Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 24, 2022
CASE NO(S).: OLT-22-001940 (Formerly PL200216)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Vitmont Holdings (Vic Park) Inc.
Subject: Application to amend Zoning By-law No. No. 7625. - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: Local Shopping Centre (C2)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the development of a nine storey (27 metres) mixed-use building
Property Address/Description: 1460 Victoria Park Avenue
Municipality: City of Toronto
Municipality File No.: 17 277574 NNY 34 OZ
OLT Case No.: OLT-22-001940
Legacy Case No.: PL200216
OLT Lead Case No.: OLT-22-001940
Legacy Lead Case No.: PL200216
OLT Case Name: Vitmont Holdings (Vic Park) Inc. v Toronto (City)
Heard: January 19, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Vitmont Holdings (Vic Park) Inc.
G. Borean
City of Toronto
N. Muscat
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON JANUARY 19, 2021 AND INTERIM ORDER OF THE TRIBUNAL
1This Decision approves a settlement in principle as endorsed by the Parties.
2Vitmont Holdings (Vic Park) Inc. (“Applicant”) had appealed the absence of a decision by the City of Toronto (“City”) on an application for Zoning By-law Amendment (“ZBA”) affecting 1460 Victoria Park Avenue (“site”). Two ZBAs are required, one to address Zoning By-law No. 7625 for the former City of North York, and one to address Zoning By-law No. 569-2013 for the City of Toronto.
3Settlement discussions between the Parties resulted in agreed ZBA provisions based on detailed development plans for the site.
4Kevin Bechard, as Planner for the Applicant, provided a sworn Affidavit marked as Exhibit 1. The Tribunal qualified and affirmed Mr. Bechard to provide opinion evidence in land use planning. He is a Registered Professional Planner and has been qualified by the Tribunal on many occasions.
5With reference to Exhibit 1, Mr. Bechard provided oral evidence on the proposal, its community context, summary recommendations, and explained the potential implications for this site should nearby O’Connor Drive be re-aligned.
6Proposed for this site is a mixed-use, 11-storey building with commercial uses at grade and 116 rental dwelling units above, consisting of one, two or three-bedroom apartments. The site design includes below-grade parking, a street presence facing Victoria Park Avenue, and suitable setbacks, stepbacks and greenspace.
7Mr. Bechard attests that the site design and implementing ZBAs satisfy all relevant policies and guidelines, including such requirements as orderly development, a full range of housing, support for existing and proposed transit, and healthy, livable communities. He considers this mid-rise building to be suitable in scale and massing for the area, noting that setbacks and stepbacks satisfy such matters as streetscape aesthetics, shadowing, and compatible height given the planned widening of the Victoria Park Avenue right-of-way.
8O’Connor Drive, located to the west of this site, is undergoing an Environmental Assessment that includes consideration of a potential diversion to connect with Victoria Park Avenue. Should that option be approved, all or most of this site would become part of the new street allowance. These matters are connected with the adopted, but not yet in force, Golden Mile Secondary Plan. Mr. Bechard attests that the proposed Holding provisions in the ZBAs adequately address the eventual street layout before development on this site may proceed.
9Mr. Bechard concludes that the ZBAs satisfy all statutory tests: regard for the provincial interests of s. 2 of the Planning Act; consistent with the Provincial Policy Statement, 2020; conform with A Place to Grow, Growth Plan for the Greater Golden Horseshoe, 2020; and conform with the City’s Official Plan, including policies and related guidelines applicable to the area of this site. Mr. Bechard opines that the ZBAs represent good planning in the public interest.
10The Parties requested an Interim Order to endorse the draft ZBAs and withhold Final Approval until the City’s standard requirements are satisfied, as set out in the Order below.
11On the uncontested planning evidence, the Tribunal finds that the ZBAs satisfy all statutory tests as referenced above, and represent good planning in the public interest. The Tribunal has had regard to the decisions of the City related to this planning matter, including the City’s endorsement of the draft ZBAs and related conditions.
INTERIM ORDER
12The Tribunal Orders that:
the appeal is allowed in part;
amendments to the City of Toronto Zoning By-law No. 569-2013 and to former City of North York Zoning By-law No. 7625 are approved in principle as contained in Attachment 1 (being Exhibit 1, Tabs V and W); and
the Final Order is withheld pending receipt from the City of Toronto of the final form of the Zoning By-law Amendments and confirmation that the City’s conditions have been fulfilled as contained in Attachment 2 (being Exhibit 1, pages 28 and 29, paragraphs 144 a. and b. inclusive).
13The Parties are directed to report to the Tribunal, within four months of issuance of this Interim Order, on the Parties’ progress and timeline to requesting a Final Order.
14This Member will remain seized for issuance of Final Approval, and may be contacted through the Case Coordinator should issues arise during the implementation of this Interim Order.
“S. Tousaw”
S. tousaw
MEMBER
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.
OLT-22-001940 – Attachment 1
OLT-22-001940 – Attachment 2
- It is my recommendation that the OLT withhold its Order on the ZBA until such time as the OLT has been advised by the City Solicitor that:
a. the proposed Zoning By-law Amendment(s) is in a final form and with content satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor and such zoning by-law including a Holding (H) Symbol, pursuant to Section 36 of the Planning Act, as generally described in Paragraph 137 of my Affidavit above, with any such stylistic and technical changes satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, in consultation with the General Manager, Transportation Services;
b. the owner has, at its sole cost and expense:
i. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report (“Engineering Reports”) to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;
ii. has secured the design and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Service and the General Manager, Toronto Water;
iii. ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or any such required changes have been made to the proposed amending By-laws to the satisfaction of the Chief Planner, City Planning Division and the City Solicitor; and
iv. provided a revised transportation impact study satisfactory and acceptable to the General Manager, Transportation Services, including transportation demand measures (TDM Measures) to be implemented and secured at site Pian approval.