Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 29, 2022
CASE NO(S).: OLT-22-003801 (Formerly PL170525)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: The Symington Holdings Ltd.
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Neighbourhoods
Proposed Designated: Apartment Neighbourhoods
Purpose: To permit the proposed development comprising of a 6-storey mid-rise element stepping upwards to a 9-storey element which is connected to a 24-storey tower element
Property Address/Description: 386-394 Symington Avenue, 485 Perth Avenue and 17 Kingsley Avenue
Municipality: City of Toronto
Approval Authority File No.: 15238678 WET 17 OZ
OLT Case No.: OLT-22-003801
Legacy Case No.: PL170525
OLT File No.: OLT-22-003801
OMB Case Name: The Symington Holdings Ltd. 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: The Symington Holdings Ltd.
Subject: Application to amend Zoning By-law Nos. 438-86 and 569-2013 - Neglect of the City of Toronto to make a decision
Existing Zoning: I2 D2 (ZBL No. 438-86) E 2.0 (x301) (ZBL No. 569-2013)
Proposed Zoning: Site specific to permit residential uses on the Property, increasing the permitted height and density and adding other site-specific development standards to permit the proposed development.
Purpose: To permit the proposed development comprising of a 6-storey mid-rise element stepping upwards to a 9-storey element which is connected to a 24-storey tower element
Property Address/Description: 386-394 Symington Avenue, 485 Perth Avenue and 17 Kingsley Avenue
Municipality: City of Toronto
Municipality File No.: 15 2386778 WET 17 OZ
OLT Case No.: OLT-22-003801
Legacy Case No.: PL170525
OLT File No.: OLT-22-003959
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Referred by: The Symington Holdings Ltd.
Subject: Site Plan
Property Address/Description: 386-394 Symington Avenue, 485 Perth Avenue and 17 Kingsley Avenue
Municipality: Toronto
OLT Case No.: OLT-22-003801
Legacy Case No.: PL170525
OLT File No.: OLT-22-003960
Heard: June 17, 2022 by written hearing
APPEARANCES:
Parties
Counsel*/Representative
Symington Properties Development Ltd. (“Applicant”/“Appellant”)
Daniel Artenosi*
City of Toronto (“City”)
Abbie Moscovich*
Consiel scolaire Viamonde
Aaron Platt*
Perth Symington Kingsley Residents Association
Hannah Fleisher*
Derrick Rasbach
Self-represented
DECISION DELIVERED BY S. TOUSAW AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision approves a revised settlement between the Applicant and the City, without objection from the other Parties, that results in an amended Interim Order pertaining to an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) for a residential development on Symington Avenue (the “site”) in the Weston-Pelham neighbourhood of the City.
2Since the Tribunal’s original Decision issued on December 21, 2018 which approved the Parties’ settlement, revisions to the development plans have occurred for which the Applicant and City seek an amended Interim Order.
3The Tribunal scheduled this matter as a re-opening and continuation of the settlement hearing, noted above, convened under Rule 12.1 of the Tribunal’s Rules of Practice and Procedure, for the purpose of considering the revised settlement of the Parties.
Evidence
4The uncontested affidavits of Michael Bissett, marked as Exhibits 1 and 2, outline the process, design changes, and his planning opinions upon which the Tribunal relies in this hearing. The Tribunal notes that Mr. Bissett is a Registered Professional Planner and hereby qualifies him to provide opinion evidence in land use planning for this matter. The “Exhibits” referred to in Mr. Bissett’s affidavits are hereafter referred to as “Tabs” in this Decision.
5The planning evidence is summarized as follows.
6Changes to the design of the development arose during the detailed design work and technical studies associated with the original Interim Order, along with more recent changes sought by the new owner of the site. The changes were evaluated through the City’s public process and are considered improvements to the site design, including: increased separate between the tower and mid-rise components; a larger gross floor area and one additional storey on the tower; an increase of 53 dwelling units; fewer parking spaces; relocated loading area; improved low-rise design; and removal of commercial space. The more recent changes include a purpose-built rental apartment building rather than a condominium, and a further reduction in the parking rate.
7The resulting residential development of 375 units includes a 17-storey tower at the south end of Perth Avenue, an 8-storey portion fronting onto Symington Avenue, and a 4-storey portion along Perth Avenue and Kingsley Avenue.
8The residential use, height, massing and design respect and fit with the abutting lands, the broader neighbourhood, the street pattern, and the railway, all in conformity with the Official Plan built form and public realm policies and applicable urban design guidelines.
9As agreed by the City’s planning staff, Mr. Bissett opines that the revised development plans, to be reflected in the resulting OPA and ZBA, satisfy all statutory requirements: consistent with the Provincial Policy Statement, 2020; conform with the Growth Plan, 2019; conform with and/or respect the Official Plan through the OPA; and satisfy the City-wide Urban Design Guidelines. