Other Items Considered by the Committee.

(a)Official Plan Policies and Related By-laws Regarding the

Conversion of Condominiums and Demolition of Rental Housing.

The Urban Environment and Development Committee reports having:

(A)endorsed Recommendations Nos. (1), (9), (10) and (11) embodied in the following report (October 15, 1998) from the Commissioner of Urban Planning and Development Services;

(B)referred the following motion to the Community Councils and the Commissioner of Urban Planning and Development Services for review and comment thereon to the November 30, 1998 meeting of the Urban Environment and Development Committee:

Moved by Councillor Moscoe:

'That the Urban Environment and Development Committee recommend to Council that:

(1)Recommendation No. (2)(a), embodied in the report (October 15, 1998) from the Commissioner of Urban Planning and Development Services, be amended as follows:

135.1-(i)delete the words "where appropriate"; and

(ii)strike out the word "discouraging" and insert in lieu thereof the word"prohibiting";

135.3-add the word "only" after the words "rented residential units";

135.4-delete the words "whenever possible" and "wherever appropriate";

135.5-strike out (a) and insert in lieu thereof the following:

"(a)to prohibit redevelopment applications which involve the demolition of rental units without replacement of those rental units with an equivalent number of rental units of a similar number, type, size, and level of affordability in the new development, or the equivalent number of such units which, in the opinion of City Council, is consistent with the intent of this policy; and";

(2)the following new Recommendations (12) and (13) be added thereto:

"(12)notification of applications involving the demolition of rental units be extended to all tenants, and the application fees be adjusted to cover the costs thereof; and

(13)the Commissioner of Urban Planning and Development Services be requested to submit a report to the Urban Environment and Development Committee on the feasibility of establishing a provision that no building permit be issued and no planning application be considered for properties which have outstanding City work orders against them;"';

(C)requested the Commissioner of Urban Planning and Development Services to submit a report to the November 30, 1998 meeting of the Urban Environment and Development Committee on:

(i)the feasibility of City Council requesting all political parties running in the next provincial election to commit to the introduction of controls regarding the conversion to condominium and demolition of rental housing; such report to include appropriate rationale and documentation in support of a request of this nature; and

(ii)the feasibility of amending Parts A.1(e) and A.2(e) of Appendix A to expand the notification period beyond fourteen (14) days for tenants of rental housing for which applications for conversion to condominium or demolition have been received; and

(D)requested the Chief Building Official to communicate (e.g., by fax) directly with all Members of Council, the City Solicitor, the Commissioner of Urban Planning and Development Services, and the Chief Planner, whenever an application is received for either conversion to condominium or demolition of rental housing; such communication to include the basic details of the affected rental housing (e.g.,number of units, tenants, etc.).

(October 15, 1998) from the Commissioner of Urban Planning and Development Services recommending that:

(1)the Urban Environment and Development Committee schedule a statutory public meeting for November 30, 1998 to consider proposed official plan amendments with respect to the conversion of rental housing to condominium and the demolition of rental housing as detailed in Recommendation No. (2);

(2)Council adopt new official plan policies to regulate the conversion to condominium and demolition of rental housing by:

(a)adding the following new section to the Metropolitan Toronto Official Plan:

Section 3.2.3 Conversion and Demolition of Rental Housing

It is the policy of Council:

135.1to preserve, maintain and, where appropriate, replenish the supply of residential buildings, and particularly rental buildings, across the City of Toronto by restricting the demolition of residential property and the conversion of rental units to condominium, and by discouraging the conversion of rental units to equity co-operative;

135.2to restrict the conversion to condominium of any building, or any related group of buildings, including equity co-operatives, containing six or more rented residential units as it would be premature and not in the public interest, unless the vacancy rate in the City of Toronto, as reported by Canada Mortgage and Housing Corporation, for private rental apartments and townhouses, respectively, has been at or above 2.5percent for the preceding two-year reporting period;

135.3despite Policy 135.2, to consider allowing the conversion of buildings containing six or more rented residential units where the rents that were charged for each unit in the building or related group of buildings one year prior to the application, were at or above the average high-end rent level by unit type as prescribed by Council from time to time, and based on Canada Mortgage and Housing Corporation reports;

