Ontario Land Tribunal settlement hearing presented with details of agreement on development proposal near Glen Stewart Ravine
By MATTHEW STEPHENS
Residents were left disappointed with city staff and the Toronto and Region Conservation Authority (TRCA) at the latest Ontario Land Tribunal (OLT) settlement hearing, where a residential development just north of the Glen Stewart Ravine has been proposed for approval.
At the Feb. 3 OLT hearing, the TRCA and city staff said their concerns regarding adequate setbacks and preservation of the ravine had been addressed in developer Gabriele Homes Ltd.’s latest proposal for the 13-storey building.
The OLT is now in the process of reviewing evidence for the site 847-855 Kingston Rd., and a final decision by the tribunal on the settlement agreement for the site.
During the Feb. 3 virtual settlement hearing, representatives from the TRCA, City of Toronto, developer Gabriele Homes Ltd. and urban planning firm Bousfields Inc. (who spoke on behalf of the developer) discussed the settlement details and case evidence with the OLT.
“I’m pleased to advise that the parties, namely Gabriele Homes, the City of Toronto and the TRCA were able to reach a full settlement following a mediation process last year,” said Mark Flowers, legal counsel for Gabriele Homes Ltd.
Toronto Council approved the settlement agreement late last year, after the developer made several changes to the proposal, which included shrinking the building’s footprint and increasing its height to 13 storeys to ensure a mandatory 10-metre setback from the Glen Stewart Ravine.
As part of the settlement, Gabriele Homes is also required to give approximately 25 per cent of the land to the city as part of a Ravine Stewardship Plan, which will see the land designated as “parks and open space” used by the city to grow the size of the Glen Stewart Ravine.
Flowers told OLT member Carmine Tucci that a settlement was also reached with the TRCA, stating that their “issues had been resolved.”
Both Flowers and Bousfields’ Senior Associate Planner Courtney Heron-Monk spoke during most of the Feb. 3 meeting, as they discussed the case and presented “expert opinion” evidence to the OLT.
Gabriele Homes also presented evidence from ecologists and professionals specializing in terrestrial wetland vegetation and natural habitats, most of which was not publicly discussed at the meeting, but will be reviewed by the OLT prior to its decision.
Heron-Monk said the setback distance on the building’s south-facing side has been increased from six to 10 metres from the ravine’s “long term stable slope crest” (LTSSC).
However, only the southern portion of the development will feature a 10-metre setback. The west-facing side of the development includes a six-metre setback to the LTSSC, and 3.8 metres at the proposed building’s northwest corner.
Despite not having 10-metre setbacks across all portions of the development, the proposal is now in compliance with the TRCA’s requirements, according to Matthew Rutledge, counsel for the TRCA.
Heron-Monk told the OLT that, through a Natural Heritage Impact Study and mediated discussions with the TRCA, “there will be no direct impacts associated with the proposed development on the Environmentally Significant Area (ESA) adjacent to the building, and encroachments are limited within the natural heritage system.”
“In my opinion, the proposed development will result in a net improvement to the ecological condition and long-term stewardship of the ravine,” she added.
Addressing concerns included in the report to the OLT related to “unnecessary” housing needs in the city due to an oversaturated market, Heron-Monk said municipal requirements for increased housing are determined by “long term growth forecasts and provincial policy, rather than short term market trends.”
“We have municipal policy that requires planning for increased housing supply in locations that effectively use infrastructure such as transit,” said Heron-Monk. “In line with this direction, the city continues to advance policies for additional housing and intensification, particularly along major streets like Kingston Road.”
Speaking to the ravine’s cultural significance to the Indigenous community, Heron-Monk said studies found no trace of archaeological resources at the site, and so it would not be considered as having any archaeological significance.
“Stage 1 and 2 assessments had been prepared. They concluded that although the site initially showed some potential for archaeological resources, ultimately, field investigation confirmed that there are no archaeological resources present and no further assessment is required,” said Heron-Monk.
She acknowledged that Toronto Council has directed staff to “undertake consultation with the local Indigenous communities and stakeholders,” as part of the settlement, which will come later in the process.
However, the promise of future consultation did little to soothe frustrated attendees at the meeting, who commented online on Heron-Monk’s statements.
“Heron-Monk is from Bousfields Inc. which is a consultant to Gabriele Homes. Just noting so everyone knows this is not an objective report,” said one resident comment at the meeting.
In her closing remarks, Heron-Monk said the latest proposal follows each respective party’s building requirements and represents “good planning and urban design.”
“In my opinion, the proposed development conforms with the official plan subject to the requested official plan amendment, and it has appropriate regard for relevant urban design guidelines,” said Heron-Monk. “I therefore recommend approval of the draft official plan amendment and zoning bylaw amendment.”
Beach Metro Community News reached out to members of conservation group Friends of the Glen Stewart Ravine (FGSR) and local residents to get their thoughts on the meeting.
“There was no debate or discussion about what was presented. I heard that although the proposal conflicts with bylaws, guidelines and planning that should protect unique sites like the GSR, this no longer matters because there is an insignificant threat to the ravine slope, erosion, mature trees, etc.,” said Sheila Dunn, a member of FGSR.
Cherie Daly, another member of FGSR, expressed disappointment that the TRCA approved the project despite what she said were the building’s “inadequate” setbacks.
“The TRCA initially was quite opposed to this development. It was a letter from… the TRCA that provided the main arguments for rejecting the previous versions of this development,” said Daly. “I was told earlier on in the process by someone with experience that the TRCA has never compromised on the 10-metre setback. This compromise they have made is disheartening and a dangerous precedent.”
Resident and mechanical engineer Michael Genin said University-Rosedale Councillor Dianne Saxe was inaccurate in her assurance that the appropriate setbacks would be adhered to.
“It’s now conclusive that the end result was a 3.8-metre setback on the west side of the building when 10 metres is required,” said Genin.
“We were assured by Councillor Saxe that these issues were resolved when this settlement was brought to city council. Councillor Bradford also strangely reaffirmed in his social media communication that the 10-metre setback was achieved in the settlement.”
Tucci said comments made by participants at the OLT would be considered before the tribunal makes its final decision.
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