Ontario MunicCommission dde I'Ontario

I$.SUE DATE:

1926 Lakeshore Wesubsection 34(11)Council's neglect toof Toronto toredevelopment ofO.M.B, F i le No. PL1

PROGEEOING1990, c. P. '13, as

Applicant and AppelSubject:

Existing Zoning:Proposed Zoning:

Purpose:

Property AddMunicipality:OMB Case No.:OMB Fi le No.:

Heard:

APPEARANSES:

Partier

1926 Lakeshore W

City of Toronto

Swansea Area Rate

palaff

oareiires municipales

t , 2014 CA$E NO($).r

. has appealed to ifie Ontario Munieipal Board u

Gpunsql

K. Kovar and S. t-oiacono

A, Msscovich

W. H. Roberts

\f,r

landsr resi<

the ,Acf, R,S,O. 1990, c. F. 13, as arnended, frornproposed arnendment to Zoning 8y-law 488-86 of th

pecting 1926 Lake Shore Foulevard West to permntial towers of 42 and 48 stories

ME En UNDfiH subsection 34(11) of tho Planning Act, R

1926 l-akeshore West GP Inc.Application to arnend Zoning By-law f{o,86- Neglect of City of Toronto to make adecisioneR T2.0 C2.0 R't .0$ite Specific {To be deterrnined)

To perrnit the redevelopment of two restowers of 42 and 48 stories1926 Lakes Shore Boulevard WestCity of TorontoPL1 3OB8BPL1 30888

September 2, 20r"14, in Toronto, Ontario

yer' Group

Ont,a.rlo

Citythe

38-

PL13088$

MEMOfrATdSI,}M SFSN SEPTEMBEH 2,

sH&{*mnst$$*N mELlVH,ffign mV "lAM€'* R. McKHfl$ZtEe$14 s 0R0€H nF T!'{E SS&Rro

t1l '1926 L-akeshcre We GP Inc. {"appl icanl") own$ 1926 Lake Shore Bauievard

he City t : f Tcronto {"City"). In Apri l 2013' i t appl ied to

s amended, the City's conrprehensive zorring by-law' io

be recjer.reloped with 847 units in fwo resiclential l:uildings,

d by a four-storey poclium. Given the absence of a decistort

by Council within the statutry tinre periorl, the applicant appealed in August 2014'

pursuant to s. 34(1 1) of the ing Acl

t21 $trbserquent tq the filng o{ the appeal, the applicant anrJ the city, along with ihe

Group, participated in a Board-convened rnecjiation process

West ("subject PropefiY") itr

amend By-larru No. 438-85,

permit the subject ProPenY42 and 48 storeYs, connect

Swansea Area RatePaYer'

and successfr-rl lY resolved

and deal witfr the aPPeal in

scheme con*isting of 7S0

by a five-storeY Podium'

t3l The subiect ProPe

$hore Boulevard West and

approximately 1 24 metres

ihe latter. Tlre Frederick G

To the south, oPPosite Lak

and related oPen space se

corridor.

i4l The subjeet ProPeil

and zoned in the CitY's c

as CR T2.0 C2.0 H1.0, a

i r d isputed issues. This hear ing wa$ convened to consider

e context of that settlemont, which incorporaies a revtsed

its in two residential building , 35 sioreys each, connected

is rectangular, situated at the no*heast corner of Lake

Winderrrrere Avenule, ancl rnaintains frontage of

n the former anci flarrkage of approximately 35 rnetres ort

Gardine r f ixpressway (the "Gardiner") abuts to the nodh

shore Boulevard west, is the $ir casimir Gzowsltl Park

ing a dual rols of a lvaterfrcnt destination and irt ivul

is clesignated in the city's official Pian as Mixed use Areas

prelrensive zoning by-iaw, Sy-law No' 438-86, as amended'

ssificatiarr permitting residential andlor csmmerciaI uses

t5l Robert Glover is an hitect, urbandesigner, and planner lvith 35 ycars of

as an exps$ witness in those $arneprafessional exPe rience. e was qualif ied

disciplines.

