Minutes Confirmed on April 1, 2014

City Council on March 20, 2014, adopted the following:

1.         City Council authorize the City Solicitor and other appropriate City staff to attend the Ontario Municipal Board to oppose the appeal of the Zoning By-law Amendment application at 51-77 Quebec Avenue and 40-66 High Park Avenue (Application Number 13 101816 WET 13 OZ) in its current form.

2.         City Council authorize City staff to continue discussions with the applicant to negotiate an appropriate development proposal.

3.         In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request that a Section 37 community benefit contribution be made as discussed in the report (February 5, 2014) from the Director, Community Planning, Etobicoke York District.

4.         City Council direct staff to advise the Ontario Municipal Board of City Council's position that any redevelopment of the lands must also include, in accordance with the housing policies of the Official Plan to the satisfaction of the Chief Planner and Executive Director, City Planning, provisions for a Tenant Relocation and Assistance Plan for the 16 townhouses to be demolished; securing the rental housing tenure of the two remaining apartment buildings at 40 High Park Avenue and 77 Quebec Avenue for a minimum period of twenty (20) years; and providing the appropriate improvements for the two apartment buildings to be retained.

5.         In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold any final orders approving a Zoning By-law Amendment until such time as the City and the Owner have presented to the Board a draft by-law that provides for securing the rental housing matters outlined in Part 4 above; and the Owner has entered into and registered a Section 37 Agreement to the satisfaction of the City Solicitor, that includes provisions for the community benefits noted in Part 3 above and for the rental housing matters outlined in Part 4 above, and the preparation and implementation of a Construction Mitigation and Tenant Communication Plan to the satisfaction of the Director, Community Planning, Etobicoke York District,  prior to final Site Plan Approval.

6.         In the event the Ontario Municipal Board allows the appeal in whole or in part, City Council direct the City Solicitor to request that the owner be required to enter into a Section 37 Agreement to secure, as a convenience mechanism, the required warning clauses from the Toronto Transit Commission and the Toronto District School Board.

City Council on March 20, 2014, adopted the following:

1.         City Council approve the application to demolish the 24 existing residential rental units located in two buildings at 50 and 52 Neptune Drive pursuant to Municipal Code Chapters 667 and 363 subject to the following conditions under Chapter 667 which provide for the replacement of 24 rental housing units with the same housing mix, as outlined in the report (February 3, 2014) from the Director, Community Planning, North York District:

a.         the owner shall provide and maintain twenty-four (24) residential rental units according to the rental floor plans dated October 28, 2013 with any changes to the satisfaction of the Chief Planner and Executive Director, City Planning on the subject site;

b.         the owner shall provide the units in a. above, as rental housing for a period of at least 20 years, comprising 12 one-bedroom units and 12 two-bedroom units, of which at least 20 shall have affordable rents and 4 shall have rents no higher than mid-range rents;

c.         the owner shall provide tenant relocation assistance including the right to return to a replacement rental unit for the eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning;

d.         the owner shall enter into and register one or more Section 111 Agreement(s) to secure the conditions outlined herein and as described in the zoning by-law amendment attached and before the Ontario Municipal Board on November 5, 2013 to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

e.         the owner shall enter into and register a Section 118 Restriction under the Land Titles Act (to the satisfaction of the City Solicitor) agreeing not to transfer or charge those parts of the lands, comprising the 24 replacement rental units, without the written consent of the Chief Planner and Executive Director, City Planning or her designate, to assist with securing the Section 111 Agreement against future owners and encumbrances of the lands to be released only upon the owner obtaining the necessary approvals including the zoning by-law amendment.

2.         City Council authorize the Chief Planner and Executive Director, City Planning to issue the Preliminary Approval of the Section 111 permit to the application under Municipal Code Chapter 667 after the latest of the following has occurred:

a.         satisfaction or securing of the conditions in Part 1 above;

b.         after the Zoning By-law amendments approved by the Ontario Municipal Board have come into full force and effect; and

c.         the issuance of the Notice of Approval Conditions for site plan approval by the Chief Planner and Executive Director, City Planning or her designate, pursuant to Section 114 of the City of Toronto Act, 2006.

3.         City Council authorize the Chief Building Official and Executive Director, Toronto Building to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval referred to in Part 2 above.

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

a.         the owner erect a residential building on site no later than three (3) years from the day demolition of the buildings is commenced; and

b.         should the owner fail to complete the new building within the time specified in condition a. above, the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

5.         City Council authorize the appropriate City officials to take such actions as are necessary to implement Council's decision, including execution of the Section 111 Agreements.

City Council on March 20, 2014, adopted the following:

1.         City Council assume the services installed at 0 Staines Road South of Steeles Avenue East and that the City formally assume the roads within the Plan of Subdivision.

2.         City Council authorize Legal Services to release the performance guarantee held with respect to this Plan of Subdivision.

3.         City Council direct that an assumption By-law be prepared to assume the public highway and municipal services within the Subdivision at 0 Staines Road South of Steeles Avenue East.

4.         City Council authorize and direct the City Solicitor to register the assumption By-law in the Land Registry Office, at the expense of the Owner.

5.         City Council authorize the City Clerk and Treasurer to sign any release or other documentation necessary to give effect to Council's decision.

6.         City Council authorize the appropriate City officials to transfer ownership of the street lighting system constructed within the Plan of Subdivision at 0 Staines Road South of Steeles Avenue East to Toronto Hydro.

City Council on March 20, 2014, adopted the following:

1.         City Council enact the "One Way Traffic Lanes" regulations, as identified in Appendix 1 to the report (February 5, 2014) from the Director, Transportation Services, Scarborough District.

City Council on March 20, 2014, adopted the following:

1.         City Council authorize the permanent closure of the portion of the public lane designated as Part 1 on Reference Plan No. 66R-27101 and shown as Part 1 on Sketch No. PS-2012-083 (the "Existing Lane") upon conveyance to the City and dedication of a new public lane outlet to Balliol Street, designated as Parts 2, 3 and 4 on Reference Plan No. 66R-27101 and shown as Part 2 on Sketch No. PS-2012-083 (the "New Lane"), attached to the report (January 22, 2014) from the Director, Transportation Services, Toronto and East York District.

2.         City Council enact a by-law substantially in the form of the draft by-law attached as Appendix "A" to the report (January 22, 2014) from the Director, Transportation Services, Toronto and East York District.

13.       City Council direct Toronto Community Housing Corporation to work immediately with the Co-operative Housing Federation of Toronto, the Affordable Housing Office, Shelter, Support and Housing Administration, and Social Development, Finance and Administration and City Planning to pursue partnerships with community-based non-profit organizations or co-operative housing providers to establish two mixed-income housing co-operatives within Regent Park, one north of Dundas Street East and one south of Dundas Street East.

14.       City Council direct the General Manager, Transportation Services to install traffic control signals to replace the existing pedestrian crossover at the intersection of Sackville Street and Dundas Street East.

15.       City Council request the General Manager, Transportation Services to report to Toronto and East York Community Council by June 2014 on the installation of a pedestrian crossover connecting Regent Park Boulevard and Regent Park across Dundas Street East.

City Council on March 20, 2014, adopted the following:

1.         City Council support the amendment to Zoning By-law 438-86, as amended, for the lands at 383 Sorauren Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment 6 to the report (January 31, 2014) from the Director, Community Planning, Toronto and East York District.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment, as may be required, for submission to the Ontario Municipal Board to be attached to their Order.

