Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 07, 2021
CASE NO(S).: PL180105
The Ontario Municipal Board (the "OMB") and the Local Planning Appeal Tribunal (the "LPAT") is continued under the name Ontario Land Tribunal (the "Tribunal"), and any reference to the Ontario Municipal Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Latch Developments Ltd.
Subject: Application to amend the Etobicoke Zoning Code – Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: Limited Commercial – Avenues Zone (AV)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 14-storey mixed-use development
Property Address/Description: 859 The Queensway
Municipality: City of Toronto
Municipality File No.: 17 237625 WET 05 OZ
OMB Case No.: PL180105
OMB File No.: PL180105
OMB Case Name: Latch Developments Ltd. v. Toronto (City)
Heard: By Written Submissions
APPEARANCES:
| Parties | Counsel |
|---|---|
| Latch Developments Ltd. ("Applicant") | D. Bronskill/I. Andres |
| City of Toronto | A. Suriano |
DECISION DELIVERED BY BLAIR S. TAYLOR AND INTERIM ORDER OF THE TRIBUNAL
INTRODUCTION
1On December 21, 2020, the Tribunal issued an Interim Decision concerning the Applicant’s rezoning proposal for the lands known municipally as 859 The Queensway seeking approval for a 14-storey mid-rise building.
2For the reasons set out in the Interim Decision, the Tribunal did not approve the application as presented, but issued an Interim Decision, which granted the Applicant an opportunity to revise the proposal with a height of up to 12 storeys, and with other directions concerning massing and design.
3The Tribunal has now been advised that a proposed settlement has been reached with the City on a revised design.
4In support of the proposed settlement, the Tribunal was asked to consider the land use planning affidavit of Heather Reisman (Exhibit 1), which includes the revised proposal, the Minutes of City Council from April 7 and 8, 2021, and to consider issuing a further Interim Decision approving, in principle, the settlement proposal, subject to a number of conditions being satisfied, including inter alia the form and content of the revised zoning by-law to the satisfaction of the City.
5In her affidavit, Ms. Reisman opines that the settlement proposal at 11 storeys, with about a 20% reduction in gross floor area, an increased rear setback for access to 7.5 metres ("m") and a 2 m stepback for floors 5 to 11, a 1.1 m east setback, a reduction in the number of units to 187, adequately addresses the matters of Provincial Interest in s. 2 of the Planning Act ("PA"), is consistent with the Provincial Policy Statement 2020 ("PPS"), conforms to A Place to Grow: The Growth Plan for the Greater Golden Horseshoe 2020 ("Growth Plan"), and the City’s Official Plan, and represents good planning.
DECISION
6Pursuant to Rule 21 of the Tribunal’s Rules of Practice and Procedure, the Tribunal, having read the affidavit of Ms. Reisman, having reviewed the revised development proposal and having considered the Minutes of City Council dated April 7, and 8, 2021, hereby issues a further Interim Decision approving, in principle, the settlement proposal as found in Ms. Reisman’s Affidavit (Exhibit 1) but will withhold its Final Order subject to the Conditions of the Final Order (as found in Exhibit 1 and appended hereto as Attachment 1), being satisfied.
7The Tribunal finds that: the settlement proposal adequately addresses all the matters of Provincial Interest in s. 2 of the PA, is consistent with the PPS as providing an appropriate form of intensification in an area identified for intensification, conforms to the Growth Plan as being an efficient use of land, compact in form, and utilizing all existing infrastructure and conforms with the City’s Official Plan.
8While approving the settlement proposal in principle, the Tribunal attaches the recommended Conditions of Final Order, which are appended to this Interim Decision and form part of this Interim Decision and, which are marked as Attachment 1.
9In so doing, the Tribunal directs that counsel shall provide a written status update to the Tribunal’s Case Coordinator with regard to the clearing of the conditions in Attachment 1 on or before December 31, 2021.
10This is the Interim Order of the Tribunal.
11I remain seized of this matter, and scheduling permitting, may be spoken to for case management purposes.
"Blair S. Taylor"
BLAIR S. TAYLOR
MEMBER
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.
