Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 1, 2022
CASE NO(S).: OLT-21-001703
EFFECTIVE DATE: August 12, 2022
(Formerly PL210193)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 2498703 Ontario Inc., 2498704 Ontario Inc., 60 Eglinton West Limited and 90 Eglinton Avenue West Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit development of 34-storey and 39-storey mixed-use residential buildings with 688 units
Reference Number: 20 229115 NNY 08 OZ
Property Address: 50, 60 and 90 Eglinton Avenue West and 17-19 Henning Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-21-001703
Legacy Case No.: PL210193
OLT Lead Case No.: OLT-21-001703
Legacy Lead Case No.: PL210193
OLT Case Name: 2498703 Ontario Inc. v. Toronto (City)
Heard: July 28, 2022 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| 90 Eglinton Avenue West Limited; and 60 Eglinton Avenue West Limited | D. Bronskill |
| City of Toronto | A. Suriano |
| Eglinton Park Residents Association | T. Cohen* |
DECISION DELIVERED BY HUGH S. WILKINS AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held a settlement hearing on July 28, 2022 in regard to appeals brought by 90 Eglinton Avenue West Limited and 60 Eglinton Avenue West Limited (“Appellants”) concerning the failure of the City of Toronto (“City”) to make decisions on the Appellants’ application for a zoning by-law amendment to facilitate development on the lands located at 50, 60 and 90 Eglinton Avenue West and 17-19 Henning Avenue (“subject properties”).
2The subject properties are located on the north side of Eglinton Avenue West between Duplex Avenue and Henning Avenue. They are presently zoned with site-specific Commercial Residential zoning. 50 Eglinton Avenue West has a two-storey brick building located on it, which is designated as a protected building under the Ontario Heritage Act. It was constructed in 1922 and used by the Toronto Hydro-Electric System as a substation.
3The proposed mixed-use development would consist of a 35-storey residential tower on the east side of the subject properties and a 33-storey tower on the west side providing a total of 702 residential units. The total gross floor area of the proposed development would be 52,575 square metres, including residential, retail and office uses. The proposed development would provide 292 vehicle parking and 741 bicycle parking spaces. The exterior of the heritage building at 50 Eglinton Avenue West would be retained and a three-metre wide colonnade would be integrated into the building along Duplex Avenue and Eglinton Avenue West. A laneway, which would be accessible to the public through a surface easement, would be provided on the north side of the subject properties.
4In May 2022, the City accepted a proposed settlement from the Appellants regarding the proposed Zoning By-law Amendment.
5On July 28, 2022, the Tribunal convened a settlement hearing to address the proposed settlement.
6On August 12,