Item - 2023.TE9.42

Tracking Status

TE9.42 - 321 Davenport Road - Construction Staging Area

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

City Council Decision

City Council on December 13, 14 and 15, 2023, adopted the following:

 

1. City Council authorize the temporary closure of the south sidewalk, south side parking lane, south side bicycle lane, and the south side eastbound vehicle traffic lane on Davenport Road, between a point 82 metres west of Bedford Road and a point 30 metres further west, and provision of a temporary pedestrian walkway within the closed portion of the curb parking lane and bicycle lane, from December 14, 2023 to July 31, 2024 inclusive to accommodate construction staging operations.

 

2. City Council rescind the existing parking machine regulation in effect 8:00 a.m. to 9:00 p.m., Monday to Saturday, 1:00 p.m. to 9:00 p.m. Sunday, at a rate of $4.00 per 1 hour and for a maximum period of 3 hours on the south side of Davenport Road, between a point 99 metres east of Dupont Street and a point 59 metres west of Bedford Road.

 

3. City Council prohibit stopping at all times on the south side of Davenport Road, between a point 99 metres east of Dupont Street and a point 59 metres west of Bedford Road.

 

4. City Council direct the applicant to sweep the construction site and adjacent sidewalks and roadways daily, or more frequently as needed, to be cleared of any construction debris and made safe.

 

5. City Council direct the applicant to construct and maintain a fully covered, protected and unobstructed walkway for all pedestrians, including for those with mobility devices, for the entire duration of the construction staging area permit to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and ensure that it is compliant with the Accessibility for Ontarians with Disabilities Act.

 

6. City Council direct the applicant to ensure that the existing sidewalks or the proposed pedestrian walkway have proper enhanced lighting to ensure safety and visibility at all times of the day and night.

 

7. City Council direct the applicant to clearly consult and communicate all construction, parking and road occupancy impacts with local Business Improvement Areas and resident associations in advance of any physical road modifications.

 

8. City Council direct the applicant to install appropriate signage and request the applicant to install converging mirrors to ensure that pedestrians, cyclists and motorists safety is considered at all times.

 

9. City Council direct the applicant to provide a sufficient number of traffic control persons as determined by the Work Zone Coordinator and the Toronto Police Construction Liaison Officer on a daily basis to control construction vehicle access and egress to and from the site and maintain a safe environment for the public.

 

10. City Council direct the applicant to provide a sufficient number of pay-duty Police Officers as determined by the Work Zone Coordinator and the Toronto Police Construction Liaison Officer during large scale concrete pours and large scale material deliveries to control vehicle access and egress to and from the site and maintain a safe environment for the public.

 

11. City Council direct the applicant to install cane detection within the covered and protected walkway to guide pedestrians who are visually impaired.

 

12. City Council direct the applicant to post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site.

 

13. City Council direct the applicant to provide and install public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor.

 

14. City Council direct the applicant, in consultation with Transportation Services, to maintain any bicycle lanes and install appropriate signage to inform drivers and cyclists of any changes to the cycling lanes.

 

15. City Council direct the applicant to cooperate with and provide all necessary assistance to the City Engineers, staff and representatives carrying out operation, maintenance, and construction activities to municipal infrastructure within the vicinity of the construction staging area, and at no cost to the City to remove any staging to accommodate the necessary municipal infrastructure work.

 

16. City Council direct that Davenport Road be returned to its pre-construction traffic and parking regulations when the project is complete.

 

17. City Council authorize the General Manager, Transportation Services to issue any and all Temporary Street Occupation permits to 321 Davenport Road Limited for the period of December 14, 2023 to July 31, 2024 inclusive, for a portion of Davenport Road from a point 82 metres west of Bedford Road to a point 30 metres further west, without 321 Davenport Road Limited having to comply with certain requirements of City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of, as more generally described in the report (October 30, 2023) from the Director, Traffic Management, Transportation Services and where the approval conflicts with Chapter 743, Streets and Sidewalks, Use of, the approval of the General Manager, Transportation Services shall prevail to the extent of the conflict.

 

18.  City Council authorize the General Manager, Transportation Services to negotiate, enter into and execute an indemnity agreement with 321 Davenport Road Limited to address the City's interests with respect to any and all temporary street occupations and closures on Davenport Road and any and all permits issued in relation to the project on terms and conditions satisfactory to the General Manager, Transportation Services and in a form satisfactory to the City Solicitor.

 

19. City Council direct that Parts 1 to 17, inclusive, above, be subject to 321 Davenport Road Limited entering into the indemnity agreement in Part 18 above.

