Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
February 15, 2023
CASE NO(S).:
OLT-22-004283
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Silver Hotels (Vancouver) Ltd.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
to permit a two tower, 682 unit mixed use development
Reference Number:
21 251957 STE 10 OZ
Property Address:
45 The Esplanade
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-004283
OLT Lead Case No:
OLT-22-004283
OLT Case Name:
Silver Hotels (Vancouver) Ltd. v. Toronto (City.)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
to permit a two tower, 682 unit mixed use development
Reference Number:
21 251957 STE 10 OZ
Property Address:
45 The Esplanade
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-004284
OLT Lead Case No:
OLT-22-004283
Heard:
November 25, 2022 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
Silver Hotels Ltd.
Rodney Gill/David Bronskill
City of Toronto
Cameron McKeich/Mark Piel
St. Lawrence Neighbourhood Association
Suzanne Kavanagh*
Condo Corp MTCC – 850
Cristal Zak*
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON NOVEMBER 25, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Ontario Land Tribunal (the “Tribunal”), was with respect to the appeals of the refusal of the City of Toronto to make a decision regarding an Application to amend the Official Plan and to amend City of Toronto By-law No. 569-2013.
2The development proposes two (2) towers, with proposed heights of 35 and 36 storeys respectively, atop a seven (7) storey podium containing retail, hotel, and residential uses. Density: 13.8 FSI. Dwelling Units: 682 units. Commercial Ground Floor Area (“GFA”): 8,042 square metres (“sq m”) of hotel space including 138 hotel rooms and 585 sq m of retail at-grade. Access to loading and parking is from a laneway which is accessed off of Church Street and a shared driveway between 25 the Esplanade and 45 the Esplanade. 210 parking spaces (165 residential, 45 commercial/visitor) are proposed below-grade. The site is currently being leased to the City of Toronto as a temporary homeless shelter until April 2023.
3The Official Plan Amendment application is required to seek permission for two tall towers with deficient setbacks and stepbacks, and a lesser amount of non-residential GFA than exists on the property today. The Zoning By-law Amendment application proposes to amend the Zoning By-laws to vary performance standards including: GFA and floor space index; building height; tower separation and building setbacks.
4City Staff will not support the proposal as it is currently submitted and will require substantial revisions to meet the policies of the Official Plan, Downtown Plan and the Downtown Tall Buildings Setback Area Specific Policy (“SASP 517”).
5The purpose of the Case Management Conference (“CMC”) was to receive status updates from both parties to organize the hearing of these appeals.
6The Tribunal was presented with two requests for Party status.
7Suzanne Kavanagh, of the St. Lawrence Neighbourhood Association, requested Party status, on behalf of the Association, and informed the Tribunal that their interest in this case is not to oppose a development on this site, but to assist in creating an application that complies with the various provincial and municipal planning policies and guidelines including setbacks, tower separation, tower height.
8The Tribunal further heard there is also a need to incorporate an on-site parkland dedication and consideration of the impacts of new shadowing on the public realm, existing and planned parks, and private open spaces.
9Ms. Kavanagh further added that the St. Lawrence Neighbourhood Association as an incorporated entity, is currently engaged in other Ontario Land Tribunal (“OLT”) cases and is familiar with the OLT processes and the establishment of a Procedural Order.
10Cristal Zak, Condo Manager at 25 The Esplanade (MTCC-850), requested Party status and informed the Tribunal access to underground parking, burdens the lands at 45 The Esplanade, and that the proposed development site, is preserved and does not interfere with this Appeal.
11These rights are secured by Agreement dated January 27, 1997 between, among others, the predecessor of the current owner of 45 The Esplanade, and their Corporation (respecting the parking rights) and by Agreement dated November 27, 1989 between the predecessor of the current owner of 45 The Esplanade, among others, and their Corporation (respecting access incidental to those parking rights).
12Both counsel for the Appellant and the City agreed, on consent, to all requests for Party Status.
13The Tribunal granted both the St. Lawrence Neighbourhood Association and Cristal Zak Party Status.
14The Tribunal informed the Parties that OLT led-mediation is available should they want to continue their efforts to reach an early resolution on this matter.
15The Parties informed the Tribunal that they are seeking a second CMC to finalize an Issues List and possibly seek Tribunal led-mediation to arrive at a potential Settlement.
16The Tribunal hereby schedules a second CMC of these appeals commencing on Tuesday, March 7, 2023 at 10 a.m.
17The parties will supply a draft Procedural Order and Issues List to the Tribunal case coordinator on or before Wednesday, March 1, 2023.
18Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/692665589
Access code: 692-665-589
19Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
20Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 692-665-589.
21Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
22No Further notice will be given.
23The Member is not seized.
24So Orders the Tribunal.
“Carmine Tucci”
CARMINE TUCCI
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.