16l Mr. Glover's evidenc

context, the proposed rede

the operation of the pr

l7J Mr Glover testified

intensification of uses of ih

Provincial Policy Statement

Greater Golden Horseshoe

planning instrurnents, prom

infrastructure throuqh the

l8 l Considering the p

Glover testif ierd that the sc

on proximate neighbourhoo

and natural areas situated s

through a series of photog

the manner in which the ci

deployed, and explained t

which the suhrject property

equinoxes, the proposed bu

areas to the rror"th; there is

designated areas to the no

majority of affected properli

summer solstice, the pro

open $paces to the south, i

5:30 p.m.; horruever, the pro

upgrades has been secured

l9l In all, I\dr. Glover testi

acceptable relationship to a acent and surrounding land uses.

PLl 30888

rrery thonoughly described the subject propefiy's physical

apment scherno, the policy and regulatory context, and

amending zoning by-law (Exhibit 6).

t the proposed scheme represents a suitable

subject prope$y, rendering it consistent with the 2014'2014 PPS") and in coniormity with the Growth Plan for the

Growth Plan")-both of which, as higher-order provincial

e and r€quire the efficient use of urban resources and

nsification of land uses

ed scheme in the context of the City's Official Plan, Mr.

e raises two issues in the context of its policies: its impact

s located north of the Gardiner, and its impact on parks

uth of Lake Shore Boulevard West. Takins the tsoard

irs, plans, elevations, and shadow studies, he described

ity and height of the proposed buildings has been

schenre's responsiveness to the physical context within

situated. For example, during the summer and fall

ings cast no shadows on NeEhbourhoad designated

e limited shadowing on Apaftrnent Neighbourhaod

however those shadows are fleetinq such that the

s are c lear of shadows by 1 1 :1 I a.m. Moreover, dur ing

d bui ld ings only begin cast ing s l ' radows at 6:18 p,rn. on

luding a children's splash-pad. The splash-pad closes

ision of a new splash-pad and other waierfrcnt amenity

as contributions pursuant to s. 37 of the Planning Act.

that the proposed redevelopment scheme achieves an

the

the

at

4

exemlne$-

the Growth Plan, and equall$ conforrn to the City's

iii '

that the Board acknowledge plause 1'f of Council's

r reads: "City Council...direcj staff to involve the $wa

cussions relating to eite planiapproval once a site pla

submitted...." With there ndinS ns $biection to theI

ges that clause, noting thst thi$ acknowledgernent is

any status under s. 41 of th{ P/anning Aci

III

Ii

The Board orders that BV-lalw No. 4$S-8$, as srnen(

out in f;xhlbit 6, For ease of reference, it is appendr

The City clerk is authorise{ to assign a number to tI

, whic reads: "City Counci}.. "direc{ siaff to involve the $

ions relating to site planiapproval once a site pI

1 , . . "

implementing by-law reco eeping purposes,

"James R"

t10l Mr. Slov,er w&s

111l The Board s M r

and relies on it ts find t t h

settlament is based an Exhi

the 2014 PP$ and rrn

Plan.

t121 ,Mr. Roberts reqreeolution in this matte

Area Ratepayers G in di

approval application

requgst, the Board

to be construed as

ORT}ER

t13] The aPPeal is owed

is amended in the ma er

this deeislon as Attach nt

A *onstit

iI JAME$ H. McKI vrcE-I

lII

lIi

iI

Sntario Municipal goard ialof Environnrent and Lan$ Tribunals Ontario; TeNephons: 41 0.214-ffi4$ Tofl Free: 1-8ffi'-448-

IIIi

li

JAMES H. Mc

Glover's uncor:tradicted pr:ofpssional p|anning evid

redevelaprnent scheme upot which the parties'

it S, its implementing zoning py-law' nre consistent

Website: www.elto.

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