Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 9, 2021
CASE NO(S).: PL200269
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 40-44-48 Hendon Inc. and 42-46 Hendon Inc.
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation: Mixed Use Area H
Proposed Designated: The Official Plan Amendment proposes to amend the density and height permissions of the North York Centre Secondary Plan
Purpose: To permit a 4-storey multi-unit residential building
Property Address/Description: 40, 42, 44, 46 and 48 Hendon Avenue
Municipality: City of Toronto
Approval Authority File No.: 19 264461 NNY 18 OZ
OLT Case No.: PL200269
OLT File No.: PL200269
OLT Case Name: 40-44-48 Hendon Inc. and 42-46 Hendon Inc. v Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 40-44-48 Hendon Inc. and 42-46 Hendon Inc.
Subject: Application to amend Zoning By-law No. 7625 Refusal or neglect of City of Toronto to make a decision
Existing Zoning: One-Family Detached Dwelling Sixth Density Zone (R6)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 4-storey multi-unit residential building
Property Address/Description: 40, 42, 44, 46 and 48 Hendon Avenue
Municipality: City of Toronto
Municipality File No.: 19 264461 NNY 18 OZ
OLT Case No.: PL200269
OLT File No.: PL200270
Heard: September 8, 2021 by video hearing
APPEARANCES:
Parties
Counsel
40-44-48 Hendon Inc. and 42-46 Hendon Inc.
Amber Stewart
City of Toronto
Derin Abimola
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON SEPTEMBER 8, 2021 AND INTERIM ORDER OF THE TRIBUNAL
1This is a settlement hearing regarding appeals by 40-44-48 Hendon Inc. and 42-46 Hendon Inc. (“Applicant/Appellant”) from the failure of the City of Toronto (“City”) to adopt an amendment to the Official Plan (“OPA”) and to amend Zoning By-law No. 7625 (“ZBA”) as it pertains to the properties municipally known as 40, 42, 44, 46 and 48 Hendon Avenue (collectively, the “Site”).
2The Site is located within the Newtonbrook West Neighbourhood in the former municipality of North York. The individual properties (5) are similarly rectangular in shape and range in size from 463 square metres (“sq m”) to 465 sq m, comprising a total Site area of 2,319 sq m. The Site has approximately 69.5 metres (“m”) of frontage on Hendon Avenue and a depth of 33.6 m.
3The surrounding uses include the publicly owned Hendon Park to the north and west; residential and institutional buildings to the east; and high-rise residential apartment buildings with at-grade three-storey townhouse units, a stacked townhouse residential development complex fronting onto Elora Avenue and Greenview Avenue, and four single-family residential dwellings fronting onto Hendon Avenue, to the south. The Toronto Transit Commission (“TTC”) Finch Subway Station is located approximately 240 m (about a 3-minute walk) from the Site.
4The Site is currently designated Mixed Use Areas by the Official Plan (“OP”) and is located within the North York Centre Secondary Plan (“NYCSP”) area.
Chronology of the Development Proposal
5The original ZBA application was submitted in January 2019 and contemplated twenty (20), three-storey (11 m in height) back-to-back townhouses for a gross floor area (“GFA”) of approximately 3,664.4 sq m and a floor space index (“FSI”) of 1.58. At the request of City staff, the proposal included a redesign of Hendon Avenue in the form of a full-size cul-de-sac as outlined in the NYCSP. The proposal included 696.3 sq m of landscaped area and 20 vehicular parking spaces to be located within a partially underground garage to be accessed from the cul-de-sac.
6The original application was revised through a resubmission of the ZBA, and an application for an OPA in December 2019, and again in June 2020 based on feedback from City staff through comments and additional meetings in relation to maintaining Hendon Avenue in its current form as a through street, and requiring an on-site parkland dedication.
7The revised application at that time included seventy (70) apartment units within a six-storey (19.65 m in height) condominium building and four (4) two-storey townhouse units connected to the building at the third floor. That proposal resulted in a GFA of 5,921 sq m and a FSI of 2.56. The cul-de-sac configuration as originally proposed was abandoned in favour of Hendon Avenue maintaining its current configuration as a through street. A single vehicular access driveway (7.2 m wide) from Hendon Avenue was proposed and a total of 49 vehicular parking spaces (42 residential and 7 visitor spaces) were intended to be provided within one level of underground parking.
8The proposal that is the subject of the settlement and now before the Tribunal consists of 30 dwelling units contained within a single stacked townhouse building separated into two 4-storey blocks, with stairwell access to a rooftop amenity area.
9This proposal results in a GFA of 3,500 sq m and a FSI of 1.51. Vehicular access to/from Hendon Avenue is to be provided by a 6-m wide private driveway between the buildings. Parking for tenants (35 spaces) and visitors (3 spaces) will be provided in one level of underground parking. The Applicant has agreed to provide a 72.5 sq m bicycle storage area in the underground garage and a full on-site parkland dedication of 232 sq m.
10The purpose of the OPA is to permit an increased height and density and to remove the cul-de-sac as contemplated within the NYCSP. The ZBA essentially rezones the entire Site from R6 to RM1 with site-specific exceptions.
