Item - 2023.TE6.8

Tracking Status

TE6.8 - 148-158 Avenue Road and 220-234 Davenport Road -Zoning By-law Amendment Application - Decision Report - Approval

Decision Type:
ACTION
Status:
Adopted on Consent
Ward:
11 - University - Rosedale

City Council Decision

City Council on July 19 and 20, 2023, adopted the following:

 

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands 148-158 Avenue Road and 220-234 Davenport Road substantially in accordance with the draft Zoning By-law Amendment included as Attachment 6 to the report (June 6, 2023) from the Acting 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.

 

3. City Council direct that, in satisfaction of the parkland dedication requirement pursuant to Section 42 of the Planning Act, and all or a part of the obligations under the Community Benefits Charge By-law, prior to the issuance of the first above grade building permit, the owner shall convey to the City an off-site parkland conveyance, having an approximate area of 365 square metres, comprised of the properties municipally known in the year 2022 as 207 and 209 Avenue Road, free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition, all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

 

4. City Council allow the owner of 148-158 Avenue Road and 220-234 Davenport Road to convey as an in-kind contribution pursuant to subsection 37(6) of the Planning Act free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition, the portion of the properties municipally known in the year 2022 as 207 and 209 Avenue Road, which is beyond the value of the Section 42 parkland dedication requirement, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

 

5. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Part 4 above to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered on title to the lands, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

 

6. City Council direct City Planning staff to report back on the value of the total cost of the in-kind contribution so that City Council may attribute a value to the contribution.

 

7. Before introducing the necessary Bills to City Council for enactment, City Council direct that the applicant shall:

 

a. submit a Functional Servicing and Stormwater Management Report for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 

b. enter into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development according to the transportation report, accepted by the General Manager, Transportation Services and the Functional Servicing Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

 

c. enter into a Heritage Easement Agreement with the City for the property at 224 Davenport Road substantially in accordance with the plans and drawings dated May 12, 2023, prepared by Chris Dikeanos Architects Inc. and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by ERA Architects Inc., dated June 25, 2021, revised May 12, 2023, subject to and in accordance with the Conservation Plan required in Part 7.d. below, to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor; and

 

d. provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for the property at 224 Davenport Road prepared by ERA Architects Inc., dated June 25, 2021, revised May 12, 2023, to the satisfaction of the Senior Manager, Heritage Planning.

 

8. City Council request the Chief Planner and Executive Director, City Planning to secure the following through the site plan approval process:
 

a. an outdoor, publicly accessible source of drinking water;  
  

b. outdoor seating, to be located within or adjacent to the public right-of-way for public use, in consultation with Transportation Services; and
 

c. low-carbon energy strategy as part of the site plan agreement that includes at least the following sustainability measures:

 

i.  a highly energy-efficient building envelope;

 

ii.  low carbon building heating and cooling, including Energy Recovery Units that provide sensible and latent heat recovery from ventilation in each suite;

 

iii.  ample electrical outlets for bicycle charging in the interior bicycle parking area;

 

iv.  fixtures and appliances that are efficient in their use of water and energy;

 

v.  rainwater capture, used for site irrigation;

 

vi.  electric-only appliances or fireplaces for a minimum of 85 percent of the residential units;

 

vii.  motion sensor-controlled LED lighting in common areas;

 

viii.  accommodation for future solar photovoltaic system;

 

ix.  improved Stormwater Management Measures;

 

x.  installation of outdoor (dark sky) downward lighting;

 

xi.  provision of indoor space dedication for household hazardous waste;

 

xii.  diversion of 75 percent of total construction waste from landfill;

 

xiii.  installation of 16.0 metre height of exterior glazing as bird friendly;

 

xiv.  installation of 10 additional Electric Vehicle Supply Equipment spaces; and

 

xv.  installation of cabinet space in kitchen suites for segregated waste.

 

9. City Council request the General Manager, Transportation Services to review and report back on the feasibility of amending Schedule B of the City of Toronto Municipal Code Chapter 925, Permit Parking, to exclude the development located at 148-158 Avenue Road and 220-234 Davenport Road from Permit Parking.
 

10. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore an in-kind community benefit package pursuant to 37(6) of the Planning Act and to report back to City Council for further instruction on any offer of in-kind community benefits made by the applicant over and above the offsite parkland dedication described in the report (June 6, 2023) from the Acting Director, Community Planning, Toronto and East York District.

Public Notice Given

Statutory - Planning Act, RSO 1990

Background Information (Community Council)

(June 6, 2023) Report and Attachments 1 to 5 and 7 to 13 from the Acting Director, Community Planning, Toronto and East York District on 148-158 Avenue Road and 220-234 Davenport Road - Zoning By-law Amendment Application - Decision Report - Approval
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-237140.pdf
(June 22, 2023) Attachment 6 - Draft Zoning By-law Amendment (569-2013)
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-237640.pdf
Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-237308.pdf

Communications (Community Council)

(May 31, 2023) E-mail from Ilia Tulchinsky (TE.Main)
(June 19, 2023) E-mail from Glenn Cohen (TE.Supp)
(June 19, 2023) E-mail from William Stevenson (TE.Supp)
(June 19, 2023) E-mail from Terry Cassaday (TE.Supp)
(June 20, 2023) Letter from Ian Carmichael and John Caliendo (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/te/comm/communicationfile-170661.pdf
(June 20, 2023) E-mail from Jan Petrook (TE.Supp)
(June 21, 2023) E-mail from Carmelina DiCenzo (TE.Supp)
(June 21, 2023) E-mail from Sheryl Murie (TE.Supp)
(June 20, 2023) Letter from Rosaria Morelli (TE.Supp)
(June 21, 2023) Letter from Alan Baker, The Greater Yorkville Residents Association (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/te/comm/communicationfile-170767.pdf
(June 21, 2023) E-mail from Gail and George Ganetakos (TE.Supp)
(June 21, 2023) E-mail from Yun Zhao (TE.Supp)
(June 21, 2023) E-mail from Margaret Isberg (TE.Supp)
(June 21, 2023) E-mail from Rosaria Morelli (TE.New)
(June 21, 2023) E-mail from Margaret McDonald (TE.New)
(June 21, 2023) Letter from Dean Drager (TE.Supp)
(June 20, 2023) Letter from Michael Gagnon, Partner, Gangnon Walker Domes Ltd (TE.Supp)
(June 22, 2023) Letter from Lynda Ackroyd (TE.Supp)

TE6.8 - 148-158 Avenue Road and 220-234 Davenport Road -Zoning By-law Amendment Application - Decision Report - Approval

Decision Type:
ACTION
Status:
Amended
Ward:
11 - University - Rosedale

Public Notice Given

Statutory - Planning Act, RSO 1990

Community Council Recommendations

The Toronto and East York Community Council recommends that:

 

1. City Council amend City of Toronto Zoning By-law 569-2013 for the lands 148-158 Avenue Road and 220-234 Davenport Road substantially in accordance with the draft Zoning By-law Amendment included as Attachment 6 to the report (June 6, 2023) from the Acting 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.

 

3. City Council direct that, in satisfaction of the parkland dedication requirement pursuant to Section 42 of the Planning Act, and all or a part of the obligations under the Community Benefits Charge By-law, prior to the issuance of the first above grade building permit, the owner shall convey to the City an off-site parkland conveyance, having an approximate area of 365 square metres, comprised of the properties municipally known in the year 2022 as 207 and 209 Avenue Road, free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition, all to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

 

4. City Council allow the owner of 148-158 Avenue Road and 220-234 Davenport Road to convey as an in-kind contribution pursuant to subsection 37(6) of the Planning Act free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition, the portion of the properties municipally known in the year 2022 as 207 and 209 Avenue Road, which is beyond the value of the Section 42 parkland dedication requirement, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor.

 

5. City Council authorize the Chief Planner and Executive Director, City Planning to enter into an agreement pursuant to subsection 37(7.1) of the Planning Act (the "In-kind Contribution Agreement") to address the provision of the in-kind contribution identified in Recommendation 4 above to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreement to be registered on title to the lands, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council.

