Item - 2023.TE3.6

Tracking Status

  • City Council adopted this item on March 29, 30 and 31, 2023 with amendments.
  • This item was considered by the Toronto and East York Community Council on February 23, 2023 and adopted without amendment. It will be considered by City Council on March 29, 30 and 31, 2023.

TE3.6 - 975 Danforth Avenue - Zoning By-law Amendment Application - Appeal Report

Decision Type:
ACTION
Status:
Amended
Ward:
14 - Toronto - Danforth

City Council Decision

City Council on March 29, 30 and 31, 2023, adopted the following:

 

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Zoning By-law Amendment appeal for the lands at 975 Danforth Avenue and to continue discussions with the applicant in an attempt to resolve outstanding issues.

 

2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request that the issuance of any Final Orders be withheld until such time as the City Solicitor advises that:

 

a. the final form and content of the draft Zoning By-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

 

b. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 

c. the applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; and

 

d. a Construction Management Plan is submitted to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, prior to the commencement of any shoring or excavation work, which includes the requirement for the developer to undertake the following items in addition to the standard City Construction Management Plan:

 

i. establish a Construction Liaison Committee made up of local residents and businesses including a representative of the local Residents Associations to the satisfaction of the local Councillor; the Committee is to meet bi-weekly at the beginning of construction; and notes/action items from the meetings are to be shared with the members and the Councillor’s office in a timely way following each meeting;

               

ii. sweep the construction site daily and nightly, or more frequently as needed to be cleared of any construction debris and made safe;

 

iii. pressure wash the construction site and adjacent sidewalks, laneways and roadways weekly, or more frequently as needed to be cleared of any construction debris and made safe;

 

iv.  ensure that the existing sidewalks and all pedestrian walkways have proper lighting to ensure safety and visibility at all times of the day and night;

 

v. consult and communicate all construction, parking and road occupancy impacts with local businesses and residents in advance of any physical road modifications;

 

vi. install appropriate signage and converging mirrors where necessary to ensure that pedestrians’, cyclists’ and motorists’ safety is considered at all times;

 

vii. post a 24/7 contact number for the site superintendent on the construction hoarding.

 

viii. create a publicly accessible website with regular construction updates and post the website address on the subject site; and

 

ix. include a minimum of 75 percent of advertisement surface area on the construction hoarding to be allocated to artwork at their sole cost. Design is to be reviewed and approved by the Ward Councillor.

 

3. City Council direct the Executive Director, Municipal Licensing an Standards to monitor this development should it be approved by the Ontario Land Tribunal for compliance with the Short Term Rental Regulations.

 

4. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

Background Information (Community Council)

(February 3, 2023) Report and Attachments 1-7 from the Acting Director, Community Planning, Toronto and East York District - 975 Danforth Avenue - Zoning By-law Amendment Application - Appeal Report
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-234311.pdf

Motions (City Council)

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

That:

 

1. City Council amend Toronto East York Community Council Recommendation 2 to add the following new section:

 

"d. construction Management Plan is submitted to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, prior to the commencement of any shoring or excavation work, which includes the requirement for the developer to undertake the following items in addition to the standard City Construction Management Plan:

 

i. establish a Construction Liaison Committee made up of local residents and businesses including a representative of the local Residents Associations to the satisfaction of the local Councillor; the Committee is to meet bi-weekly at the beginning of construction; and notes/action items from the meetings are to be shared with the members and the Councillor’s office in a timely way following each meeting;

               

ii. sweep the construction site daily and nightly, or more frequently as needed to be cleared of any construction debris and made safe;

 

iii. pressure wash the construction site and adjacent sidewalks, laneways and roadways weekly, or more frequently as needed to be cleared of any construction debris and made safe;

 

iv.  ensure that the existing sidewalks and all pedestrian walkways have proper lighting to ensure safety and visibility at all times of the day and night;

 

v. consult and communicate all construction, parking and road occupancy impacts with local businesses and residents in advance of any physical road modifications;

 

vi. install appropriate signage and converging mirrors where necessary to ensure that pedestrians’, cyclists’ and motorists’ safety is considered at all times;

 

vii. post a 24/7 contact number for the site superintendent on the construction hoarding.

 

viii. create a publicly accessible website with regular construction updates and post the website address on the subject site; and

 

ix. include a minimum of 75 percent of advertisement surface area on the construction hoarding to be allocated to artwork at their sole cost. Design is to be reviewed and approved by the Ward Councillor."

 

2. City Council direct the Executive Director, Municipal Licensing an Standards to monitor this development should it be approved by the Ontario Land Tribunal for compliance with the Short Term Rental Regulations.


1 - Motion to Reconsider Item moved by Councillor Paula Fletcher (Final)

That City Council re-open Item TE3.6 for further consideration.


Motion to Adopt Item (Carried)

Motion to Adopt Item as Amended (Carried)

TE3.6 - 975 Danforth Avenue - Zoning By-law Amendment Application - Appeal Report

Decision Type:
ACTION
Status:
Adopted
Ward:
14 - Toronto - Danforth

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Zoning By-law Amendment appeal for the lands at 975 Danforth Avenue and to continue discussions with the applicant in an attempt to resolve outstanding issues.

 

2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request that the issuance of any Final Orders be withheld until such time as the City Solicitor advises that:

 

a. the final form and content of the draft Zoning By-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

 

b. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

 

c. the applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review.

 

3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

Origin

(February 3, 2023) Report from the Acting Director, Community Planning, Toronto and East York District

Summary

On April 29, 2022, a Zoning By-law Amendment application was submitted seeking to permit a 10-storey mixed-use building with commercial uses on the ground floor and 57 dwelling units above.

 

On November 18, 2022, the Applicant appealed the application to the Ontario Land Tribunal ("OLT") as a result of City Council not making a decision on the application within the timeframe legislated by the Planning Act.

 

This report recommends that the City Solicitor and appropriate City staff attend the OLT hearing to oppose the applications in their current form and continue discussions with the applicant to resolve outstanding issues.

Background Information

(February 3, 2023) Report and Attachments 1-7 from the Acting Director, Community Planning, Toronto and East York District - 975 Danforth Avenue - Zoning By-law Amendment Application - Appeal Report
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-234311.pdf

Motions

1 - Motion to Adopt Item moved by Councillor Paula Fletcher (Carried)
Source: Toronto City Clerk at www.toronto.ca/council