Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 13, 2023
CASE NO(S).: OLT-22-003927
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Reserve Properties Limited
Subject: Application to amend Zoning By-law No. 569-2013 & 438-86 – Neglect of application by City of Toronto
Existing Zoning: RA (Reinvestment Area) & CRE (Commercial Residential Employment)
Proposed Zoning: RA (Reinvestment Area) & CRE (Commercial Residential Employment)
Purpose: To permit a 66-storey commercial and residential mixed-use building
Property Address/Description: 277 Wellington Street
Municipality: City of Toronto
Municipal File No.: 20 233424 STE 10 OZ
OLT Lead Case No.: OLT-22-003927
OLT Case No.: OLT-22-003927
OLT Case Name: Reserve Properties Limited v. Toronto (City)
Heard: February 14, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Reserve Properties Ltd. | Joe Hoffman |
| City of Toronto | Mark Crawford |
| 320 Portfolio Inc. | John Dawson |
DECISION DELIVERED BY JEAN-PIERRE BLAIS AND K.R. ANDREWS AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is an appeal brought by Reserve Properties Ltd. (“Applicant”) following the failure of the City of Toronto (“City”) to render a decision respecting an application for a Zoning By-law Amendment (“ZBA”) brought pursuant to s. 34(11) of the Planning Act (“Act”). The Applicant is seeking to amend Zoning By-law No. 569-2013 to develop a high-rise mixed-use building.
2The present hearing was originally scheduled as a Case Management Conference but was converted into a settlement hearing when the parties came to an agreement on all outstanding issues (“Proposed Settlement”). The Proposed Settlement is now before the Tribunal for approval.
3The uncontested and extensive evidence in support of the Proposed Settlement was provided by Andrew Ferancik, retained by the Applicant, who was qualified as an expert on land use planning. Mr. Ferancik’s written evidence, in the form of an Affidavit dated February 9, 2023, including various attachments, was marked as Exhibit 2.
SUBJECT SITE AND CONTEXT
4The Applicant proposes a significant redevelopment with respect to a property known municipally as 277 Wellington Street West in the City (“Subject Site”). The Subject Site is currently occupied by a nine-storey, glass, and steel office building. It is located on the southeast corner of the intersection of Wellington Street West and Blue Jays Way. It is approximately 1,385.90 square metres in area with frontages of 39.04 metres on Wellington Street West and 35.54 metres on Blue Jays Way.
5The Subject Site is in the west end of Toronto’s downtown core, generally west of the Financial District, east of Spadina Avenue, north of the Railway Lands, and South of Queen Street West in the area commonly known as the Entertainment District.
6The proposed redevelopment is within a high-density and walkable residential and commercial area of downtown Toronto, characterized by an emerging and pre-existing concentration of high-rise buildings, including what are, and will be, some of the tallest buildings in the City. The area is rapidly developing with new residential housing options, to support the housing needs of the downtown workforce, as well as itself becoming a hub for employment.
7From a transportation perspective, the Subject Site has access to nearby higher order public transit options including being close to St. Andrew Subway Station, Union Station (with access to the broader GO Regional Express Rail and Bus networks) and being within a five-minute walk to both the King Streetcar (#504) and Spadina Streetcar Routes (#510), among many other existing and planned transit routes. The surrounding area also features a sidewalk network which provides a safe mode of travel for pedestrians and includes north-south and east-west cycling lane options.
THE ORIGINAL AND REVISED DEVELOPMENT PROPOSAL
8The Applicant originally submitted the ZBA application with the City in December 2020. At the time, the Applicant contemplated a redevelopment comprised of a new 66-storey building (224.30 metres in height, plus mechanical) (the “Initial Application”). It included retail uses at-grade (first floor), office uses on floors two through nine (the podium floors), and residential uses rising from floors 10 through 66 above.
9After the Applicant launched the present appeal with the Tribunal, discussions continued between the Applicant and the City. These discussions resulted in revisions to the originally proposed development.
10A revised development proposal was submitted in November 2022 (“Revised Proposal”). It forms the basis of the Proposed Settlement which was agreed to by City Council on December 14, 2022. Of note, the Revised Proposal is for a 60-storey (202.0 metres in height, plus mechanical) mixed-use building, with office uses on floors two through seven, and residential uses rising from floors eight through 60 above. The following table summarizes the other key modifications proposed.
| Initial Application (December 2020) | Revised Proposal (November 2022 Settlement Offer) | |
|---|---|---|
| Building Height (Tower) | 66 storeys (224.30 metres to top |