Weston Road Limited Partnership v. Toronto (City), 2022 CanLII 51254

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 10, 2022

CASE NO(S).: OLT-22-002217

(Formerly) PL210256

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Weston Road Limited Partnership

Subject: Application to amend Zoning By-law No. 1-83 and Zoning By-law No. 569-2013 - Refusal or neglect of the City of Toronto to make a decision

Existing Zoning: RM2 (Residential Multiple) by Zoning By-law No. 1-83 and RA (Residential Apartment) by Zoning By-law No. 569-2013

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit a 38-storey mixed-use building

Property Address/Description: 1821 – 1823 and 1831 Weston Road

Municipality: City of Toronto

Municipality File No.: 19 254711 WET 05 OZ

OLT Case No.: OLT-22-002217

Legacy Case No.: PL210256

OLT Lead Case No.: OLT-22-002217

Legacy Lead Case No.: PL210256

OLT Case Name: Weston Road Limited Partnership v. Toronto (City)

Heard: April 4, 2022 by Video Hearing

APPEARANCES:

Parties

Counsel

Weston Road Limited Partnership

M. Foderick and D. Angelucci

City of Toronto

R. Ivanov

Metrolinx

M. Poremba

DECISION DELIVERED BY G. BURTON AND INTERIM ORDER OF THE TRIBUNAL

1This was an application by Weston Road Limited Partnership (“Weston LP”/ “Applicant”/ “Owner”) for a Zoning By-law amendment to permit a mixed use structure in the Weston Neighbourhood, close to the intersection of Weston Road and Lawrence Avenue West, in the City of Toronto (“City”). It is essentially next to the Weston GO station. The municipal addresses are 1821-1823 and 1831 Weston Road. Weston Road runs on an east-west diagonal in this area.

2The first application for a Zoning By-law amendment (November 28, 2019) was for a 38-storey, mixed-use building, with a six-storey podium. This was revised and a community meeting held. An Appeal to the Ontario Land Tribunal (“OLT” or “Tribunal”) was launched under s. 34(11) of the Planning Act (“Act”) on April 19, 2021. The Applicant submitted revised plans in November 2021, followed by settlement discussions and mediation.

3Weston LP has now made an offer to settle the Appeal. This proposal is attached to the Affidavit of Louis Tinker, Exhibit 1, as Exhibit D (the “Settlement Proposal”). City Council accepted the proposal on February 2 and 3, 2022, subject to the conditions set out in Exhibit E of Mr. Tinker’s Affidavit.

4Metrolinx, operator of the Weston GO Station, had requested Party status to the Appeal. This was granted upon consent of the Parties.

5Mr. Tinker, a well-qualified and experienced land use planner, provided the required evidence for the Owner in the Hearing. His time in private practice was enhanced by experience with the City as well. He has often been qualified by the Tribunal to provide expert testimony in land use planning.

6Bousfields, his current employer, had been retained by Weston LP in May 2018 to provide land use planning advice with respect to the subject lands. Mr. Tinker prepared materials filed with the application for a Zoning By-law amendment for the site. He attended public meetings and private mediation sessions. He prepared a Planning and Urban Design Rationale in support of the Application, dated November 2019; attached to his affidavit as Exhibit C. Finally, he also reviewed the Weston LP settlement offer to the City.

7In the Settlement Proposal, Exhibit D to his affidavit, the Owner referred to the revised plans. The Settlement Proposal was accepted by City Council on February 2 and 3, 2022, subject to the conditions set out in Exhibit E to the affidavit.

The Site

8The site has 41.25 metres (“m”) of frontage on Weston Road and is 86.89 m deep, currently containing a place of worship as well as a two-storey mixed-use commercial-residential building at 1821-1823 Weston Road. There are two driveways from Weston Road, both permitting access to the shared parking area to the rear.

9Immediately to the north is the Weston GO Transit Station, constructed in 2013. Included is a parking lot to the west of the station. GO Transit’s Kitchener Line and the Union Pearson Express (“UP Express”) both have tracks and stops here.

10The neighbourhood is principally a mix of one- to three-storey mixed-use buildings, with retail uses and office or residential uses above. There is no consistent streetwall along Weston Road. There are, however, some taller structures nearby. A 21-storey apartment building owned by Toronto Community Housing (5 Bellevue Crescent) is oriented perpendicular to the street, and east of the site are two ‘slab-style’ 25-storey apartments at 1765-1775 Weston Road. These are oriented perpendicular to Weston

Road, with no pedestrian entrances or windows facing the street. They share a single-

storey amenity area at the centre, and an underground parking garage accessed by north and south driveways. The balance of the property is open landscaped space.

11Weston Road is a Minor Arterial, with many Toronto Transit Commission (“TTC”) bus routes. The Kitchener GO Line has continual service, being part of the Metrolinx Regional Express Rail expansion.