3.         City Council require the Owner to enter into an agreement pursuant to Section 37 of the Planning Act as follows:

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

i.           a cash contribution of $112,500.00 towards improvements to the Wabash-Sorauren Community Centre, with such amount to be indexed upwardly in accordance with the Statistics Canada Non-residential Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date the payment is made; and

ii.          a cash contribution of $112,500.00 towards the City's Capital Revolving Fund for Affordable Housing for the purpose of constructing new affordable rental housing units in Ward 14, with such amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date the payment is made; and

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

i.          the provision of appropriate warning clauses and mitigation measures in the Site Plan Agreement and payments toward mitigation at 393 Sorauren Avenue up to a maximum of $10,000.00 in recognition of the adjacent rail facility and commercial employment uses, to the satisfaction of the Chief Planner and Executive Director, City Planning Division; and

ii.         the provision of an eighty (80) percent transparency opening at the 8th storey architectural frame as shown in Drawing Nos. A.13 and A.14 submitted as Exhibit 8 to the Ontario Municipal Board hearing file No. PL130568 as part of Site Plan Approval to the satisfaction of the Chief Planner and Executive Director of City Planning, to achieve an open frame to allow for skyview and sunlight to the south and north.

4.         Before the Final Order of the Ontario Municipal Board is issued in respect of Site Plan Approval, City Council require the applicant to enter into a Site Plan Agreement under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act.

City Council on March 20, 2014, adopted the following:

1.         City Council approve the request for a permit to remove the privately owned little-leaf linden tree at 56 Garfield Avenue, with the following condition:

a.         The property owner is required to plant one 50mm caliper tulip tree in the north-west corner of the rear yard and must provide five (5) replacement trees, in a combination of planting and cash-in-lieu.

City Council on March 20, 2014, adopted the following:

1.         City Council approve the closure of the sidewalk and the curb lane on the north side of Wellington Street East, between Scott Street and a point 66.8 metres west of Scott Street, from March 21, 2014 to December 31, 2015.

2.         City Council authorize the General Manager, Transportation Services to request the alteration and/or removal of the proposed staging area if required to accommodate the Pan Am festivities during the months of July and August 2015.

3.         City Council approve the removal of the existing "Pay & Display" parking regulation on the north side of Wellington Street East, between Scott Street and Yonge Street.

4.         City Council rescind the existing "No Stopping, 7:30 a.m. to 9:30 a.m., Mon. to Fri., except Public Holidays" restriction on the north side of Wellington Street East, between Scott Street and a point 71.8 metres west of Scott Street.

5.         City Council enact a "No Stopping Anytime" restriction on the north side of Wellington Street East, between Scott Street and a point 71.8 metres west of Scott Street.

6.         City Council direct that Wellington Street East be returned to its pre-construction traffic and parking regulations when the project is complete.

City Council on March 20, 2014, adopted the following:

1.         City Council approve the removal of two sections of the median on Front Street East, west of Yonge Street, generally as shown on Drawing No. 421G-1343 dated February 2014, attached to the report (February 18, 2014) from the Director, Transportation Services, Toronto and East York District.

2.         City Council prohibit southbound left turns at all times to Front Street West, from the driveway on the north side of Front Street West, located approximately 45 metres west of Yonge Street.

3.         City Council prohibit eastbound-to-westbound U-turns at all times, on Front Street West, between Bay Street and Yonge Street.

4.         City Council prohibit westbound-to-eastbound U-turns at all times, on Front Street West, at the break in the median located approximately 45 metres west of Yonge Street.

City Council on March 20, 2014, adopted the following:

1.         City Council approve the removal of the westbound and southbound right-turn channels at the intersection of Lower Sherbourne Street and Lake Shore Boulevard East, generally as shown on Drawing No. 421G-1325 dated February 2014, attached to the report (February 4, 2014) from the Director, Transportation Services, Toronto and East York District.

2.         City Council rescind the westbound right-turn prohibition in effect at all times, from the F. G. Gardiner Expressway Ramp to Lower Sherbourne Street.

City Council on March 20, 2014, adopted the following:

1.         City Council grant an exemption to Toronto Downtown Jazz Society and City of Toronto and World Pride 2014 to operate a beer garden and to serve wine and hard liquor contingent upon the following conditions:

a.         approval of the Alcohol and Gaming Commission of Ontario;

b.         approval of the Medical Officer of Health;

c.         compliance with the City of Toronto’s Municipal Alcohol Policy; and

d.         receipt of all the necessary permits associated with the production of the event i.e., building permit, noise by-law extension permit.

