Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 24, 2021
CASE NO(S).: PL170585
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Kilbarry Holding Corporation
Subject: Application to amend Zoning By-law Nos. 7625 and 569-2013 - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: C2 and C2 (8)
Proposed Zoning: Site Specific To be determined
Purpose: To permit townhouse units
Property Address/Description: 221-245 Wilmington Ave
Municipality: City of Toronto
Municipality File No.: 06 111098 NNY 10 OZ
OLT Case No.: PL170585
OLT File No.: PL170585
OLT Case Name: Kilbarry Holding Corporation v. Toronto (city)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Kilbarry Holding Corporation
Subject: Proposed Plan of Subdivision - Failure of the City of Toronto to make a decision
Purpose: To permit townhouse units
Property Address/Description: 221-245 Wilmington Ave
Municipality: City of Toronto
Municipality File No.: 11 142457 NNY 10 SB
OLT Case No.: PL170585
OLT File No.: PL170662
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: Kilbarry Holding Corporation
Subject: Site Plan
Property Address/Description: 221-245 Wilmington Ave
Municipality: City of Toronto
OLT Case No.: PL170585
OLT File No.: PL170586
Heard: October 29, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Kilbarry Holding Corporation (Applicant, Appellant)
Adam Brown
City of Toronto
Mark Piel
DECISION DELIVERED BY N.P. ROBINSON AND INTERIM ORDER OF THE TRIBUNAL
INTRODUCTION
1Kilbarry Holding Corporation (the “Applicant”) filed applications with the City of Toronto (the “City”) to amend the City’s Zoning By-law, to approve a Draft Plan of Subdivision and an application for Site Plan Control Approval, all to facilitate the re-development of the property at 221-245 Wilmington Avenue (the “Site”) with residential townhouses (“Development”).
2The Site occupies approximately 2.31 hectares of land located at the northeast corner of the intersection of Wilmington Avenue and Overbrook Place, with 179 metres (“m”) of frontage along Wilmington Avenue and 132 m of frontage along Overbrook Place.
3Following a cooperative process that included meetings and discussions with City Staff, the Applicant and City Staff negotiated a settlement (the “Settlement Proposal”) of this matter, which Settlement Proposal was endorsed by City Council at its meeting on April 7, 2021.
4As part the process leading up to the Settlement Proposal, the local community also took the time to attend numerous working groups and public consultations to refine the proposal. The feedback received from the community significantly affected the Applicant’s final plans and drawings.
5The Settlement Proposal will facilitate the development of the Site with 164 three-storey back-to-back townhouses, split into 12 blocks, along with the provision of a public road through the Site connecting Wilmington Avenue and Overbrook Place.
6The Settlement Proposal includes a total of 25,853.3 square metres (m2) of residential gross floor area (for a density of 1.12 times the area of the Site) and 248 parking spaces, of which 32 spaces are for visitors.
7In 2010, the Applicant filed plans and drawings for a mid-rise development comprised of two buildings ranging in height from four (4) to seven (7) storeys, along with townhouse dwellings located in the interior of the Site. In response to feedback from the local community and City Staff, the Applicant subsequently revised the mid-rise scheme to the townhouse scheme that is before the Tribunal.
8As part of the Settlement Proposal, the Applicant has negotiated a Section 37 contribution with the City, which includes a cash payment of $900,000 towards Irv W. Chapley Park and improvements to other parks and recreational facilities in Ward 6.
ISSUES AND ANALYSIS
9The Applicant tendered evidence from Michael Goldberg, who was qualified to give expert opinion evidence as a Land Use Planner, in support of the Settlement Proposal.
10Mr. Goldberg reviewed the area context, explaining that the Site is located centrally within the “Bathurst Manor” neighbourhood, in an area well-served by transit. The area immediately surrounding the Site is comprised of an eclectic mix of dwelling types including semi-detached, duplexes and triplexes,