Ontario Land Tribunal

Tribunal ontarien de l’aménagement

ISSUE DATE: September 13, 2023

CASE NO(S).: OLT-23-000378

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 307 Lake Shore Boulevard East Limited

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit a 49-storey mixed use building with 430 residential units

Reference Number: 22 141954 STE 10 OZ

Property Address: 307 Lake Shore Boulevard East

Municipality/UT: City of Toronto

OLT Case No.: OLT-23-000378

OLT Lead Case No.: OLT-23-000378

OLT Case Name: 307 Lake Shore Boulevard East Limited v. Toronto (City)

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

Applicant and Appellant: 307 Lake Shore Boulevard East Limited

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit a 49-storey mixed use building with 430 residential units

Reference Number: 22 141954 STE 10 OZ

Property Address: 307 Lake Shore Boulevard East

Municipality/UT: City of Toronto

OLT Case No.: OLT-23-000379

OLT Lead Case No.: OLT-23-000378

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A, as amended

Applicant and Appellant: 307 Lake Shore Boulevard East Limited

Subject: Site Plan

Description: To permit a 49-storey mixed use building with 430 residential units

Reference Number: 22 141953 STE 10 SA

Property Address: 307 Lake Shore Boulevard East

Municipality: City of Toronto

OLT Case No.: OLT-23-000380

OLT Lead Case No.: OLT-23-000378

Heard: August 10, 2023

APPEARANCES:

Parties	Counsel
307 Lakeshore Boulevard East Limited (“Applicant/Appellant”) (“307 Lakeshore”)	Mark Flowers
City of Toronto (“City”)	Robert Robinson, Lauren Pinder (co-counsel)
Toronto Waterfront Revitalization Corp. (“Waterfront Toronto”)	Andrew Biggart
Quayside Block 1 Inc. and Quayside Impact Limited Partnership (“QILP”)	Anne Benedetti

MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON AUGUST 10, 2023, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the first Case Management Conference (“CMC”) in relation to appeals by the owner of 307 Lake Shore Boulevard East (“Subject Lands”), in the City of Toronto (“City”). 307 Lakeshore Boulevard East Limited (“Applicant/Appellant”) submitted Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) applications together with a Site Plan Control application (collectively, the “Applications”), to the City. On the failure of the City to make a decision on any of the Applications within the statutory timeframes, the Applicant appealed pursuant to subsections 22(7) and 34(11) of the Planning Act and subsection 114(15) of the City of Toronto Act, 2006.

2The nature of the OPA application seeks to establish a site-specific policy for the Subject Lands regarding affordable housing requirements and to identify an additional tower location with a maximum height of 155 m for the block bounded by Small Street, Lake Shore Boulevard East, a realigned Parliament Street and a Queens Quay East extension (the "Block"). In addition, the Applications seek to increase the total density permitted on the Block.

3The proposed ZBA would establish a site-specific exception for the Subject Lands to permit maximum residential and non-residential gross floor area, maximum height and permitted projections, minimum setbacks and step-backs with permitted projections, minimum parking and loading requirements, minimum residential amenity space requirements and minimum affordable housing requirements.

4The Tribunal received an Affidavit of Service dated July 13, 2023, confirming that Notice of this CMC was properly given and marked same as Exhibit 1.

PARTY STATUS REQUESTS

5The Tribunal received two Party Status requests, both of which included a draft Issues List.

6Counsel for Quayside Block 1 Inc. (“Quayside”) is the registered owner of the property known municipally as 257, 259 and 291 Lake Shore Boulevard East in the City of Toronto, and Quayside Impact Limited Partnership (“QILP”), as a related entity, is the applicant for seven related applications to develop the Quayside lands (being the lands municipally known as 257, 259, 291, and 333 Lake Shore Boulevard East, 200 Queens Quay East; and 2, 11, and 11 R Small Street). Counsel noted QILP was selected by Toronto Waterfront Revitalization Corp. further to a request for proposals process to develop the Quayside Lands. The Quayside Lands surround the 307 Lake Shore lands (noted by the red dot) to both the east and west, and as such, counsel indicated they have a direct interest into the development on the neighbouring lands.

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8Toronto Waterfront Revitalization Corp. (“Waterfront Toronto”) sought Party Status as the steward of the waterfront revitalization. The subject site abuts lands subject to a comprehensive redevelopment through Waterfront Toronto's Quayside project.

The Parties confirmed to the Tribunal that they were seeking Party Status to OPA, ZBA and Site Plan proceedings.

PARTICIPANT STATUS REQUESTS

9The Tribunal received a Participant Statement from the Gooderham & Worts Neighbourhood Association, who represent the residents of the Distillery Historic District, which is within 120 metres of the lands. Their interests in the applications included: affordable housing, public realm design, green design elements, and traffic and pedestrian circulation.

