847-855 Kingston Road - Official Plan and Zoning By-law Amendment Application - Appeal Report

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The decision

2025-04-23 · Toronto City Council · adopted

As filed

City Council on April 23 and 24, 2025, adopted the following: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Official Plan and Zoning By-law Amendment appeal for the lands at 847-855 Kingston Road and to continue discussions with the Applicant in an attempt to resolve outstanding issues. 2. City Council direct that in the event the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request that the issuance of any Final Order be withheld until such time as the City Solicitor advises that: a.

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the final form and content of the draft Official Plan Amendment is to the satisfaction of the Executive Director, Development Review and the City Solicitor; b. the final form and content of the draft Zoning By-law Amendment is to the satisfaction of the Executive Director, Development Review and the City Solicitor; c. the applicant has addressed all outstanding issues raised by Development Engineering as they relate to the Official Plan and Zoning By-law Amendment or the determination of whether holding provisions or other measures are required in the Zoning By-law Amendment, to the satisfaction of the Chief Engineer and Executive Director, Development Engineering; d. the applicant has addressed all outstanding issues raised by the Toronto and Region Conservation Authority, including as they relate to the appropriate development setback from the erosion hazard associated with the Glen Stewart Ravine, the conveyance of these lands subject to an erosion hazard to the City and a Ravine Stewardship Plan; e. the applicant has addressed all outstanding issues raised by Environmental Planning including submitting a revised Natural Heritage Impact Study, an associated Landscape Plan that addresses all issues related to the Glen Stewart Ravine and related buffers/setbacks, to the satisfaction of the Chief Planner and Executive Director, City Planning; f. the applicant has addressed all outstanding issues raised by Ravine and Natural Feature Protection and Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application including the submission of a Ravine Stewardship Plan, to the satisfaction of the Executive Director, Environment, Climate and Forestry; and g. any necessary studies, including those related to pedestrian level wind impacts and sun and shadow, have been completed, and their recommendations addressed to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Development Review. 3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

On the agenda

As the city filed it

On August 10, 2015, an Official Plan and Zoning By-law Amendment application was submitted seeking permission for a 7 storey mixed-use building with a height of 24.26 metres including the mechanical penthouse. The proposal included 4,420 square meters of total gross floor area with 124 square metres of retail space at grade and 29 residential units at 847-853 Kingston Road. On December 29, 2022, the Applicant submitted a revised proposal after acquiring the adjacent property at 855 Kingston Road, to construct an 11 storey (38.2 metres, including mechanical penthouse) mixed-use building with retail at-grade, and 99 residential units at 847-855 Kingston Road.

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On November 12, 2024, the Applicant appealed to the Ontario Land Tribunal ("OLT") due to Council not making a decision on the application within the timeframe prescribed by the Planning Act. This report recommends that the City Solicitor and appropriate City staff attend the OLT hearing to oppose the application in its current form and to continue discussions with the applicant in an attempt to resolve outstanding issues.

Staff recommended

The Director, Community Planning, Toronto and East York District recommends that: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Official Plan and Zoning By-law Amendment appeal for the lands at 847-855 Kingston Road and to continue discussions with the Applicant in an attempt to resolve outstanding issues.

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2. City Council direct that in the event the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request that the issuance of any Final Order be withheld until such time as the City Solicitor advises that: a. the final form and content of the draft Official Plan Amendment is to the satisfaction of the Executive Director, Development Review and the City Solicitor; b. the final form and content of the draft Zoning By-law Amendment is to the satisfaction of the Executive Director, Development Review and the City Solicitor; c. the applicant has addressed all outstanding issues raised by Development Engineering as they relate to the Official Plan and Zoning By-law Amendment or the determination of whether holding provisions or other measures are required in the Zoning By-law Amendment, to the satisfaction of the Chief Engineer and Executive Director, Development Engineering; d. the applicant has addressed all outstanding issues raised by Toronto and Region Conservation Authority (TRCA), including as they relate to the appropriate development setback from the erosion hazard associated with the Glen Stewart Ravine, the conveyance of these lands subject to an erosion hazard to the City and a Ravine Stewardship Plan; e. the applicant has addressed all outstanding issues raised by Environmental Planning including submitting a revised Natural Heritage Impact Study, an associated Landscape Plan that addresses all issues related to the Glen Stewart Ravine and related buffers/setbacks, to the satisfaction of the Chief Planner and Executive Director, City Planning; f. the applicant has addressed all outstanding issues raised by Ravine and Natural Feature Protection and Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application including the submission of a Ravine Stewardship Plan, to the satisfaction of the Executive Director, Environment, Climate and Forestry; and g. any necessary studies, including those related to pedestrian level wind impacts and sun and shadow, have been completed, and their recommendations addressed to the satisfaction of the Chief Planner and Executive Director, City Planning and Executive Director, Development Review. 3. City Council authorizes the City Solicitor and City staff to take any necessary steps to implement City Council's decision.

Considered

2025-04-03 · Toronto and East York Community Council · adopted
Decision as filed
The Toronto and East York Community Council recommends that: 1. City Council direct the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current application regarding the Official Plan and Zoning By-law Amendment appeal for the lands at 847-855 Kingston Road and to continue discussions with the Applicant in an attempt to resolve outstanding issues. 2. City Council direct that in the event the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request that the issuance of any Final Order be withheld until such time as the City Solicitor advises that: a.
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the final form and content of the draft Official Plan Amendment is to the satisfaction of the Executive Director, Development Review and the City Solicitor; b. the final form and content of the draft Zoning By-law Amendment is to the satisfaction of the Executive Director, Development Review and the City Solicitor; c. the applicant has addressed all outstanding issues raised by Development Engineering as they relate to the Official Plan and Zoning By-law Amendment or the determination of whether holding provisions or other measures are required in the Zoning By-law Amendment, to the satisfaction of the Chief Engineer and Executive Director, Development Engineering; d. the applicant has addressed all outstanding issues raised by the Toronto and Region Conservation Authority, including as they relate to the appropriate development setback from the erosion hazard associated with the Glen Stewart Ravine, the conveyance of these lands subject to an erosion hazard to the City and a Ravine Stewardship Plan; e. the applicant has addressed all outstanding issues raised by Environmental Planning including submitting a revised Natural Heritage Impact Study, an associated Landscape Plan that addresses all issues related to the Glen Stewart Ravine and related buffers/setbacks, to the satisfaction of the Chief Planner and Executive Director, City Planning; f. the applicant has addressed all outstanding issues raised by Ravine and Natural Feature Protection and Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application including the submission of a Ravine Stewardship Plan, to the satisfaction of the Executive Director, Environment, Climate and Forestry; and g. any necessary studies, including those related to pedestrian level wind impacts and sun and shadow, have been completed, and their recommendations addressed to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Development Review. 3. City Council authorize the City Solicitor and City staff to take any necessary steps to implement City Council's decision.
2025-04-23 · Toronto City Council · adopted

On the record

The item as the City filed it

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