 

6. City Council direct City Planning staff to report back on the value of the total cost of the in-kind contribution so that City Council may attribute a value to the contribution.

 

7. Before introducing the necessary Bills to City Council for enactment, City Council direct that the applicant shall:

 

a. submit a Functional Servicing and Stormwater Management Report for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

 

b. enter into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development according to the transportation report, accepted by the General Manager, Transportation Services and the Functional Servicing Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

 

c. enter into a Heritage Easement Agreement with the City for the property at 224 Davenport Road substantially in accordance with the plans and drawings dated May 12, 2023, prepared by Chris Dikeanos Architects Inc. and on file with the Senior Manager, Heritage Planning, the Heritage Impact Assessment prepared by ERA Architects Inc., dated June 25, 2021, revised May 12, 2023, subject to and in accordance with the Conservation Plan required in Recommendation 7.d. below, to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor; and

 

d. provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for the property at 224 Davenport Road prepared by ERA Architects Inc., dated June 25, 2021, revised May 12, 2023, to the satisfaction of the Senior Manager, Heritage Planning.

 

8. City Council request the Chief Planner and Executive Director, City Planning to secure the following through the site plan approval process:
 

a. an outdoor, publicly accessible source of drinking water;  
  

b. outdoor seating, to be located within or adjacent to the public right-of-way for public use, in consultation with Transportation Services; and
 

c. low-carbon energy strategy as part of the site plan agreement that includes at least the following sustainability measures:

 

i.  a highly energy-efficient building envelope;

 

ii.  low carbon building heating and cooling, including Energy Recovery Units that provide sensible and latent heat recovery from ventilation in each suite;

 

iii.  ample electrical outlets for bicycle charging in the interior bicycle parking area;

 

iv.  fixtures and appliances that are efficient in their use of water and energy;

 

v.  rainwater capture, used for site irrigation;

 

vi.  electric-only appliances or fireplaces for a minimum of 85 percent of the residential units;

 

vii.  motion sensor-controlled LED lighting in common areas;

 

viii.  accommodation for future solar PV system;

 

ix.  improved Stormwater Management Measures;

 

x.  installation of outdoor (dark sky) downward lighting;

 

xi.  provision of indoor space dedication for household hazardous waste;

 

xii.  diversion of 75 percent of total construction waste from landfill;

 

xiii.  installation of 16.0 metre height of exterior glazing as bird friendly;

 

xiv.  installation of 10 additional Electric Vehicle Supply Equipment (EVSE) spaces; and

 

xv.  installation of cabinet space in kitchen suites for segregated waste.

 

9. City Council request the General Manager, Transportation Services to review and report back on the feasibility of amending Schedule B of the City of Toronto Municipal Code, Chapter 925, Permit Parking, to exclude the development located at 148-158 Avenue Road and 220-234 Davenport Road from Permit Parking.
 

10. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore an in-kind community benefit package pursuant to 37(6) of the Planning Act and to report back to City Council for further instruction on any offer of in-kind community benefits made by the applicant over and above the offsite parkland dedication described in the report (June 6, 2023) from the Acting Director, Community Planning, Toronto and East York District.

Decision Advice and Other Information

The Toronto and East York Community Council held a statutory public meeting on June 22, 2023 and notice was given in accordance with the Planning Act.

Origin

(June 6, 2023) Report from the Acting Director, Community Planning, Toronto and East York District

Summary

This report reviews and recommends approval of the application to amend the Zoning By-law to permit the construction of a 108-metre (35-storey, excluding mechanical penthouse) mixed-use building, containing 330 dwelling units and 500 square metres of non-residential gross floor area.

 

The proposal includes the retention and alteration of the heritage structure at 224 Davenport Road and the acquisition of off-site parkland to expand Ramsden Park along Avenue Road.

