Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 02, 2021
CASE NO(S).: PL200292
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Timbertrin (Queen Bathurst) LP
Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: MCR 3.0 (c1.5; r2.5) SS2
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit an eight (8) storey mixed-use building
Property Address/Description: 655-663 Queen St. W. & 178 Bathurst St.
Municipality: City of Toronto
Municipality File No.: 19 264479 STE 10 OZ
LPAT Case No.: PL200292
LPAT File No.: PL200292
LPAT Case Name: Timbertrin (Queen Bathurst) LP v. Toronto (City)
Case Name:
LPAT Case Name: Timbertrin (Queen Bathurst) LP v. Toronto (City)
Heard: May 25, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Timbertrin (Queen Bathurst) LP (“Timbertrin”)
Laura Dean
City of Toronto (“City”)
Matthew Longo
DECISION DELIVERED BY SHARYN VINCENT AND ORDER OF THE TRIBUNAL
1The Parties brought a Settlement for the consideration of the Tribunal in order to permit the lands known municipally as 655-663 Queen Street West, together with 178 Bathurst Street, to be redeveloped with an architecturally articulated nine storey mid rise building to be erected on the subject corner site in general keeping with the established and evolving campus of mid-rise buildings ranging in heights up to (9) nine stories along this portion of Queen Street West .
2The 76 unit building was revised to redistribute the massing to better achieve public realm aspirations and transition to the lower existing heights immediately to the west, while addressing urban design objectives, using the Mid Rise Urban Design Guidelines as a helpful, although not explicitly applicable, tool.
3Given that Bathurst Street is the wider of the two frontages, the highest heights are massed to reflect that 30.5 metres right-of-way, with the building stepping down to lesser heights as it continues west.
4The site is located on an Avenue within a Mixed Use Designation within the recognized Strategic Growth Area.
5The current zoning contemplates mixed use development on the site, albeit at lower densities than those proposed and appropriate given the designation.
6On consent, the Tribunal considered the uncontroverted Affidavit and viva voce evidence of Peter Smith, qualified to give opinion evidence in the areas of land use and planning and urban design. In his evidence, Mr. Smith opined that OPA No. 246, which introduced Site and Area Specific Policy 465, while capturing the subject lands, is not yet in-force and effect, and therefore no Official Plan Amendment is required to give consideration to the settlement.
7Similarly, OPA No. 445 which introduces SASP 566, and would capture the subject lands, remains under appeal by a number of parties, including Timbertrin, (Tribunal Case No. (PL200629) and therefore not determinative in this matter.
8The summary conclusions of the sole witness commend the revised proposal, as endorsed by Council, as being consistent with, and in conformity to, Provincial policies and the applicable in-force Official Plan policies, and as being good planning which recognizes and optimizes the special nature of the corridor and the duality of the characters to be addressed by this corner site.
9The Tribunal has reviewed the draft zoning By-law Amendments filed as Exhibits “H” and “I” of Exhibit 1 which reflect the May 5, 2021 resolution of Council, which also stipulate 5 Conditions precedent adopted by the witness, namely:
a. The draft ZBAs implementing the settlement proposal are finalized in a form satisfactory to the Chief Planning and Executive Director, City Planning and City Solicitor:
b. The Owner has withdrawn its appeal of OPA 445 (Queen West Planning Study Tribunal Case No. PL200269)
c. The Owner has withdrawn its appeal of OPA 486 (King Spadina Secondary Plan Tribunal Case No. PL200186)
d. The Owner has provided an updated Functional Servicing and Stormwater Management Reports for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Service.; and
e. The Owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure should it be determined that upgrades and road improvements are required to support the development in the above referenced report.
ORDER
10The Tribunal orders that the appeals are allowed in part, and the draft Zoning By-Law Amendments filed as Exhibits “H” and “I” of Exhibit 1 are approved in principle. The Tribunal withholds its final order until such time as being advised that the Conditions set out in paragraph 9 of this decision have been satisfied.
“Sharyn Vincent”
sharyn vincent
ASSOCIATE chair
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal