Item - 2023.TE7.18

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 654-668 Danforth Avenue and to continue discussions with the applicant to resolve outstanding issues.

2. In the event that the Ontario Land Tribunal allows the appeals 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 outstanding issues in relation to site servicing and has submitted revised Functional Servicing, Stormwater Management and Hydrogeological Reports providing confirmation of water, sanitary and stormwater capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and entered into and registered a financially secured agreement satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services to construct, provide, make operational, and warrant any necessary upgrades to existing services and facilities or new services and facilities;

c. the final draft Zoning By-law includes appropriate holding provisions to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

d. the owner has addressed outstanding issues in relation to the requirements of Transportation Services and Solid Waste Management Services as set out in the memo from Development Engineering to City Planning dated April 28, 2023, to the satisfaction of the General Manager, Transportation Services and the General Manager, Solid Waste Management Services;

e. the owner has provided the City with a withdrawal letter for the appeal of Official Plan Amendment 573 (The Danforth Avenue Planning Study – Segment 2 – Don Valley to Coxwell) to be held in escrow until the Zoning By-law Amendment is in full force and effect; and

f. 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:

1. 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;

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

3. 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;

4.  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;

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

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

7. post a 24 hours a day/7 days a week contact number for the site superintendent on the construction hoarding;

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

9. 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 request the City Solicitor to make the inclusion of affordable housing as a priority in their negotiations with the applicant.

4. City Council direct Transportation Services to report back to the Toronto and East York Community Council on excluding the development at 654-658 Danforth Avenue and any other addresses for the development at 654-658 Danforth Avenue from the on-street permit parking program.

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

On August 17, 2022 the City received a Zoning By-law Amendment application seeking permission for a 49-storey mixed-use building on the site at the northeast corner of Pape and Danforth Avenues. The ground level includes a shared residential and office lobby, as well as retail and commercial uses fronting onto Danforth Avenue and a portion of Pape Avenue. Office uses are proposed from the third to fifth floors with the residential use proposed from the sixth to 49th floors. The proposal includes a total of 496 dwelling units, 29,756 square metres of residential gross floor area, 4,743 square metres of non-residential gross floor area, and three levels of underground parking.

On May 12, 2023 the applicant appealed this application to the Ontario Land Tribunal due to Council's failure to make a decision within the time frame prescribed by the Planning Act. A first Case Management Conference has been scheduled by the Ontario Land Tribunal for October 2, 2023.

This report recommends that the City Solicitor and appropriate City staff attend the Ontario Land Tribunal hearing to oppose the application in its current form and continue discussions with the applicant in an attempt to resolve outstanding issues.