Background Information (Community Council)

(October 30, 2023) Report and Attachment 1 from the Director, Traffic Management, Transportation Services on 321 Davenport Road - Construction Staging Area
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-240356.pdf

Communications (Community Council)

(November 14, 2023) Letter from Matthew Rutledge (TE.Supp)

Motions (City Council)

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

That:

 

1. City Council amend Toronto and East York Community Council Recommendation 2, by replacing the rate per hour of “$3.00” with the rate of “$4.00” so it now reads as follows:

 

2. City Council rescind the existing parking machine regulation in effect 8:00 a.m. to 9:00 p.m., Monday to Saturday, 1:00 p.m. to 9:00 p.m. Sunday, at a rate of $4.00 per 1 hour and for a maximum period of 3 hours on the south side of Davenport Road, between a point 99 metres east of Dupont Street and a point 59 metres west of Bedford Road.


Motion to Reconsider Vote moved by Councillor Frances Nunziata (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on Motion 1 by Councillor Dianne Saxe.


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

That:

 

1. City Council amend Toronto and East York Community Council Recommendation 2, by replacing the rate per hour of “$3.00” with the rate of “$4.00” so it now reads as follows:

 

2. City Council rescind the existing parking machine regulation in effect 8:00 a.m. to 9:00 p.m., Monday to Saturday, 1:00 p.m. to 9:00 p.m. Sunday, at a rate of $4.00 per 1 hour and for a maximum period of 3 hours on the south side of Davenport Road, between a point 99 metres east of Dupont Street and a point 59 metres west of Bedford Road.

Vote (Amend Item) Dec-14-2023 10:13 AM

Result: Carried Majority Required - TE9.42 - Saxe - Motion 1
Total members that voted Yes: 22 Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Lily Cheng, Olivia Chow, Mike Colle, Paula Fletcher, Stephen Holyday, Parthi Kandavel, Ausma Malik, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Dianne Saxe, Michael Thompson
Total members that voted No: 2 Members that voted No are Vincent Crisanti, Anthony Perruzza
Total members that were Absent: 2 Members that were absent are Nick Mantas, Jaye Robinson

Motion to Adopt Item as Amended (Carried)

Point of Order by Councillor Anthony Perruzza

Councillor Perruzza, rising on a Point of Order stated that he would like a recorded vote on Motion 1 by Councillor Saxe.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Council had already voted on the amendment and was now voting on Item as amended.


Point of Order by Councillor Anthony Perruzza

Councillor Perruzza, rising on a Point of Order stated that the Speaker is moving very fast and it takes a few seconds to unmute, so the Speaker should have a little respect for Members who are remote.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Council had already voted on the amendment and would Councillor Perruzza like a recorded vote on the Item as amended.


Point of Order by Councillor Anthony Perruzza

Councillor Perruzza, rising on a Point of Order stated that the Speaker is being disrespectful and that he has rights.


Point of Order by Councillor Stephen Holyday

Councillor Holyday, rising on a Point of Order stated that the Speaker can correct him if he is wrong, but he remembered that, under the Procedures By-law, a Member can request a recorded vote either before or immediately after the vote is taken.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Order and ruled that if it was the will of Council, she would accept a motion to reopen the amendment.

TE9.42 - 321 Davenport Road - Construction Staging Area

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

Community Council Recommendations

The Toronto and East York Community Council recommends that:  

 

1. City Council authorize the temporary closure of the south sidewalk, south side parking lane, south side bicycle lane, and the south side eastbound vehicle traffic lane on Davenport Road, between a point 82 metres west of Bedford Road and a point 30 metres further west, and provision of a temporary pedestrian walkway within the closed portion of the curb parking lane and bicycle lane, from December 14, 2023 to July 31, 2024 inclusive to accommodate construction staging operations.

 

2. City Council rescind the existing parking machine regulation in effect 8:00 a.m. to 9:00 p.m., Monday to Saturday, 1:00 p.m. to 9:00 p.m. Sunday, at a rate of $3.00 per 1 hour and for a maximum period of 3 hours on the south side of Davenport Road, between a point 99 metres east of Dupont Street and a point 59 metres west of Bedford Road.

 

3. City Council prohibit stopping at all times on the south side of Davenport Road, between a point 99 metres east of Dupont Street and a point 59 metres west of Bedford Road.

 

4. City Council direct the applicant to sweep the construction site and adjacent sidewalks and roadways daily, or more frequently as needed, to be cleared of any construction debris and made safe.

 

5. City Council direct the applicant to construct and maintain a fully covered, protected and unobstructed walkway for all pedestrians, including for those with mobility devices, for the entire duration of the construction staging area permit to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and ensure that it is compliant with the Accessibility for Ontarians with Disabilities Act.

 

6. City Council direct the applicant to ensure that the existing sidewalks or the proposed pedestrian walkway have proper enhanced lighting to ensure safety and visibility at all times of the day and night.