Background Information

(June 6, 2023) Report and Attachments 1 to 5 and 7 to 13 from the Acting Director, Community Planning, Toronto and East York District on 148-158 Avenue Road and 220-234 Davenport Road - Zoning By-law Amendment Application - Decision Report - Approval
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-237140.pdf
(June 22, 2023) Attachment 6 - Draft Zoning By-law Amendment (569-2013)
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-237640.pdf
Notice of Public Meeting
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-237308.pdf

Communications

(May 31, 2023) E-mail from Ilia Tulchinsky (TE.Main)
(June 19, 2023) E-mail from Glenn Cohen (TE.Supp)
(June 19, 2023) E-mail from William Stevenson (TE.Supp)
(June 19, 2023) E-mail from Terry Cassaday (TE.Supp)
(June 20, 2023) Letter from Ian Carmichael and John Caliendo (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/te/comm/communicationfile-170661.pdf
(June 20, 2023) E-mail from Jan Petrook (TE.Supp)
(June 21, 2023) E-mail from Carmelina DiCenzo (TE.Supp)
(June 21, 2023) E-mail from Sheryl Murie (TE.Supp)
(June 20, 2023) Letter from Rosaria Morelli (TE.Supp)
(June 21, 2023) Letter from Alan Baker, The Greater Yorkville Residents Association (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2023/te/comm/communicationfile-170767.pdf
(June 21, 2023) E-mail from Gail and George Ganetakos (TE.Supp)
(June 21, 2023) E-mail from Yun Zhao (TE.Supp)
(June 21, 2023) E-mail from Margaret Isberg (TE.Supp)
(June 21, 2023) E-mail from Rosaria Morelli (TE.New)
(June 21, 2023) E-mail from Margaret McDonald (TE.New)
(June 21, 2023) Letter from Dean Drager (TE.Supp)
(June 20, 2023) Letter from Michael Gagnon, Partner, Gangnon Walker Domes Ltd (TE.Supp)
(June 22, 2023) Letter from Lynda Ackroyd (TE.Supp)

Speakers

William Stevenson
Walied Khogali, Coalition for Equitable, Inclusive City Development
Glenn Cohen
Peter Jakovcic
Rebecca Gimmi

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Dianne Saxe (Carried)

That:

 

1.  City Council request the Chief Planner and Executive Director, City Planning to secure the following through the site plan approval process:
 

a. an outdoor, publicly accessible source of drinking water;  
  

b. outdoor seating, to be located within or adjacent to the public right-of-way for public use, in consultation with Transportation Services; and
 

c. low-carbon energy strategy as part of the site plan agreement that includes at least the following sustainability measures:

 

i.  a highly energy-efficient building envelope;

ii.  low carbon building heating and cooling, including Energy Recovery Units that provide sensible and latent heat recovery from ventilation in each suite;

iii.  ample electrical outlets for bicycle charging in the interior bicycle parking area;

iv.  fixtures and appliances that are efficient in their use of water and energy;

v.  rainwater capture, used for site irrigation;

vi.  electric-only appliances or fireplaces for a minimum of 85 percent of the residential units;

vii.  motion sensor-controlled LED lighting in common areas;

viii.  accommodation for future solar PV system;

ix.  improved Stormwater Management Measures;

x.  installation of outdoor (dark sky) downward lighting;

xi.  provision of indoor space dedication for household hazardous waste;

xii.  diversion of 75 percent of total construction waste from landfill;

xiii.  installation of 16.0 metre height of exterior glazing as bird friendly;

xiv.  installation of 10 additional EVSE spaces; and

xv.  installation of cabinet space in kitchen suites for segregated waste.

 

2.  City Council request the General Manager, Transportation Services to review and report back on the feasibility of amending Schedule B of the City of Toronto Municipal Code, Chapter 925, Permit Parking, to exclude the development located at 148-158 Avenue Road and 220-234 Davenport Road from Permit Parking.
 

3.  City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the applicant to explore an in-kind community benefit package pursuant to 37(6) of the Planning Act and to report back to City Council for further instruction on any offer of in-kind community benefits made by the applicant over and above the offsite parkland dedication described in the report (June 6, 2023) from the Acting Director, Community Planning, Toronto and East York District.


Motion to Adopt Item as Amended moved by Councillor Gord Perks (Carried)
Source: Toronto City Clerk at www.toronto.ca/council