2.         City Council grant permission to Trek for Teens Foundation, Schizophrenia Society of Ontario, Boys and Girls Clubs of Greater Toronto, Camp Jumoke, Autism Speaks Canada and Toronto Downtown Jazz Society to solicit donations in support of their organizations.

3.         City Council grant permission to City of Toronto and World Pride 2014 to use open flame.

4.         City Council grant permission to City of Toronto and World Pride 2014 to use special effects pyrotechnics.

5.         City Council require that the various events compensate the City of Toronto through the Facilities Management Division for all the City of Toronto costs associated with the event.

6.         City Council grant permission to Toronto Downtown Jazz Society to host “ticketed" performances and to solicit donations in support of their organization.

City Council on March 20, 2014, adopted the following:

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (“Registrar”) that the liquor licence application for 1007 Bloor West, operating as Wise Bar ("Premises") is not in the public interest having regard to the needs and wishes of the residents because of their concerns about noise and other disturbances, and that the Registrar should issue a Proposal to Review the liquor licence application.

2.         City Council request the Licence Appeal Tribunal ("LAT") to provide the City with an opportunity to be made a party to any proceedings with respect to the Premises.

3.         City Council authorize the City Solicitor to attend all proceedings before the LAT in this matter and direct the City Solicitor to take all necessary actions so as to give effect to this Motion, including adding and deleting conditions to any liquor licence issued for the Premises, in consultation with the Ward Councillor, which address issues including, but not limited to, noise, safety, security cameras, crowd control, signage, lighting and litter.

City Council on March 20, 2014, adopted the following:

1.         City Council adopt the Recommendations in Confidential Attachment 1 to the report (March 11, 2014) from the City Solicitor.

2.         City Council direct that the confidential instructions to staff in respect of the Ontario Municipal Board hearing be made public at the conclusion of the Council meeting and that the remainder of Confidential Attachment 1 remain confidential.

The following recommendations in Confidential Attachment 1 to the report (March 11, 2014) from the City Solicitor were adopted by City Council and are now public:

1.         City Council advise the Ontario Municipal Board that, subject to the resolution to the satisfaction of the City of all matters related to the appeal, the City supports the settlement in principle of the zoning by-law appeal on the basis arising from the mediation chaired by the Municipal Board on January 27 and 29, 2014, which includes the following key points:

a.         The development proposal does not include a hotel component and the commercial/restaurant component cannot have access to the residential amenity consisting of the central, outdoor pool (both the zoning by-law and the section 37 agreement will confirm this access prohibition);

b.         The height of the component of the structure adjacent to Avenue Road is reduced to 20 storeys (76.05 metres) plus elevator over-run;

c.         The tower, as it addresses Avenue Road, is set back a minimum of 2.7 metres, has a newly-introduced base feature which steps forward 1.5 metres on floors four through six and then steps back 2.5 metres for floors seven through twenty, with a further step back of 2 metres for the mechanical penthouse at the top of the tower;

d.         The height of that component of the structure adjacent to the Neighbourhood to the east is reduced to 14 metres and the east set back is increased to 7.5 metres (landscaped), with no commercial access permitted into that set back area and the adjacent rear lane to the east;

e.         Gross floor area is reduced in accordance with the built form changes and is anticipated to be in the range of: residential GFA 7,960 m² (approximately 61 units), non-residential GFA 1,511 m² and total GFA 9,471 m² (more or less);

f.          The owner will provide community benefits, pursuant to section 37 of the Planning Act, having a value of $650,000, indexed in accordance with City practice, prior to the first above-grade building permit. Such funds shall be used by the City for local streetscaping improvements (specifically the hydro burying initiative in the Yorkville Triangle Neighbourhood) and for capital improvements to local parks and to the Toronto Reference Library. The community benefits will be secured in an agreement pursuant to section 37 of the Act in a form satisfactory to the City Solicitor.

2.         City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to support Council's decision to the Municipal Board and to finalize the elements of the settlement, including the final form of the minutes of settlement and other planning instruments.

The balance of Confidential Attachment 1to the report (March 11, 2014) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation, affecting the City or one of its agencies, boards, and commissions, and advice or communications that are subject to solicitor client privilege.