Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 14, 2024
CASE NO(S).: OLT-23-001192
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Applicant/Appellant: Queenscorp (Evans) Inc.
Subject: Site Plan
Reference Number: 23 131342 WET 03 SA
Property Address: 170 Evans Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-001192
OLT Lead Case No: OLT-23-001192
OLT Case Name: Queenscorp (Evans) Inc. v Toronto (City)
Heard: January 25, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Queenscorp (Evans) Inc. | Ira Kagan Sarah Kagan Kristie Stitt (in absentia) |
| City of Toronto | Gabe Szobel Jessica Amey (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY C.I. MOLINARI ON january 25, 2024 AND FINAL ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION AND BACKGROUND
1This settlement hearing is related to an appeal filed by Queenscorp (Evans) Inc. (“Appellant”) against the failure of the City of Toronto (“City”) to make a decision on a Site Plan Application (“SPA”) pursuant to s. 114(15) of the City of Toronto Act (“COTA”) within the prescribed timeframe. The SPA applies to the lands known municipally as 170 Evans Avenue (“Property”).
2The Property is currently developed with a three-storey office building featuring a drive aisle wrapped around the exterior of the building and associated with a former ground floor cafeteria use. The remainder of the Property is occupied by parking and landscaping with access from Evans Avenue. The Property is bounded on the north by an off-ramp from the Gardiner Expressway and on the east by Islington Avenue. To the south and west are developed commercial properties.
3The Property is designated ‘Core Employment Area’ in the City Official Plan (“TOP”) and zoned ‘Employment Industrial’ in Zoning By-law No. 569-2013 (“ZBL 569”). The zoning permits a drive-through facility (“Drive-Through”) at this location as proposed through the SPA.
4The office building is currently undergoing alterations and upgrades under City-issued building permits. The alterations and upgrades regulated by the building permits did not trigger the requirement for site plan approval.
5Upon completion of the interior renovations, the Property will continue to function as an office building with a café occupying approximately half of the ground floor and utilizing the drive aisle for the Drive-Through. The remainder of the Property will generally remain the same, with minor improvements to the parking area and landscaping.
THE SITE PLAN APPLICATION
6The SPA was required by the City for the proposed Drive-Through on the basis that it substantially increases the usability of the Property. The Moving Party asserts that the proposed Drive-Through “will be constructed within the existing building and by utilizing the existing drive aisle on the exterior of the building to accommodate vehicle queueing” and that the proposed Drive-Through “neither requires construction, erection or placing of one or more buildings or structures nor does it require the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof” (the underlined wording being a reference to wording in the definition of ‘development’ in s. 114(1) of the COTA).
7The Tribunal received correspondence from the Appellant in advance of the hearing advising that the Parties have reached a settlement (“Settlement”) and requesting that the Tribunal convert the proceedings to a settlement hearing.
8In accordance with Rule 12 of the Tribunal’s Rules of Practice and Procedure, the Tribunal convened the proceedings as a hearing on the terms of the Settlement.
9The Parties further advised the Tribunal that they were seeking Final approval of the SPA, based on the Site Plan drawing dated January 24, 2024, with post-approval conditions (“Conditions”).
LEGISLATIVE FRAMEWORK
10In determining a Site Plan Control appeal filed under s. 114(15) of COTA, the Tribunal is to consider the plans or drawings submitted pursuant to s. 114(5) of COTA.
11In addition, s. 3(5) of the Planning Act (“Act”) requires that decisions of the Tribunal affecting planning matters are to be consistent with the policy statements related to municipal planning and conform with any provincial plans that are in effect. In this case, this Decision must be consistent with the Provincial Policy Statement, 2020 (“PPS”) and conform with the Growth Plan for the Greater Golden Horseshoe, 2019, as amended (“Growth Plan”).
12In consideration of the statutory requirements set out above, the Tribunal must be satisfied that the SPA represents good land use planning and is in the public interest.
EVIDENCE
13The Tribunal qualified Mr. Cieciura, on consent, to provide opinion evidence pertaining to this matter in the area of land use planning.
PPS
14Mr. Cieciura opined that the SPA is consistent with the PPS and, in particular, supports policies 1.1.3.1, 1.1.3.2, 1.3.1 b), and 1.7.1 a) and e) pertaining to facilitating growth and development in developed areas, contributing to the regeneration of the site and area, providing for a diversified economic base, and encouraging a sense of place through the rejuvenation of the site with a well-designed built form.
Growth Plan
15Mr. Cieciura further opined that the SPA conforms with the Growth Plan, including the relevant guiding principles in section 1.2.1, including supporting the achievement of complete communities and providing flexibility to capitalize on new economic and employment opportunities, while providing certainty for traditional industries. He noted that the SPA conforms to policies 2.2.5.1 a), b), and d) pertaining to making more efficient use of an existing employment area, ensuring the availability of a variety of employment types, and integrating land use planning and economic development goals to retain and attract investment and employment.
Conclusions and Recommendations
16Mr. Cieciura proffered his professional planning opinion that the SPA is consistent with the PPS and conforms to the Growth Plan. He further stated that the SPA is in compliance with the TOP and ZBL 569.