Proposed Conditions of Final Order 859 The Queensway
OLT File No.: PL180105
The Tribunal withholds its final Order approving the Zoning By-law Amendment application for 859 The Queensway until such time as the City Solicitor confirms the following conditions of approval have been satisfied:
a. the revised proposal as shown on the Settlement Plans dated March 25, 2021 is submitted for a recirculation for comments to all appropriate City divisions and such recirculation is completed, all to the satisfaction of the Chief Planner and Executive Director, City Planning;
b. the form and content of the draft Zoning By-law Amendment is finalized to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;
c. the Applicant and the City have entered into and registered an Agreement under Section 37 of the Planning Act securing the following community benefits and other matters of legal convenience, all to the satisfaction of the City Solicitor:
Community Benefits
A. an indexed cash contribution by the Applicant to the City in the amount of six hundred thousand dollars ($600,000) to be allocated amongst the following at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor:
i. streetscape improvements along The Queensway through the Shop The Queensway Business Improvement Area;
ii. improvements to local parks and trails located in Ward 3, including Queensway Park and Mimico Park Trail; and/or
iii. public art within the vicinity of the site in Ward 3;
B. the amount of the cash contribution above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment of the funds by the Applicant to the City; and
C. in the event that the cash contribution above has not been used for the intended purpose within three (3) years of the Zoning By-law Amendment coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the Site.
Matters of Legal Convenience
D. a 1.9 metre road widening along The Queensway to be conveyed by the Applicant to the City through the Site Plan Control process to the satisfaction of the General Manager, Transportation Services and the City Solicitor;
E. a 5 metre right-of-way rounding at the southwest corner of The Queensway and Plastics Avenue intersection to be conveyed by the Applicant to the City through the Site Plan Control process to the satisfaction of the General Manager, Transportation Services and the City Solicitor;
F. a surface pedestrian clearway easement to be conveyed by the Applicant to the City for public access over the privately-owned portions of the pedestrian clearway along Plastics Avenue on the site; the details, location, and configuration of the pedestrian clearway and easement will be determined and conveyed through the Site Plan Control process and the Applicant shall agree to construct and maintain the pedestrian clearway easement lands at its own cost and expense;
G. the conveyance of any easement or fee simple interest of lands by the Applicant to the City shall be at no cost to the City and for nominal consideration and shall be free and clear of encumbrances, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, as well as the General Manager, Transportation Services as the case may be; without limiting the generality of the forgoing, the cost of preparation and deposit of accepted reference plans shall also be at the Applicant's sole cost and expense;
d. all outstanding transportation matters, including the submission of an accepted revised Transportation Impact Study, Parking Justification Report and Truck Maneuvering Diagrams, to the satisfaction of the General Manager, Transportation Services;
e. all outstanding engineering matters, including the submission of an accepted revised Functional Servicing Report, Stormwater Management Report, Geotechnical Report and Hydrogeological Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
f. the Applicant has entered into an agreement or agreements securing the design, construction and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Transportation Impact Study, Functional Servicing Report, Stormwater Management Report, Geotechnical Report and Hydrogeological Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;
g. the Applicant has provided space within the development for the installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with Sewer By-law Chapter 68-10 and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
h. the Applicant has provided a revised shadow study based on the Settlement Plans to demonstrating the sun and shadow impacts of the Settlement Plans, the satisfaction of the Chief Planner and Executive Director, City Planning;
i. the Applicant has provided a revised Pedestrian Wind Assessment, including a wind tunnel test, and the implementation of any recommended mitigation measures by the Applicant, to the satisfaction of the Chief Planner and Executive Director, City Planning;
j. a Peer Review of the Noise and Vibration Impact Feasibility Study prepared by J.E. Coulter Associates Limited by a third-party Noise and Vibration Consultant retained by the City at the Applicant's sole cost and expense has occurred, and the implementation of any noise and vibration control measures and recommendations as identified through the Peer Review by the Applicant, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services; and
k. the Applicant has provided an Air Quality Study prepared by an Air Quality Consultant, which shall be subject to a Peer Review by a third-party Air Quality Consultant retained by the City at the Applicant's sole cost and expense, and the implementation of any air quality control measures and recommendations identified through the Peer Review by the Applicant, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services.