135.4to seek, whenever possible, the retention of rented residential units, and to consider, where appropriate, acquiring or leasing the property where such units are at risk of being demolished;

135.5(a)when considering redevelopment applications involving the demolition of rented residential units, to seek the replacement of the demolished rental units with rental units of a similar number, type, size, and level of affordability in the new development, and/or alternative arrangements, which in the opinion of Council are consistent with the intent of this policy; and

(b)when considering such applications in the context of an increase in height and/or density, to secure such replacement units and/or alternative arrangements through an appropriate legal agreement under Section 37 of the Planning Act;

(b)adding the following definition under the Glossary of Terms, Section1.4.4 of the Metropolitan Toronto Official Plan:,

"related group of buildings"

buildings that are under the same ownership and on the same parcel of land as defined in the Planning Act;

(c)deleting the following sections dealing with conversions:

(i)sections 2.5.6, 4.5.3, 4.5.4 and 4.5.5 in the East York Official Plan;

(ii)sections 2.2.13 and 11.15.2 and the words "or conversion of existing rental accommodation" in sections 11.15.3 and 11.15.4 in the Etobicoke Official Plan;

(iii)sections 2.6.2 and 2.6.3 in Part C.4 of the North York Official Plan;

(iv)section 6.18 in the Toronto Official Plan; and

(v)section 9.7(b) and item 6. in Part (B) in Appendix I of the YorkOfficial Plan;

(d)deleting the following sections dealing with demolitions:

(i)section 2.6.3 in Part C.4 of the North York Official Plan;

(ii)section 2.2.15 in the Etobicoke Official Plan;

(iii)section 9.8 in the York Official Plan;

(iv)section 6.19 in the City of Toronto Official Plan; and

(v)sections 4.10 and 4.10.1 in the East York Official Plan;

(e)deleting the following sections dealing with the replacement of housing:

(i)section 2.6.4 in Part C.4 of the North York Official Plan; and

(ii)section 2.2.16 in the Etobicoke Official Plan; and

(f)making any related technical amendments to the Official Plans listed in Recommendations Nos. (2) (b), (c), (d) and (e) above, to reflect the amendment and deletion of the sections;

(3)upon adoption of the Official Plan policies outlined in Recommendation No.(2) above, Council delegate the responsibility for hearing deputations on condominium conversion applications to meetings of the respective Community Councils and authorize the amendment of the Procedural By-law as necessary, and repeal the interim policies and procedures that Council adopted in Clause No. 4 of Report No.7 of The Urban Environment and Development Committee on June 3, 4 and5, 1998;

(4)Council adopt the application, notice and meeting requirements for condominium conversion and demolition applications detailed in Appendix A;

(5)Council resolve that for the purposes of defining "high-end rental units" in accordance with Policy No. 135.3 (refer to Recommendation No. (2)(a) above), the factor of 1.5 times the City's average rent (by bedroom size), as detailed in AppendixB, shall be used.

(6)Urban Planning and Development Services staff be requested to review the demolition control by-laws of the former municipalities with respect to, among other matters, the scope and coverage of the various by-laws, as well as the delegation procedures, conditions, penalties and enforcement issues, and report back to the Urban Environment and Development Committee on harmonizing the by-laws;

(7)as an interim measure, Council enact a by-law in the form of the attached draft Bill (Appendix C) which designates the former City of Scarborough as a demolition control area pursuant to section 33 of the Planning Act, requires Council to approve the issuance of demolition permits for residential properties containing six or more units, and delegates to the Chief Building Official the authority to issue demolition permits for residential properties containing five or fewer dwelling units;

(8)authority be granted to apply to the Province for special legislation on demolition control substantially in the form of the draft Private Bill contained in Schedule A of Appendix D which would extend the former City of Toronto's special legislation to all of the new City;

(9)a copy of this report and the Committee's action be forwarded to the Community Councils for review at their meetings scheduled to be held on November 12, 1998 with a request that their comments be made available for the Urban Environment and Development Committee's consideration at its November 30, 1998 public meeting;

(10)a copy of this report be forwarded to the Minister of Municipal Affairs and Housing to fulfill the consultation requirement with respect to the Minister's recent announcement of exempting amendments to the City's Official Plan from Provincial approval; and

(11)the appropriate City officials be authorized to undertake any necessary action to give effect thereto, including preparing and introducing any necessary Bills and giving notice of the public meeting.

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The following persons appeared before the Urban Environment and Development Committee in connection with the foregoing matter:

-Ms. Jane Pepino, Aird and Berlis, Barristers and Solicitors, on behalf of GoldlistProperties;

-Mr. Howard Tessler, Executive Director, Federation of Metro Tenants' Associations; and also filed a written brief with respect thereto;

-Mr. Gary Griesdorf, Executive Director, Greater Toronto Apartment Association;

-Councillor Jack Layton, Don River;

-Councillor Mario Giansante, Kingsway-Humber; and

-Councillor Joe Mihevc, York-Eglinton.

(b)Examination of Service Levels for

Road Maintenance and Related Budget Implications.

The Urban Environment and Development Committee reports having:

(A)recommended to the Budget Committee and the Strategic Policies and Priorities Committee:

(1)the adoption of the following report (October 15, 1998) from the GeneralManager, Transportation Services Division, subject to:

(a)amending Recommendation No. (1)(a)(ii) by striking out the words "continue to", and adding the word "Etobicoke" after the word "Scarborough,"; so that the Recommendation shall now read as follows:

"(1)(a)(ii)the City clear the windrows of snow from single-family residential driveways in the North York, Scarborough, Etobicoke and Forest Hill communities;"';

(b)amending Recommendation No.(1)(a)(v) to provide that all senior citizens over the age of 65years immediately receive the services outlined therein for the 1998/1999 winter season, viz:

"(1)(a)(v)The City provide a sidewalk and windrow clearing service to all senior citizens over the age of 65years, and disabled residents residing in single-family residences. This service is subject to no other occupant who is under the age of 65 years residing in the same house and who is capable of removing snow. This service to be provided at no charge to eligible recipients."; and

(c)amending Recommendation No. (4)(i) by adding thereto the words "with the exception of the former Cities of Etobicoke and Scarborough where the current level of leaf pick-up services would continue to be provided in the 1999 fall season"; so that the Recommendation shall now read as follows:

"(4)(i)starting in the fall of 1999 residents in all areas be required to bag leaves from their property to be collected by the Solid Waste Management Services Division, with the exception of the former Cities of Etobicoke and Scarborough where the current level of leaf pick-up services would continue to be provided in the 1999 fall season;";

(2)that there be no loss in snow removal service to individual properties for the1998/1999 winter season, as recommended in Recommendations Nos.(1)(a)(ii)and(iii); and

(3)that this matter be submitted to Council for its meeting scheduled to be held on November25, 1998;

(B)requested the Chief Administrative Officer to submit a report either to the November 10, 1998 meeting of the Budget Committee, if possible, or directly to the November 25, 1998 meeting of Council, on

(1)the establishment of a reserve in the area of road maintenance and related services whereby operating savings are placed in such reserve and used to equalize service levels in 1999 and 2000; and

(2)an envelope program whereby services can vary between the former municipalities but the total expenditures are somewhat equalized; and

(C)requested the Chief Financial Officer and Treasurer to submit a report to the November 10, 1998 meeting of the Budget Committee on the source of funding for the $125,000.00 that would be required to provide the services outlined in Recommendation No. (1)(a)(v) for the 1998/1999 Winter Season:

(October 15, 1998) from the General Manager, Transportation Services, regarding the harmonization of service levels for road maintenance throughout the new City of Toronto.

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Mr. Gary H. Welsh, Director, Transportation Services, District Four, made an overhead presentation to the Urban Environment and Development Committee in connection with the foregoing matter.