ANALYSIS AND FINDINGS
17The Tribunal accepts the uncontroverted land use planning evidence of Mr. Cieciura and is satisfied that the SPA is consistent with the PPS, and conforms to the Growth Plan, is appropriate and desirable from a land use planning perspective, and represents good land use planning
18The Tribunal finds that the SPA fits harmoniously with the existing and planned built form context and will enhance the area. The SPA will be an efficient use of the land and will support the achievement of the PPS and Growth Plan policy directions, including facilitating growth and development in developed areas, providing for a diversified economic base, making more efficient use of an existing employment area, and supporting the achievement of complete communities.
19The Tribunal approves the SPA, subject to the post-approval Conditions as set out in the Final Order.
FINAL ORDER
20THE TRIBUNAL ORDERS that the appeal is allowed and the site plan prepared by Venchiarutti Gagliardi Architect Inc. dated January 24, 2024, and related plans listed in Attachment 1 to this Order, are approved, subject to the fulfillment of the post-approval conditions set out in Attachment 2 to this Order.
21The Member shall remain seized of this matter, and the Tribunal may be spoken to in the event any matter or matters should arise in connection with the implementation of this Order.
“C. I. Molinari”
C. I. MOLINARI
MEMBER
Ontario Land Tribunal
Website: www.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
| Drawing No. | Drawing Title | Prepared By | Revision Date |
|---|---|---|---|
| A-100DB | Proposed Site Plan | Venchiarutti Gagliardi Architect Inc. | January 24, 2024 |
| A-300DB | Exterior Elevations Existing and Proposed | Venchiarutti Gagliardi Architect Inc. | January 11, 2024 |
| A-301-DB | Exterior Elevations Existing and Proposed | Venchiarutti Gagliardi Architect Inc. | January 11, 2024 |
| L-1 | Landscape Concept Plan | Alexander Budrevics & Associates Limited | January 17, 2024 |
| L-2 | Landscape Plan | Alexander Budrevics & Associates Limited | January 17, 2024 |
| SV-1 | Soil Volume Plan | Alexander Budrevics & Associates Limited | January 17, 2024 |
| SV-2 | Soil Volume Plan | Alexander Budrevics & Associates Limited | January 17, 2024 |
| D-1 | Landscape Details & Specifications | Alexander Budrevics & Associates Limited | January 17, 2024 |
| SP-100DB | Site Plan – Photometrics (Only as it pertains to the lighting details.) | May 3, 2022 |
ATTACHMENT 2
- This Site Plan Approval is subject to the following post-approval conditions:
LEGAL SERVICES- STEPHANIE MORROW, 416 397-5379, stephanie.morrow@toronto.ca
- The owner shall enter into the City's standard site plan agreement, including registration of the site plan agreement on title to the subject lands by the City, at the owner’s expense.
CITY PLANNING (including Urban Design, Transportation Planning, Heritage Planning) – Pavel Kopec (416-394-8016, Pavel.Kopec@toronto.ca; Eric Beales 416-338-1095, Eric.Beales@toronto.ca )
The owner shall submit a financial guarantee in the form of an irrevocable Letter of Credit or Certified Cheque made payable to the Treasurer, City of Toronto, in the amount of $4337.50 to ensure that landscaping requirements are completed in accordance with the approved site plan and landscape plans, to the satisfaction of the Director, Community Planning, Etobicoke York district.
The owner shall utilize this site plan dash photometrics, dated May 3rd 2022, only as it relates to the proposed lighting details.
In the event that deeply buried and/or previously undocumented archaeological remains are encountered on the property during construction activities, the Archeology Programs unit of the Ministry of Citizenship and Multiculturalism shall be notified immediately at archaeology@ontario.ca as well as the City's Heritage Planning unit at 416-338-1095 or Eric.beales@toronto.ca
In the event that human remains are encountered during construction, the proponent shall immediately contact Toronto Police Services, the Ministry of Citizenship and Multiculturalism at archaeology@ontario.ca and the registrar/ Manager Burials of the Ministry of Public and Business Service Delivery atFBCSARegistrar@ontario.ca
If any expansions to the boundaries of the subject property are proposed, further archaeological assessment work may be required.
ENGINEERING AND CONSTUCTION SERVICES – Jeffrey Light, 416-338-4892, Jeff.Light@toronto.ca
Off-street Vehicular Loading and Parking Facilities and Access/Driveways
- The owner shall provide and maintain off-street vehicular loading and parking facilities and access driveways in accordance with the approved plans and drawings, to the satisfaction of the General Manager, Transportation Services.
Facilities for the Storage of Garbage and Other Waste Material
- The owner shall advise all owners and tenants/ future purchasers of the units that refuse, and recycled materials generated by this building must be collected by a private refuse collection firm.
Stormwater Management, Grading and Site Servicing
- The owner shall construct and maintain the proposed works as recommended in the proposed site plan (Drawing No. A-100DB), Prepared by Venchiarutti Gagliardi Architect Inc., dated January 24, 2024.
Other Conditions
- The owner acknowledges and agrees that staff have reviewed this application on the understanding it will comprise of one parcel of land upon completion. The owner shall not convey or transfer any part have the development site in any other manner than that agreed to above if to do so would result in either the retained parcel or the conveyed or the transferred parcel seizing to comply with Chapters 681 or 851 of the City of Toronto Municipal Code, as amended, which prohibit a private service connection, that connects to a municipal water or sewer system, from servicing more than one property. Each parcel shall have separate service connections to the municipal water and sewer systems, including any associated stormwater management systems, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, at the sole cost to the owner. Further, the owner shall prepare all plans and studies as required by the City for the servicing at the sole cost of the owner.