I have received a considerable amount of feedback from the Long Branch community regarding the development application at 220 Lake Promenade since its submission to the City on April 18, 2023. The comments cover a wide range of concerns, suggestions, and questions. 

In response to residents, my team and I have focused on providing increased consultation to ensure that residents have an opportunity to provide input directly with City Planning and the applicant. Ideally, local feedback informs revisions. You can learn more about community consultations to date here.

In coordination with City Planning staff, we convened a Working Group to allow for further consultation and review through this smaller and more collaborative format. The fourth and final Working Group meeting concluded recently with the developer team presenting a preview of their revised proposal. The applicant made several changes in response to the feedback they received, including additional amenity space and park land considerations, but were clear that they are unwilling to adjust the scale of the proposal.

I have since let the applicant know that I cannot support this application, at this location, in its current form.

Despite the revised proposal, the most significant concerns remain, including:

• The height and density proposed at this location, which is in the heart of a stable, long established single family residential area, accessible only by local roads without direct access to transit, and the impact that will have on road safety and other related issues.
• The capacity of local services and facilities to support the size and scale of this proposal at this location.
• The impact on tenants of the existing 548 rental units, some of whom have been living at this location for decades. Toronto does have strong policies and protections for Rental Housing Demolition and Replacement applications, but an application this large would still have considerable negative impacts on those tenants and require many people to be displaced in an extremely difficult rental market.

What’s next? 

1. The applicant can continue with the City’s development application review process, potentially making further revisions, until a report is prepared by City Planning and goes to City Council for a vote.
2. The applicant can choose to appeal their application to the provincial Ontario Land Tribunal (OLT).* My May 2024 Development Digest newsletter contained an overview of the OLT.

This application is complex with its scale, location, and existing rental housing, which is why I have facilitated a thorough review process and created additional opportunities for consultation and collaboration. If the applicant chooses to appeal this application to the provincial OLT, I trust the positive changes that resulted from the additional review and consultation process will be considered.

I will continue to monitor this application closely and work with City Planning staff towards the best outcomes for Etobicoke-Lakeshore residents. Please sign up for my newsletter to receive updates regarding this development application and other updates across Etobicoke-Lakeshore.

Yours in community service,

Councillor Amber Morley
Ward 3, Etobicoke-Lakeshore

 

* The Ontario Land Tribunal (OLT) is a provincial tribunal that reports to the Ministry of the Attorney General. When a development application is appealed to the OLT, it is effectively removed from the municipal approval process. While the OLT provides municipalities with the opportunity to work with applicants to resolve issues or represent/defend the municipality’s interests through a hearing process, the ultimate approval/denial of a development application proposal is at the discretion of the OLT.

Update (August 21)

On August 21, 2024 we received notice from the Toronto City Clerk’s Office that this site owner has appealed their development application to the Ontario Land Tribunal (OLT).

What does this mean?

When a development application is appealed to the OLT, it is effectively removed from the Municipal approval process. While the OLT provides municipalities with the opportunity to work with applicants to resolve issues or represent/defend the municipality’s interests through a hearing process, the ultimate approval/denial of a development application proposal is at the discretion of the OLT. Additionally, matters before the OLT are now part of a legal process, meaning that some information that may typically be available to the public in the municipal review process will instead be confidential. This has the unfortunate consequence that members of the public may not be kept completely up to date about the changes proposed in their neighbourhood until a decision is made at the OLT.

What happens next?

City Planning and City Legal Services will prepare an Appeal Report that will be brought to Etobicoke York Community Council and then City Council for review and a vote. This report will outline the details of the application, the City’s position with respect to the application and the appeal, and recommendations for how to proceed. Typically, City Council will direct the City Solicitor and appropriate City Staff to attend and represent the City’s interests with respect to the application. The timeline for the Appeal Report is not set, as it takes time to prepare that document. We will update the community through our newsletter when more information is available.

Who can take part in an active appeal?

Individuals or groups with interest in an OLT appeal can request party or participant status in the proceeding.

• Party Status – Parties to an appeal are fully involved in the proceedings. There may be restrictions on who can apply for Party Status and there are often significant costs involved as they may need to contract professional services like lawyers and planners to meet their expected responsibilities as a Party.
• Participant Status – Participants have a much more limited involvement in the proceedings. They may only be able to provide written submissions.
• OLT hearing events, excluding mediation, are open and can be attended by any member of the public, unless there is a concern relating to public security, intimate financial or personal matters will be disclosed, etc. that gives cause for a closed hearing.

Learn more about the provincial OLT here.