Item - 2018.TE32.13

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor and City Staff, as appropriate, to attend the Local Planning Appeal Tribunal to oppose the Zoning By-law Amendment application for 306-326 Davenport Road in its present form for reasons set out in the report (April 16, 2018) from the Acting Director, Community Planning, Toronto and East York District.

2. City Council authorize the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, to secure services, facilities or matters pursuant to Section 37 of the Planning Act, should the proposal be approved in some form by the Local Planning Appeal Tribunal.

3. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of any Order(s) until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a. the final form of the Zoning By-law Amendments are to the satisfaction of the Acting Director, Community Planning, Toronto and East York District and the City Solicitor; 

b. the owner has provided a wind tunnel test, that is satisfactory to the Acting Director, Community Planning, Toronto and East York District;

c. the owner has provided an updated Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has provided an updated Hydrogeological Report and supporting documents addressing any on-site groundwater to the satisfaction of the General Manager, Toronto Water; and

e. community benefits and other matters in support of the development are secured in a Section 37 Agreement executed by the owner and registered on title to the satisfaction of the Acting Director, Community Planning, Toronto and East York District and the City Solicitor.

On June 2013 the original proposal was submitted for a 10-storey mixed-use building for the properties at 314 to 326 Davenport Road. That project was put on hold in 2014 by the applicant.

A revised application was submitted in October 2017 for a 27-storey, 96.25 metre (including mechanical penthouse) mixed-use building on a larger site with the addition of two properties at 306 and 310 Davenport Road.

On December 4, 2017, the applicant appealed the Zoning By-law Amendment application for the revised proposal to the Local Planning Appeal Tribunal (LPAT) citing Council's failure to make a decision on the application within the timeframe prescribed by the Planning Act.  A pre-hearing is scheduled for June 11, 2018.

This report recommends that the City Solicitor together with Planning Staff and other appropriate Staff be directed to oppose the application in its current form at LPAT.

This proposed building height, massing and setbacks represent overdevelopment of the site and would set a negative precedent in terms of the City's Official Plan's built form policies and the proposal is not consistent with the

Provincial Policy Statement (PPS 2014) and does not conform with the Growth Plan for the Greater Golden Horseshoe (2017).