10The Tribunal received a second Participant Statement from the East Waterfront Community Association, whose concerns with the application were outlined in their submission as: wind, sun/shadows impact, bicycle and pedestrian movement, noise, and loading bay issues.

11Having received no objections from the Parties, the Tribunal granted Participant Status to Gooderham & Worts Neighbourhood Association and the East Waterfront Community Association.

12The Tribunal noted that should the Parties require copies of the Participant submissions they are available through the Case Coordinator.

PO, Issues List and Hearing

13The Tribunal extended its gratitude for the Hearing Plan supplied in advance of the CMC. Mr. Flowers provided the Tribunal with an overall summary of the applications.

14He indicated that the Applicant would be proceeding at this time with the OPA and ZBA appeal and requested that the Site Plan appeal be held in abeyance pending the outcome of the OPA and ZBA appeals as determined by the Tribunal.

15Notwithstanding the Applicant’s request to have the Site Plan appeal be held in abeyance as separate proceeding, it was the request of both QILP and Waterfront Toronto to have their Party Status extend to the Site Plan appeal in order to prepare for when the matter returns to the Tribunal.

16Mr. Flowers indicated the Applicant was not opposed to the request for Party Status in relation to the OPA and ZBA appeals, but he stated it would be premature to consider Party Status relating to the Site Plan which should be deferred to a later date once the OPA and ZBA were determined.

17Mr. Biggart expressed that the necessity to include Waterfront Toronto in all three applications is to ensure that the site is planned and developed comprehensively and consistently with respect to the Central Waterfront Secondary Plan as well as other Secondary Plans in effect within the area. It was also his position that without Party Status on the Site Plan appeal, Waterfront Toronto’s concerns regarding the built form, site configuration, capacity, sustainability, and urban design excellence would be limited.

18Ms. Benedetti included the following diagram outlining the blocks (the “Blocks”) surrounding and abutting her client’s property in the Party Status request. She explained there has been significant planning involvement by QILP going as far back as the creation of the Central Waterfront Secondary Plan and two precinct plans. She noted that Block 3 includes the two components; 3A which is owned by 307 Lakeshore (red dot) and 3B which she represents. She also noted QILP is working cooperatively with Waterfront Toronto and with the City to ensure any development of that Block will be significantly integrated from high level planning perspective through the OPA and ZBA right down to the detailed planning at Site Plan stage.

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The Tribunal recognizes Waterfront Toronto as having been assigned the stewardship of the public domain in Toronto’s waterfront revitalization which includes being tasked to ensure that public interest is maintained. The Tribunal therefore grants Party Status to Waterfront Toronto on the Applications. The Tribunal recognizes that having been granted Party Status, Waterfront Toronto will have an opportunity to align their concerns with the City.

20QILP as abutting and surrounding landowners of Applicant’s land in Block 3 and having been assigned the overall planned vision for the waterfront development of Block 3, grants their request for Party Status to the Applications. QILP will also have the opportunity to align their concerns with the City.

21The Tribunal in granting Party Status to both Waterfront Toronto and QILP does so, while recognizing that legislation limits Site Plan Application appeals to Statutory Parties. However, the Tribunal also recognizes and appreciates the process all levels of government have undertaken in assigning the promotion of cohesive and cooperative working relationships between entities participating in the overall task of the City’s waterfront revitalization.

22It was suggested by Mr. Flowers that the Tribunal set a three-week Hearing date for the second quarter of 2024. The Tribunal will hold to the approach that hearing dates will not be taken from the Tribunal’s calendar until a Procedural Order and Issues list is in place. Mr. Flowers was directed to form the content of the draft Procedural Order and Issues List on consent and provide it to the Tribunal no later than November 1, 2023, for discussion and approval by the Tribunal at the upcoming CMC.

23A second CMC will commence on Tuesday, November 14, 2023, by Video Hearing at 10 a.m.

24Parties are asked to log in to 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/638422541

Access code: 683-422-541

25Parties 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.

26Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is indicated in paragraph 21 above.

27Individuals 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 Video Hearing 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.

28The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated that there were none.

ORDER

29The Tribunal orders that the second Case Management Conference will be held by Video Hearing on Tuesday, November 14, 2023, commencing at 10 a.m.

30The Tribunal orders that the Site Plan application be held in abeyance until the Applicant advises the Tribunal on moving this appeal forward.

31The Tribunal Orders that Party Status is conferred to Quayside Block 1 Inc. and Quayside Impact Limited Partnership on the OPA, ZBA and Site Plan appeal proceedings.

32The Tribunal Orders that Party Status is conferred to Toronto Waterfront Revitalization Corp. (Waterfront Toronto) on the OPA, ZBA and Site Plan appeal proceedings.

33The Tribunal Orders that Participant Status is conferred to both Gooderham & Worts and East Waterfront Community Association.

34This Member is not seized but remains available through the Case Coordinator should the need arise.

35No further notice will be given.

“D. Chipman”

D. CHIPMAN 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.