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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