The following Members of Council appeared before the Urban Environment and Development Committee in connection with the foregoing matter:

-Councillor Mario Giansante, Kingsway-Humber;

-Councillor Joe Mihevc, York-Eglinton; and

-Councillor Frances Nunziata, York-Humber.

(c)Scarborough Group Home Zoning By-law No. 25225

and Appeals to the Ontario Municipal Board by

the Former Municipality of Metropolitan Toronto,

the Catholic Children's Aid Society and the

St. Leonard's Society of Metropolitan Toronto.

The Urban Environment and Development Committee reports having:

(1)referred this matter to the Scarborough Community Council; and

(2)requested the Scarborough Community Council to forward its comments with respect thereto to the Urban Environment and Development Committee for consideration at its meeting scheduled to be held on November 30, 1998:

(i)(October 15, 1998) from the Commissioner of Urban Planning and Development Services recommending that:

(1)Council repeal Scarborough Zoning By-law No. 25225;

(2)authority be granted to introduce the necessary Bills at Council; and

(3)the appropriate City officials be authorized to undertake any necessary action to give effect thereto and advise the Ontario Municipal Board of Council's decision;

advising that Scarborough By-law No. 25225 increases the separation distance between group homes from 300 metres to 800 metres; however there is no planning rationale or apparent need for the aforementioned increased separation distance; that the repeal of the By-law will nullify the appeals and eliminate the need for an Ontario Municipal Board hearing; and stating that the former municipalities' group home policies will be reviewed in the preparation of the new Official Plan and City-wide implementation policies.

(ii)(October 15, 1998) from the Commissioner of Community and Neighbourhood Services expressing the Department's support of the Community and Neighbourhood Services Department for the repeal of the Scarborough Group Home Zoning By-law No.25225, as recommended by the Commissioner of Urban Planning and Development Services in her report dated October 15, 1998, to the Urban Planning and Development Committee.

(iii)(August 25, 1998) from the City Clerk advising that the Council of the City of Toronto at its meeting held on July29,30and31, 1998, struck out and referred Clause No. 15 of Report No. 7 of TheScarborough Community Council, headed "Ontario Municipal Board Appeal -Group Homes", to The Urban Environment and Development Committee for consideration.

(d)Support of the Dundas E.A.S.T.

(Everybody's Access to Safe Travel) Project.

The Urban Environment and Development Committee reports having referred the following recommendation oftheToronto Pedestrian Committee, embodied in the following communication, to the General Manager, Transportation Services:

"(c)that appropriate staff be requested to prepare a brief report by February 1999 on how this greening can occur throughout the new City as a means of: increasing sustainable transportation (walking, cycling, transit); reducing costs, air pollution, smog, and paved surfaces; and the beautification of Toronto as property values are increased.":

(September 28, 1998) from the City Clerk advising that the Toronto Pedestrian Committee on September 17, 1998, had before it a motion for consideration regarding support of the Dundas E.A.S.T. project; such motion containing the following operative paragraphs:

"THEREFORE BE IT RESOLVED THAT the Toronto Pedestrian Committee:

(a)fully support initiatives such as proposed by DUNDAS E.A.S.T. which calls for wider sidewalks, bicycle lanes, treed boulevards, and a general "greening" of the street; and recommends to Toronto Council that it implement this project as a model for similar "greening" of future projects (as called for in the Official Plan);

(b)that appropriate staff be requested to report on this project, including the entire right-of-way; and

(c)that appropriate staff be requested to prepare a brief report by February 1999 on how this greening can occur throughout the new City as a means of: increasing sustainable transportation (walking, cycling, transit); reducing costs, air pollution, smog, and paved surfaces; and the beautification of Toronto as property values are increased."

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The following persons appeared before the Urban Environment and Development Committee in connection with the foregoing matter:

-Ms. Joan Doiron, Co-Chair, Toronto Pedestrian Committee; and

-Mr. Bill Brown, Dundas E.A.S.T. Project; and also filed a written brief with respect thereto.

(e)Urban Design Guidelines for Parking Facilities in the Kings, Downtown.

The Urban Environment and Development Committee reports having:

(1)referred the following report back to the Commissioner of Urban Planning and Development Services; and

(2)requested the Commissioner to submit a further report to the Urban Environment and Development Committee on the feasibility of establishing a policy whereby parking structures greater than 5000 square metres would be subject to the one percent for art policy:

(October 15, 1998) from the Commissioner of Urban Planning and Development Services recommending that Council adopt the urban design guidelines for parking facilities in TheKings districts.

(f)"Prudent Avoidance" Policy on Siting Cellular Telephone Transmission Towers.

The Urban Environment and Development Committee reports having referred the following communication to the Commissioner of Urban Planning and Development Services for a report thereon, in consultation with the Medical Officer of Health; such report to include the development of a policy which results in a master agreement that establishes fair rental rates of return for lease of public land, as per the Federation of Canadian Municipalities' discussion papers on lease of rights-of-way:

(October 14, 1998) from Councillor John Adams, Midtown, recommending that the ChiefPlanner, in consultation with the Medical Officer of Health, be directed to review and report on a policy for the appropriate siting of wireless (cellular) telephone transmission towers and that this policy be based on the idea of "prudent avoidance"; stating that the City of Toronto should adopt such a policy, and should have a rule that wireless telephone transmission towers should be located outside residential neighbourhoods and at least 200metres from schools and day care centres.

(g)Rapid Transit between Eglinton Avenue West and Black Creek,

and Eglinton Avenue West to the Airport.

The Urban Environment and Development Committee reports having referred the following communication to the Commissioner of Urban Planning and Development Services for consideration at the appropriate time:

(October 9, 1998) from the City Clerk advising that City Council on October 1 and 2, 1998, referred the following Motion to the Urban Environment and Development Committee for consideration:

Moved by:Councillor Nunziata

Seconded by:Councillor Berardinetti

"WHEREAS years of study, planning and engineering work went into the Eglinton Subway before the Province cancelled its construction; and

WHEREAS rapid transit plans within Toronto will be developed at some point over the coming years;

NOW THEREFORE BE IT RESOLVED THAT the Commissioner of Urban Planning and Development Services be directed to include in her review and studies of rapid transit in Toronto, an evaluation of rapid transit between Eglinton Avenue West and Black Creek, and Eglinton Avenue West to the airport."

(h)Future of Industrial Lands in the City of Toronto.

The Urban Environment and Development Committee reports having

(1)referred the following suggestion, embodied in the communication (August 10, 1998) from Mr. O'Donohue, to the Economic Development Committee for consideration, viz:

"(4)that City Council develop a marketing strategy for attracting industries;";

(2)referred the remainder of the aforementioned communication to the Commissioner of Urban Planning and Development Services for consideration as part of the Portlands study; and

(3)requested the Commissioner of Urban Planning and Development Services to submit a report to the Urban Environment and Development Committee, as part of the new Official Plan process, on the development of a City-wide industrial reinvestment strategy:

(August 10, 1998) from Mr. Tony O'Donohue, President, Environmental Probe Ltd., expressing concern regarding the gradual erosion of industrial-zoned lands, especially in the former City of Toronto; and suggesting that City Council take the following action:

(1)recognize the gradual erosion of industrial land;

(2)complete a detailed study of industrial lands by qualified urban planners;

(3)review the definition of industry and include provisions for 'high tech' industries;

(4)develop a marketing strategy for attracting industries; and

(5)do not rezone any more industrial lands while the study is underway.

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The following persons appeared before the Urban Environment and Development Committee in connection with the foregoing matter:

-Mr. Tony O'Donohue, President, Environmental ProbeLtd., and also filed a written brief with respect thereto; and

-Mr. Alfredo Romano, Castan Corporation.

(i)F.G. Gardiner Expressway East Dismantling Project.

The Urban Environment and Development Committee reports having been orally advised by the Chair of the Committee that, at the request of the local Councillors, the F.G. Gardiner Expressway East Dismantling Project has been further deferred to the meeting of the Urban Environment and Development Committee scheduled to be held on November30 and December 1, 1998, and all interested parties have been advised thereof.