Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 01, 2024
CASE NO(S).: OLT-22-004312
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2599302 Ontario Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the construction of a 13-storey hotel
Reference Number: 20 126617 WET 03 OZ
Property Address: 2157 Lakeshore Boulevard West
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-004312
OLT Lead Case No.: OLT-22-004312
OLT Case Name: 2599302 Ontario Ltd. 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: 2599302 Ontario Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of a 13-storey hotel
Reference Number: 20 126617 WET 03 OZ
Property Address: 2157 Lakeshore Boulevard West
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-004313
OLT Lead Case No.: OLT-22-004312
Heard: January 26, 2024, by Video-Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2599302 Ontario Ltd. | Aaron Platt |
| City of Toronto | Ray Kallio |
MEMORANDUM OF ORAL DECISION DELIVERED BY N. EISAZADEH ON FEBRUARY 26, 2024, AND ORDER OF THE TRIBUNAL
Link to Interim Order
INTRODUCTION
1This appeal arises following a non-decision by the City of Toronto (“City”) with respect to applications made by 2599302 Ontario Ltd. (“Applicant”) for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBLA”) to facilitate the development of a 13-storey hotel building consisting of 154 guest suites and amenities typical of a hotel, including a lobby and restaurant on the ground level.
2Disposition of the matter has come before the Tribunal as a Settlement Hearing.
3A statistical summary comparing the original proposal to the settlement proposal that is currently before the Tribunal is illustrated in the following chart:
| Original Proposal (March 2020) | Settlement Proposal (August 2023) | |
|---|---|---|
| Site Area | 788 square metres (“m²”) | 788 m² |
| Total Non-Residential Gross Floor Area Hotel Suites Restaurant |
7,810.5 m² 44,260 m² 655 m² |
7,744 m² 7,501.2 m² 242.8 m² |
| FSI | 9.91 | 9.83 |
| Height Storeys Metres |
13-storey 44.6 metres ("m”) (50.6 m to MPH) |
13-storey 43.35 m (49.35 m to MPH) |
| Hotel Suites | 165 | 156 |
| Amenity Space Indoor Outdoor |
2,46 m² 2,46 m² n/a |
477.20 m² 347.90 m² 129.3 m² |
| Vehicular Parking (Including Off-Site) |
54 spaces | 26 spaces |
| Bicycle Parking Long-term Short-term/Visitor |
5 spaces 1 space 4 spaces |
5 spaces 1 space 4 spaces |
| Loading Spaces | One Type B loading space | One Type B loading space |
4The proposed revisions also include, inter alia:
i. changes to the built form design of the proposed development including the addition of cantilever designs at levels 3 and 4 which has the effect of increasing the podium to tower setback from 1 metre (“m”) to 2.5 m;
ii. notched design elements at levels 11-13, approximately 3.8 m long by 1.5 m deep at the northern extent, and 1.3 m deep at the southern extent, allowing for the reshaping of the mechanical penthouse to reduce shadow impact, and adding 129 square metres (“m²”) of outdoor amenity space at penthouse level;
iii. a high level of articulation and expression in the construction of the wall on the east elevation so that it integrates with the rest of the proposed development’s exterior design.
5The Tribunal confirms that it has received, reviewed and considered the following materials and submissions:
i. The uncontested opinion evidence of David Huynh, a Registered Professional Planner and full member of the Canadian Institute of Planners, as tendered orally as well as contained within his comprehensive affidavit sworn January 23, 2024, with exhibits attached thereto (marked as Exhibit 1);
ii. The oral submissions of Mr. Platt, Counsel for the Applicant, in support of the settlement;
iii. The oral submissions of Mr. Kallio, Counsel for the City, including the adoption of the evidence of Mr. Huynh, in support of the settlement;
iv. Draft instruments in support of the proposed settlement, including the draft OPA and draft ZBLA (marked as Exhibits 2, and 3, respectively); and
v. A draft Order submitted to give effect to the relief jointly being sought.
DECISION AND INTERIM ORDER
6The Tribunal understands that the aforementioned sworn affidavit evidence of Mr. Huynh reflects the revisions to the applications before the Tribunal that were reached through the cooperative efforts of the Parties.
7The Tribunal accepts the opinion evidence of Mr. Huynh, tendered both orally as well as within his affidavit, and similarly finds that the subject applications, as revised, have regard to those applicable matters of Provincial interest found in s.2 of the Planning Act; are consistent with the Provincial Policy Statement, 2020; conform to the Growth Plan for the Greater Golden Horseshoe, 2020, the Metrolinx Regional Transportation Plan (2041) and the City Official Plan, including the Motel Strip Secondary Plan and the Christie’s Secondary Plan; and that the subject applications otherwise reflect principles of good land use planning. In addition, as testified to by Mr. Huynh, the Tribunal finds that the proposal has sufficient regard to various guideline documents of the City, including the Humber Bay Shores Urban Guidelines Update and Public Plan, the Avenues and Mid-Rise Building Guidelines, and is consistent with the permitted uses and height provisions of the applicable Etobicoke Zoning Code.
8THE TRIBUNAL ORDERS THAT:
The appeals are allowed, in part, and the draft Official Plan Amendment and draft Zoning By-Law Amendment, set out in Attachments “1” and “2”, respectively, to this Interim Order, are hereby approved in principle.
The Tribunal shall withhold the issuance of its First Order contingent upon confirmation of the City Solicitor that the following matters have been resolved:
i. the final form and content of the draft Official Plan Amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;
ii. the final form and content of the Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;
iii. the Owner has submitted a revised Functional Servicing and Stormwater Management Report, which includes the determination of storm water runoff, sanitary flow and water supply demand resulting from the Proposal, and whether there is adequate capacity in the existing municipal infrastructure to accommodate the Proposal, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
iv. the Owner has submitted a revised Hydrological Review Assessment, Hydrological Review Summary Form and Servicing Report Groundwater Summary Form to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and
v. the Tribunal has received, and approved, the Official Plan Amendment and Zoning By-Law Amendment submitted in a final form, confirmed to be satisfactory to the Parties.
9The Panel Member will remain seized for the purposes of reviewing and approving the final draft of the Official Plan Amendment and the Zoning By-Law Amendment and the issuance of the Final Order.
10If the Parties do not submit the final draft of the Zoning By-Law Amendment, as set out in subparagraph [8]2.(v) above, by Friday, July 5, 2024, then the Applicant and the City shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the Official Plan Amendment and the Zoning By-Law Amendment for the Tribunal’s approval and issuance of its Final Order.
11The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadline for the submission of the final form of the Official Plan Amendment and Zoning By-law Amendment and the issuance of the Final Order.
“N. Eisazadeh”
N. EISAZADEH 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
Attachment 2