to High Park Avenue, with implementation targeted to take place as early as summer 2020.

Over the past year, Transportation Services has completed the proposed design, assessed impacts, and undertaken extensive business and community consultation on the Bloor West Bikeway Extension.  The limits of the installation is proposed to be extended further west to Runnymede Road to connect to existing north/south cycling infrastructure.

In response to the COVID-19 health crisis, City Council requested the General Manager, Transportation Services and the Medical Officer of Health to pursue opportunities to provide more space for people to cycle as part of Toronto's Recovery and Rebuild Strategy, and to report back to Council on the possibility of fast-tracking projects within the Cycling Network Plan.

In response to this direction, the ActiveTO program was developed to ensure people have space to get around while respecting physical distancing. ActiveTO initiatives include quiet streets, closing major roads for active transportation, and expanding the cycling network – the latter of which is addressed in this report.

Expanding bikeways will help increase mobility options for people as the City starts to reopen and the need for travel increases. Key parts of the cycling network will be expanded, through accelerated installation of routes in the Cycling Network Plan, to enable people on bikes to move around Toronto safely, with connections to the places they need to go, with particular attention to those that mirror major transit routes.

The cycling network will be expanded rapidly through temporary installations by re-purposing curb lanes along key corridors, deployed as a network, or addressing network gaps as much as possible. Delivery of other Council-approved 2020 Cycling Network implementation projects will continue as scheduled.

Most of the ActiveTO projects aimed at expanding the cycling network contained within this report are proposed as rapid installations with temporary materials and minimal change to the street design. A more transformational Complete Streets approach is proposed for Danforth Avenue, in order to support the main street character and local economy and in keeping with the objectives of the Danforth Avenue Complete Street and Planning Study currently underway.

This report seeks Council authority to install cycle tracks on Bloor Street West, from Shaw Street to Runnymede Road, in addition to the following ActiveTO cycling projects:

• Bloor Street from Avenue Road to Sherbourne St, Cycle Track
• Dundas Street East, from Sackville Street to Broadview Avenue, Cycle Track
  University Avenue / Queens Park, from Adelaide Street to Bloor Street, Cycle Track
• Huntingwood Drive, from Victoria Park Ave to Brimley Road, Bicycle Lane
• Brimley Road, from Kingston Road to Lawrence Avenue, Cycle Track
  Danforth Avenue, from Broadview Avenue to Dawes Road, Cycle Track
• Bayview Avenue, from River Street to Rosedale Valley Road, Multi-Use Trail
  River Street, from Gerrard Street East to Bayview Avenue, Multi-Use Trail
• Wilmington Avenue, from Finch Avenue to Sheppard Avenue, Bicycle Lane
• Faywood Boulevard, from Sheppard Avenue to Wilson Avenue, Bicycle Lane

Subject to Council approval, Transportation Services, with the support of the Medical Officer of Health, proposes to proceed with rapid installation of these projects in summer 2020.

City Council will introduce and enact General Bills and Confirming Bills.

Consolidated Bills Index for May 28, 2020 City Council Meeting
http://app.toronto.ca/tmmis/viewBillBylaw.do?meeting=2020.CC21