Planning Evidence
11Ryan Guetter is an experienced planner and was qualified by the Tribunal to tender expert land use planning evidence and opinion. Mr. Guetter is a Registered Professional Planner and a Full Member of the Canadian Institute of Planners and the Ontario Provincial Planners Institute.
12It is Mr. Guetter’s professional opinion that the current development proposal is representative of good planning and is in the public interest. The proposal has been appropriately processed under the Planning Act and has regard to the provincial interest.
13The Provincial Policy Statement, 2020 (“PPS”) provides a policy framework that promotes and encourages intensification in locations well-served by municipal infrastructure. The proposal accommodates growth within an existing Settlement Area on lands that have been designated to accommodate future growth and intensification. The proposal will provide for a greater range and mix of housing types and add to the City’s existing housing supply, within an area that is primarily comprised of low-rise single-detached dwellings and high-rise mixed use buildings.
14The Provincial Growth Plan for the Greater Golden Horseshoe, 2020 (“GP”) provides a strategic framework for managing growth and environmental protection within the defined Greater Golden Horseshoe Area, of which the City forms an integral part. The entirety of the City is located within an area identified as a “Settlement Area” and a “built-up area”. The Site is in close proximity to higher-order transit services and within an area that is well located to accommodate growth. The proposal makes efficient use of the Site lands and offers a range and mix of affordable housing options. It is Mr. Guetter’s opinion that the proposed development advances key policies and conforms to the GP.
15The OP establishes the objectives of the City in integrating regional infrastructure and investment to shape the future growth and development of the Greater Toronto Area. The proposal makes better use of existing urban infrastructure and services; reduces dependency on automobiles; encourages the provision of a full range of housing types in terms of form, tenure and affordability, in particular rental housing; and increases the supply of housing in mixed use environments, creating opportunities for people to live and work locally.
16Revisions to the proposal have been implemented to ensure appropriate massing, setbacks, height, parking, and transition in scale between different areas of intensity. The development and intensification of the Site will assist in achieving the efficient use of existing infrastructure, reduce automobile dependency, increase housing supply, and provide a mix in housing tenure. In his opinion, the proposed development advances the goals of the OP by increasing the supply of housing in a mixed-use environment, creating opportunities for people to live and work locally within the North York Centre.
17The Site is located in the north portion of the NYCSP area. Through discussions with City staff, the development proposal has been revised in order to address the policies of the NYCSP, and includes reductions to building heights, massing, built-form alternatives and offers an enhanced streetscape. These revisions ensure that the policies of the NYCSP are implemented by establishing a comfortable human scale, providing an appropriate transition in scale, reducing the impact on surrounding uses (including Hendon Park) and enhancing the safety and security of the pedestrian realm. In his opinion, the proposed development applications conform to the policies of the NYCSP, and the OPA represents good planning.
18Mr. Guetter is recommending that the OPA and the ZBA applications be approved in principle, with the Final Order being withheld until such time as the City Solicitor advises the Tribunal that the agreed upon conditions and/or stipulations have been satisfied.
CONCLUSIONS
19The Tribunal accepts and relies on the uncontradicted land use planning evidence and expertise of Mr. Guetter to support the implementing planning instruments to allow the development of the Site in the manner being proposed.
20The Tribunal finds that the current proposal is consistent with the land use planning policy directives of the Province and is representative of good land use planning. The proposal makes more efficient use of underutilized lands within a residential neighbourhood area and adds to the supply, range and mix of housing opportunities available in the City. There are no defined conflicts with matters of Provincial interest.
21The subject OPA will facilitate the development of the lands in the manner being proposed, and in conformity with the policy intent of the OP and the NYCSP. The ZBA appropriately implements the intent of the OPA and facilitates the orderly development of the Site. The Tribunal finds that the overall proposal is in the public interest and is worthy of approval.
INTERIM ORDER
22The Tribunal orders that the appeals are allowed in part, and the proposed amendments to the City of Toronto Official Plan and Zoning By-law No. 7625 are approved in principle. The Final Order is being withheld until such time as the City Solicitor has advised the Tribunal that:
The form and content of the draft Official Plan and Zoning By-law amendments have been finalized to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;
The following matters and any other matters in support of the development are secured in a Section 37 Agreement executed by the Owner and registered on title to the satisfaction of the Chief Planner and the Executive Director, City Planning and the City Solicitor;
i. The density incentives to be secured in the Section 37 Agreement are as follows:
A bicycle storage area within the underground garage with a minimum size of 72.5 square metres; and
An indoor amenity space with a minimum size of 45 square metres.
ii. Prior to the issuance of the first above-grade building permit, the Owner shall be required to convey the 232 square metres portion of the development site for public parkland purposes to the satisfaction of the General Manager, Parks, Forestry and Recreation.
The Owner has provided a Functional Servicing and Stormwater Management Report and a Hydrogeological Report, acceptable to the Chief Engineer and Executive Director, Engineering and Construction Services; and
The Owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, and Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades are required to support the development, according to the Functional Servicing and Stormwater Management Report, and Hydrogeological Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services.
23The Tribunal further directs the City to provide a status update on the progress that has been made to finalize the necessary approvals by no later than four months from the date of issue of this Interim Order.
“M.A. Sills”
M.A. sills
VICE-CHAIR
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.