 

7. City Council direct the applicant to clearly consult and communicate all construction, parking and road occupancy impacts with local Business Improvement Areas and resident associations in advance of any physical road modifications.

 

8. City Council direct the applicant to install appropriate signage and request the applicant to install converging mirrors to ensure that pedestrians, cyclists and motorists safety is considered at all times.

 

9. City Council direct the applicant to provide a sufficient number of traffic control persons as determined by the Work Zone Coordinator and the Toronto Police Construction Liaison Officer on a daily basis to control construction vehicle access and egress to and from the site and maintain a safe environment for the public.

 

10. City Council direct the applicant to provide a sufficient number of pay-duty Police Officers as determined by the Work Zone Coordinator and the Toronto Police Construction Liaison Officer during large scale concrete pours and large scale material deliveries to control vehicle access and egress to and from the site and maintain a safe environment for the public.

 

11. City Council direct the applicant to install cane detection within the covered and protected walkway to guide pedestrians who are visually impaired.

 

12. City Council direct the applicant to post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site.

 

13. City Council direct the applicant to provide and install public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor.

 

14. City Council direct the applicant, in consultation with Transportation Services, to maintain any bicycle lanes and install appropriate signage to inform drivers and cyclists of any changes to the cycling lanes.

 

15. City Council direct the applicant to cooperate with and provide all necessary assistance to the City Engineers, staff and representatives carrying out operation, maintenance, and construction activities to municipal infrastructure within the vicinity of the construction staging area, and at no cost to the City to remove any staging to accommodate the necessary municipal infrastructure work.

 

16. City Council direct that Davenport Road be returned to its pre-construction traffic and parking regulations when the project is complete.

 

17. City Council authorize the General Manager, Transportation Services to issue any and all Temporary Street Occupation permits to 321 Davenport Road Limited for the period of December 14, 2023 to July 31, 2024 inclusive, for a portion of Davenport Road from a point 82 metres west of Bedford Road to a point 30 metres further west, without 321 Davenport Road Limited having to comply with certain requirements of City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of, as more generally described in the report (October 30, 2023) from the Director, Traffic Management, Transportation Services and where the approval conflicts with Chapter 743, Streets and Sidewalks, Use of, the approval of the General Manager, Transportation Services shall prevail to the extent of the conflict.

 

18.  City Council authorize the General Manager, Transportation Services to negotiate, enter into and execute an indemnity agreement with 321 Davenport Road Limited to address the City's interests with respect to any and all temporary street occupations and closures on Davenport Road and any and all permits issued in relation to the project on terms and conditions satisfactory to the General Manager, Transportation Services and in a form satisfactory to the City Solicitor.

 

19. City Council direct that Recommendations 1 to 17, inclusive, above, be subject to 321 Davenport Road Limited entering into the indemnity agreement in Recommendation 18 above.

Origin

(October 30, 2023) Report from the Director, Traffic Management, Transportation Services

Summary

As the Toronto Transit Commission (TTC) operates a transit service on Davenport Road, City Council approval of this report is required.

 

321 Davenport Road Limited is constructing a 9-storey residential condominium building at 321 Davenport Road. The site is located on the south side Davenport Road between Dupont Street and Bedford Road.

 

Transportation Services is requesting approval to close the south sidewalk, south side parking lane, south side bicycle lane, and the south side eastbound lane on Davenport Road for a period of 8 months, from December 14, 2023 to July 31, 2024 inclusive to facilitate construction staging operations. Pedestrian movements on the south side of Davenport Road, abutting the site, will be maintained in a minimum 1.8 metre-wide covered and protected walkway. The eastbound bicycle lane will be temporarily closed, and cyclists will be redirected to a 1.8-metre-wide exclusive bicycle lane within the existing eastbound lane. The construction staging area will result in the loss of five on-street parking machine spaces on the south side of Davenport Road.

 

To accommodate the required staging area, Transportation Services is also requesting the authority for the General Manager of Transportation Services to issue Temporary Street Occupation permits for the developer on Davenport Road, notwithstanding that not all the criteria within the City of Toronto Municipal Code Chapter 743, Streets and Sidewalks, Use of, for so doing would be met.

Background Information

(October 30, 2023) Report and Attachment 1 from the Director, Traffic Management, Transportation Services on 321 Davenport Road - Construction Staging Area
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-240356.pdf

Communications

(November 14, 2023) Letter from Matthew Rutledge (TE.Supp)

Speakers

Matthew Rutledge, Fogler, Rubinoff LLP

Motions

Motion to Adopt Item moved by Councillor Dianne Saxe (Carried)

Motion to Reconsider Item moved by Councillor Brad Bradford (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, the Toronto and East York Community Council reconsider Item TE9.42.


Motion to Adopt Item moved by Councillor Josh Matlow (Carried)
Source: Toronto City Clerk at www.toronto.ca/council