Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 02, 2022
CASE NO(S).: OLT-21-001776 (Formerly PL180431)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Wells Gordon Limited
Subject: Application to amend Zoning By-law No. 438-86 and 569-2013, - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Pleasant Road is zoned CR 3.0 (c2.0; r2.5) SS2 (x2417) and Brownlow Avenue, is zoned R (do.6) (x218) and R (do.6) (x914).
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the expansion of the existing Briton House Retirement Centre
Property Address/Description: Various Addresses
Municipality: City of Toronto
Municipality File No.: 17 257139 STE 22 OZ
OLT Case No.: OLT-21-001776
Legacy Case No.: PL180431
OLT File No.: OLT-21-001776
Legacy File No.: PL180431
OLT Case Name: Wells Gordon Limited v. Toronto (City)
Heard: January 12, 2022 by video hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| Wells Gordon Limited | B. Engell* |
| City of Toronto | A. Suriano* |
| South Eglinton Ratepayers’ and Residents’ Association (“SERRA”) | A. Gort |
| Royalwood Developments Limited (“Royalwood”) | J. Cheng* |
MEMORANDUM OF ORAL DECISION DELIVERED BY D.S. COLBOURNE AND G. BURTON ON JANUARY 12, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1As set out in Mr. Stagl’s Affidavit, Exhibit 1, the subject property is located west of Mount Pleasant Road, north of Soudan Avenue, and east of Brownlow Avenue, in the City of Toronto. It is approximately 280 metres (“m”) south of the Eglinton Avenue East and Mount Pleasant Road intersection.
2The site is located immediately to the west of the existing Briton House Retirement Centre complex (“Briton House”). It is comprised of 2,090 square metres (“sq m”), with approximately 45.7 m frontage on Soudan Avenue and 45.7 m frontage on Brownlow Avenue, including the municipal addresses of 214-224 Soudan Avenue and 10-2 Brownlow Avenue.
3The site currently contains three semi-detached dwellings and two detached dwellings. The original application proposed that a portion of The Briton House Centre currently located on 226 Soudan Avenue (containing 5 independent dwelling rooms) would be demolished and included in the new expansion building footprint. This would add approximately 495 sq m to the expansion site for a total expansion/construction site area of 2,090 sq m. It would be a 25-storey tower with a seven (7)-storey base.
4At the first Case Management Conference (“CMC”) with the Tribunal revised plans were filed, separating the lands from Briton House entirely. This would support a separate 21 storey condominium project, which is the subject of the current proposal and settlement. Severance of the site has already been accomplished.
5Discussions led to further revisions all of which were submitted for Council’s consideration, and the details are set out on page 8 of Mr. Stagl’s Affidavit (Exhibit 1).
6All discussions have involved SERRA and Royalwood, and both of those Parties have settled with the proponent. SERRA were satisfied that the proponent will provide plantings for the POPS areas proposed for the front and side of the site. Royalwood has secured an agreement on reciprocal setbacks, and that there will be no appeals for the subject and any future development proposed on the Royalwood site.
7Mr. Stagl’s review of the planning documents outlines the following as the Existing Planned and Approved Building Context:
- The Official Plan requires new development to “be located and organized to fit with its existing and/or planned context” (Policy 3.1.2.1).
8The Official Plan includes the subject property as being within the Yonge-Eglinton “Centre” (one of four within the City) and a portion within an “Avenue”, and designates the easterly portion of the subject property as “Mixed Use Area” and the westerly portion as “Apartment Neighbourhood” area.
9The Official Plan establishes that “growth will be directed to the “Centres”, “Avenues”, “Employment Districts” and the “Downtown” (Policy 2.2(2)).
10The Yonge-Eglinton Secondary Plan, (2006, as consolidated to 2014), represents the Secondary Plan in effect at the time of this assessment.
11The site is wholly located within the boundaries of this Yonge-Eglinton Secondary Plan which reflects the designations found in the Official Plan. Where there is no conflict between the Secondary Plan and the Official Plan, the Secondary Plan recognizes the policies of the Official Plan.
12The Yonge-Eglinton Centre boundary line in this location runs parallel to Soudan Avenue, approximately 30 m north of Soudan.
13Within the Secondary Plan area, the 2014 Plan identifies as a primary objective minimizing conflicts among uses in “Mixed Use Areas”, “Neighbourhoods”, “Apartment Neighbourhoods” and “Parks and Open Space Areas” in terms of land use, scale and vehicular movement. The Secondary Plan identifies compatibility considerations to protect Neighbourhood areas, including minimizing shadowing from buildings located in abutting