Plan for 11-storey building by Glen Stewart Ravine heading to Ontario Land Tribunal
By MATTHEW STEPHENS
Citing a “failure of City Council to make decisions on the revised applications” for an 11-storey, 99-unit, mixed-use residential development project at 847-855 Kingston Rd., real estate developer Gabriele Homes Ltd. is now seeking review from the Ontario Land Tribunal (OLT) for an approval of the project.
The decision to go to the OLT has many community members concerned for the future of the Glen Stewart Ravine, which is located directly south of the site, and the safety of pedestrians in the area.
“I am lucky enough to experience the ravine daily. And I have even enjoyed reading and been heartened by the City of Toronto’s published Ravine Strategy, recognizing this ecosystem for its importance to the city, including our climate future,” said local resident Jennifer Pilkington in a letter to the Beach Metro Community News.
“The original proposal was already opposed by the community and the city’s own Ravine Strategy. It is imperative that the community’s input is taken seriously, and that the proposal be denied. This small parcel of land should not be rezoned for mixed commercial use. It is on or adjacent to ravine and designated Environmentally Sensitive Areas on the west and south property borders,” she said.
There are currently three one-storey detached houses, a 1.5-storey medical office building, and a one-storey commercial building on the land where the 11-storey building is proposed.
The move to send the proposal to the OLT prompted a strong reaction from Beaches-East York Councillor Brad Bradford who is in support of the city’s legal staff opposing the application when it comes before the tribunal.
“This developer at 847-855 Kingston Road has not engaged once with my office,” said Bradford in an email statement sent to Beach Metro Community News.
“They chose to file an indefensible application for an 11-storey building right on the edge of the Glen Stewart Ravine. As just one example, they proposed a zero-metre setback from the long term stable top of slope, where our Official Plan and Conservation Authority policy requires a minimum 10-metre setback. Instead of working with city staff to address these serious issues, they chose to appeal straight to the Ontario Land Tribunal. I support having city staff and our legal team oppose this application at the OLT,” he said.
Beach Metro Community News reached out to the legal team who will be representing the developer at the OLT for comment on the proposal, but we have yet to receive a response.
Development at the site has been a controversial topic for close to a decade.
Residents have raised concerns regarding the project’s building size; insufficient traffic studies; increased traffic congestion due to a lack of planned parking spaces; safety risks to students attending schools in the area; and the environmental impact to the Glen Stewart Ravine.
“The surrounding buildings are seven to eight storeys, also the parking allowance is woefully small, and they didn’t include Hannaford Street in the traffic study, which will be highly impacted by only 22 parking spots in a 99 unit building, and general traffic trying to access the building at a non-controlled intersection,” said Beach resident Wayne Gibbeaus in an email to Beach Metro Community News.
“I am not entirely opposed to the original seven storeys, I believe in the need for density, but they need to fix the issues concerning the ravine and natural preservation. The ravine is a very special place for residents of the area and this building poses a potential threat.”
Pilkington agreed with Gibbeaus’ sentiment that housing and density are needed in the area, but not at the risk of compromising the ravine.
“Toronto’s housing crisis is real, and we need to build more homes. But the way forward isn’t to sacrifice protected green space,” said Pilkington.
The original Official Plan Amendment (OPA) and Zoning Bylaw Amendment (ZBA) applications were submitted back in August 2015 for a seven-storey, mixed-use building with a height of 24.26 metres including the mechanical penthouse, at 847-853 Kingston Rd. The development proposal included 4,420 square metres of total gross floor area with 124 square metres of retail space at grade and 29 residential units.
In December 2022, after acquiring the adjacent property at 855 Kingston Rd. two years prior, the developer submitted a revised proposal to construct an 11-storey, 38.2 metre (including mechanical penthouse) mixed-use building with retail at-grade, and 99 residential units at 847-855 Kingston Rd.
When it comes to density, parents like Sarah Cahill fear for the safety of children during rush hour when the development is complete.
“The large construction project proposed for 847-855 Kingston Rd. will create additional congestion along the busy Kingston Road commute and most likely result in extra traffic being pushed to nearby sideroads, including Malvern Avenue,” said Cahill in an email to Beach Metro Community News.
“What assessment, if any, has been made during the planning stage of this project to understand the impact of construction on local sideroads and ensure the safety of students accessing the two high schools (Malvern Collegiate and Notre Dame Catholic High School) on Malvern Avenue?”
Cherie Daly is a member of the Friends of Glen Stewart Ravine: an active Facebook group with more than 1,200 followers and 10 years of dedication to preserving the ravine’s flora and fauna. She said the group sent a letter to City of Toronto planning staff last August in protest of the proposed development, citing insufficient distance from the ravine as the group’s main concern.
“It is designated as an Environmentally Sensitive Area (ESA), which makes it quite special in the city. It is home to some very old oak trees which are keystone species providing food and homes for a diverse group of insects and birds and animals.” said Daly in her email.
“Our main concern was expressed best by the TRCA (Toronto and Region Conservation Authority) and concerns the inadequate setback from the top of the slope. The Official Plan policy requires a setback of at least 10 metres from the top of bank of valleys and ravines. According to the City’s Report for Action the setback is 0 metres. There is no buffer between the proposed development and the top of the slope of the Glen Stewart Ravine, the current application does not provide an adequate setback or buffer to the Environmentally Sensitive Area (ESA) and encroaches into the ESA.”
The City of Toronto website describes an ESA as a space within Toronto’s natural heritage system that requires special precautions to preserve its environmentally significant qualities and protect wildlife. Many ESAs in the city are found in ravines, river valleys and along the waterfront.
The city’s website states that “Development is not permitted and activities are limited to those that are compatible with the preservation of their natural features and ecological functions such as managed trails and viewing areas. Environmentally Significant Areas are protected by the Official Plan and zoning and by the Ravine and Natural Feature Protection By-law. Most Environmentally Significant Areas are located within the City’s parkland system, which is owned by the Toronto and Region Conservation Authority or the City of Toronto and managed by the City.”
According to Daly, despite the ravine being designated as an ESA, the development application includes the removal of seven ravine trees, including severe damage to an 83.5 cm DBH (Diameter at breast height) red oak tree.
The development will also have an impact on the wildlife habitat, particularly the nesting/breeding habitat for “Special Concern” and rare wildlife species such as the Eastern Wood-Peewee and bat maternity colonies, said Daly.
On Nov. 12, 2024, Gabriel Homes brought their proposal to the OLT, citing Toronto Council being unable to make a decision on the application within the timeframe established by the province’s Planning Act as the reason for doing so.
Michael Genin, a Beach resident of 13 years, is calling on Beaches-East York MPP Mary-Margaret McMahon and Beaches-East York Councillor Bradford to “represent community interests,” at the OLT’s Case Management Video Conference on May 14.
In an email to Beach Metro Community News, Genin said the proposal for an 11-storey building is an “egregious overstep” in zoning, and the original seven-storey proposal would have made more sense.
“The most frustrating part? The developer could have made housing available years ago had they respected zoning and environmental issues,” he said.
Genin is also concerned that approval of this proposal by the OLT would set a precedent for other properties in the area.
“Zoning laws and environmental protections should not be up for negotiation,” he said. “The Beach community deserves transparency when it comes to what is allowed to be built in their neighbourhood.”
For more information on the Ontario Land Tribunal, please visit https://olt.gov.on.ca/