The Settlement

12The Settlement Proposal would result in a mixed-use building with approximately 485 dwelling units, and a combined residential and non-residential floor area of 35,303 square metres (“m2”) (380,000 square feet (“sq ft”)), up from 32,495 m2 in the original proposal. There would still be a podium and tower configuration, with an increase in height to 141 m and 45 storeys rather than 38, plus a mechanical penthouse.

13There are (altered) stepbacks and setbacks for the podium portion of the building, to preserve privacy among other goals. There could be privately-owned publicly accessible spaces (“POPS”) between this parcel and the Weston GO station at the time of site plan approval.

14The Settlement Proposal includes a repositioning of the tower portion, a maximum tower floor plate, and further setbacks. There would be no projecting balconies where the side yard setback is less than 12.5 m. The parking access ramp would be integrated into the massing of the rear podium wall, with a turning circle there. This would create at-grade landscaped open space along the northern edge of the parcel (to be used as an outdoor amenity or POPS, or for a public connection to the Weston GO Station at site plan approval). There would be increased indoor and outdoor amenity space.

15The residential unit mix complies with the City’s Growing Up Guidelines.

Applicable Policies

16Mr. Tinker provided his expert opinion that the application meets all applicable provincial and City policy documents. It is consistent with the Provincial Policy Statement (2020) respecting intensification and compact built form, especially in areas well-served by public transit such as this one. It will provide compact, mixed-use development at a density for new housing that efficiently promotes active transportation and nearby transit, including corridors and stations. In particular, it promotes the efficient use of land and infrastructure in a transit-supportive manner.

17Similarly, the application conforms to the Growth Plan for the Greater Golden Horseshoe (May 2019) (“Growth Plan”), reinforcing the integration of transportation and land use planning to achieve intensification objectives. The area surrounding the Weston GO Station is proposed to be a Major Transit Station Area (“MTSA”), so that development at the proposed density will maximize the number of potential transit users within walking distance of the station. MTSAs served by the GO Transit rail network should be planned for a minimum density target of 150 residents and jobs combined per hectare. Lands adjacent to or near existing and planned “frequent transit” should be planned to be transit-supportive and promote active transportation. In Mr. Tinker’s opinion, the Settlement conforms to the Growth Plan, especially the policies encouraging growth and intensification in existing built-up areas and strategic growth areas, such as MTSAs.

18Respecting the City of Toronto Official Plan, the site is on a designated Avenue (Map 2 Urban Structure), and is designated as Mixed Use Areas on Map 14. Mr. Tinker is satisfied that the Settlement Proposal conforms with the Official Plan, including Site and Area Specific Policy No. 51 (“SASP 51”). This provides that view corridors to the Humber Valley from street intersections of Weston Road should be maintained. As well, it states that links between the Weston community and the Humber Valley will be improved, by adding and improving existing pedestrian connections. In his opinion, the Settlement Proposal conforms with policies set out in SASP No. 51.

Zoning By-law

19Under the applicable Zoning By-law in force here, City Wide By-law No. 569-2013, the site is zoned RA (u489; x423) (Residential Apartment) with a maximum height limit of 24 m (8 storeys). There is a maximum of 489 dwellings per lot, but no lot coverage restriction. Exception RA 423 applies, resulting in former City of York By-law No. 1-83 continuing to apply to it. By the Settlement Proposal, Zoning By-law No. 569-2013 would be amended to increase the height, the permitted building envelope, and alter other development standards as necessary to accommodate the proposal.

20Mr. Tinker also considered non-statutory guidelines such as the Weston Urban Design Guidelines and the Tall Building Design Guidelines. He opined that the Settlement Proposal is consistent with the design intent and strategic direction of each of these documents.

21In conclusion, he stated that the proposal meets many numerous policy directions that support intensification development on underutilized sites within the built-up urban area, particularly in locations, which are well-served by municipal infrastructure, including public transit. In this respect, the Subject Site is located on an Avenue and a proposed MTSA. He recommended that the Tribunal approve the Settlement in principle, and that the Order be withheld pending finalization of the draft Zoning By-law amendment and upon completion of the conditions adopted by City Council, as detailed in Exhibit E of his Affidavit.

DECISION AND INTERIM ORDER

22The Tribunal must be satisfied that any settlement reached by the Parties meets all the required tests in the Planning Act. Based on the testimony of Mr. Tinker, the Tribunal was so convinced in this Appeal. It allowed the Appeal and approved the proposal as

altered, as found in Schedule 2 to this Decision [Exhibits D and E, Tinker Affidavit]. This will be subject to completion of the conditions in Schedule 1.

23The Tribunal will withhold its Final Order until the Zoning By-law Amendment is available and the draft conditions have been satisfied.

“G. Burton”

G. BURTON

VICE-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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

SCHEDULE 1

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant and Appellant: Weston Road Limited Partnership

Subject: Application to amend Zoning By-law No. 1-83 and Zoning By-law 569-2013 - Refusal or neglect of City of Toronto to make a decision

Existing Zoning: RM2 (Residential Multiple) by Zoning By-law No. 1-83 and RA (Residential Apartment) by Zoning By-law No. 569-2013

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit a 38-storey mixed-use building

Property Address/Description: 1821-1823 and 1831 Weston Road

Municipality: City of Toronto

Municipality File No.: 19 254711 WET 05 OZ

OLT Case No.: OLT-22-002217

OLT Legacy Case No.: PL210256

OLT Legacy File No.: PL210256

OLT Case Name: Weston Road Limited Partnership v. Toronto (City)

Therefore:

1. The Ontario Land Tribunal orders that the appeal be allowed in part, and that the Zoning By-law Amendments are approved in principle, substantially in accordance with the plans and drawings in Attachment 1.

2. The Tribunal will withhold its Final Order until the Tribunal has been advised that the following conditions have been met to the satisfaction of the City Solicitor:

(a) the final form of the Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, and that it secures such matters as set out in City Council’s decision dated February 2, 2022;

(b) the owner signing a section 37 agreement securing such matters, services and facilities to be provided by the owner at its own expense pursuant to section 37 of the Planning Act, R.S.O. 1990, c. P.13, and any other matters necessary to support the development all satisfactory to the Chief Planner and Executive Director, City Planning and registered said agreement on title to the subject lands, satisfactory to the City Solicitor to secure the following community benefits:

(i) a cash payment to the City of Toronto in the amount of $1,600,000.00 (One Million, Six Hundred Thousand), upwardly indexed in accordance with the Statistics Canada Residential Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Index Table 18-10-0135-01 or its successor, calculated from the date of the section 37 agreement to the date of payment, to be paid prior to the issuance of the first above-grade building permit for any part of the subject property, to be allocated to be allocated as follows:

A. $1,000,000.00 (One Million) paid into a capital reserve account designated the “Weston Village Revitalization Fund”, with such funds to be used within the Weston Village Business Improvement Area (or adjacent areas on Weston Road) for capital improvements to the public realm, in consultation with a Weston Village Revitalization Committee of local residents and business owners appointed by City Council, and chaired by the local Ward Councillor, and in consultation with the local Ward Councillor;

B. $500,000.00 (Five Hundred Thousand) to the City of Toronto for capital improvements to local City of Toronto Parks and/or a dog off-leash park, in consultation with the General Manager, Parks, Forestry and Recreation in Ward 5 (2021 boundaries) and in consultation with the local Ward Councillor; and,

C. $100,000.00 (One Hundred Thousand) towards the revitalization of the Weston Library Branch;

(c) the owner providing a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager, Toronto Water;

(d) the owner designing and providing financial securities for any upgrades and/or required improvements to municipal infrastructure in connection with the accepted Functional Servicing Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades to such infrastructure are required to support this development;

(e) the owner providing a Noise and Vibration Feasibility Study, to be peer reviewed by a third-party noise and vibration consultant retained by the City of Toronto at the owner's expense, and the owner agreeing to implement the noise and vibration control measures and recommendations identified through the peer review, with these measures to be secured through the site plan control process, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

(f) the owner providing a Derailment Protection Report, to be peer reviewed by a third-party retained by the City of Toronto at the owner's expense, and the owner agreeing to implement the derailment protection measures and recommendations identified through the peer review, with these measures to be secured through the site plan control process, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

(g) the owner providing a revised Pedestrian Level Wind Study, including wind tunnel test, to the satisfaction of the Chief Planner and Executive Director, City Planning;

(h) the owner providing information regarding the current number and type of rental units on the land, and, if required, addressing all rental replacement requirements in accordance with the Official Plan and City of Toronto standards to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

(i) the owner submitting a revised Transportation Impact Study including a revised Parking Justification to the satisfaction of the General Manager, Transportation Services;

(j) the owner entering into an appropriate agreement with the City introducing, at no cost to the City, any ultimately-approved traffic control signal timing adjustments and additional phases, including any hardware modifications, required at the signalised intersections in the immediate vicinity of the site to facilitate forecast traffic from the subject development to the satisfaction of the General Manager, Transportation Services;

(k) the owner addressing all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the zoning by-law amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; and,

(l) the owner submitting a revised Landscape Plan and/or Tree Inventory and Preservation Plan Report, and that tree preservation matters are resolved to the satisfaction of the General Manager, Parks, Forestry and Recreation.

SCHEDULE 2