Item - 2023.TE5.11

The Toronto and East York Community Council recommends that:

1. City Council refuse the application for Zoning By-law Amendment at 33 and 39 Davies Avenue for the reasons set out in the report (May 1, 2023) from the Acting Director, Community Planning, Toronto and East York District.

2. City Council authorize the City Solicitor, together with appropriate staff, to appear before the Ontario Land Tribunal in support of City Council's decision to refuse the application, in the event the application is appealed to the Ontario Land Tribunal.  

3. City Council direct the City Solicitor to request the Ontario Land Tribunal to withhold its order in the event that the project is approved in some form, until the City Solicitor confirms that the following have been secured:

a. the final form of the Zoning By-law Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services, and other appropriate Divisions;  

b. the owner has revised the Site Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and 

c. all comments contained in the Engineering and Construction Services memorandum dated December 31, 2021 are addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services.

4. City Council direct staff to continue to work with the applicant to resolve outstanding issues identified in the report (May 1, 2023) from the Acting Director, Community Planning, Toronto and East York District.

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

On May 27, 2021, a Zoning By-law Amendment application was submitted to permit a 19-storey office tower within an Employment Area on the east side of the Don Valley, north of Queen Street East. In response to feedback received from the community and City Planning the application was subsequently resubmitted on January 13, 2023, with a revised massing and height reduced to 15-storeys.

This report reviews and recommends refusal of the revised application to amend the Zoning By-law, as the proposed built form is not appropriate for the site’s location within a low- and mid-rise employment area adjacent to Neighbourhoods and Joel Weeks Park. The proposal does not conform with the Official Plan and should be refused.