Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 26, 2022
CASE NO(S).: OLT-22-002176 (Formerly PL200308)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant and Appellant: Queensway Limited Partnership
Subject: Application to amend Zoning By-law No. 514-2003 and No. 569-2013 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Limited Commercial & Class 1 Industrial
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 16-storey mixed-use residential building
Property Address/Description: 933-935 The Queensway
Municipality: City of Toronto
Municipality File No.: 19 156707 WET 03 OZ
OLT Case No.: OLT-22-002176
Legacy Case No.: PL200308
OLT Lead Case No.: OLT-22-002176
Legacy Lead Case No.: PL200308
OLT Case Name: Queensway Limited Partnership v. Toronto (City)
Heard: June 13, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Queensway Limited Partnership | M. Helfand |
| City of Toronto | J. Braun |
Memorandum of oral DECISION DELIVERED BY STEVEN COOKE on JuNE 13, 2022, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is an appeal by Queensway Limited Partnership (the “Applicant”) under s. 34 (11) of the Planning Act (the “Act”), for the failure of the City of Toronto (the “City”) Council to make a decision for a Zoning By-law Amendment (the “ZBA”) within the statutory timeframe for the property municipally known as 933 – 935 The Queensway (the “Subject Site”).
2The Applicant had proposed to construct a 17-storey mixed-use building, with 492 square metres of commercial space, 227 residential dwelling units and a total gross floor area of 18,610 square metres. The original proposal includes two vehicular access points to the Subject Site and various building heights and setbacks.
3Through various conversation between the parties and after receiving public input, the parties have come to a settlement on a revised proposal. The revised proposal is an 11-storey mixed-use building, with an increased commercial space to 511 square metres, a reduction to 191 dwelling units, and total gross floor area of 16,832 square metres. The revised proposal continues to have various building heights and setbacks but will no longer penetrate into the 45-degree angler planes. The Subject Site will only have one vehicular access point.
PLANNING EVIDENCE
4David McKay was qualified by the Tribunal to give expert land use planning evidence and opinion.
5In Mr. McKay’s opinion, the proposal is consistent with the policies of the Provincial Policy Statement, 2020 (the “PPS”), and conforms with the Growth Plan, 2019 (the “GP”), and the parent policies of the City’s Official Plan (the “OP”).
6The proposed development meets the goals of the City in areas defined in the OP by:
- Contributing to the range of housing options, and in particular, with the increase in three-bedroom units. The revised proposal would include that of the 191 dwelling units, 10% will be three-bedroom, and 20% two-bedroom;
- Achieves the City’s vehicular and bike parking standards;
- Conforms to OP policies that include the building setbacks provided in the City Built Form policies related to the Avenues and Mid-Rise Buildings Study, the Queensway Avenue Study, and the Streetscape Guidelines; and
- Appropriate utilization of existing municipal infrastructure and infill project within a settlement area. The podium base of the proposed mixed-use building with new commercial and retail space at street level, and new landscaping features, will enhance and improve what currently exists on the Subject Site.
7Regarding the PPS and GP, it was the testimony of Mr. McKay that the Subject Site is well suited for intensification and is an appropriate location for an infill project within a settlement area. The settlement is consistent with the PPS and conforms to the directives of the GP.
8Overall, it is Mr. McKay’s expert planning opinion that the proposal represents good land use planning. While the City and the Applicant still have some work to do regarding the ZBA final form, Mr. McKay stated that settlement should be approved in principle. No other witness provided testimony at the hearing.
ANALYSIS AND FINDINGS
9In determining this matter, the Tribunal accepts and adopts the uncontested land use planning evidence and expert opinions provided by Mr. McKay.
10The Tribunal is persuaded by the evidence that the proposed settlement promotes efficient development of land, accommodates a range of appropriate mixed uses, intensifies uses within the settlement area, and contributes to the range of housing options, and in particular, with the increase in three-bedroom dwelling units as desired by the City.
11The Tribunal finds that the proposed settlement is consistent with the policy direction established by the PPS, and conforms to the relevant directives established by the GP, and as maintained by the OP. The Tribunal is further satisfied that the proposal has due regard for matters of provincial interest, is consistent with the principles of good land use planning and is in the greater public interest. More significantly, the proposal furthers the goals and objectives of the provincial planning regime to increase housing opportunities.
ORDER
12THE TRIBUNAL ORDERS that the appeal by Queensway Limited Partnership for the Zoning By-law Amendment is allowed, in part, and the Tribunal approves in principle the revised proposal for the lands municipally known as 933-935 The Queensway, Toronto, substantially in accordance with the plans and drawings in Attachment “1”, and with this Order being withheld until the Tribunal has been advised that the following conditions have been met to the satisfaction of the City Solicitor:
- The Zoning By-law Amendment is in a form and content satisfactory to the City; and
- A Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning has been executed between the City and the Applicant and, if deemed necessary by the City Solicitor, has been registered on title to the subject lands to the satisfaction of the City Solicitor.
13The Member may be spoken to should any issues of this Order arise.
“Steven Cooke”
STEVEN COOKE 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.
ATTACHMENT “1”
Settlement Plans and Drawing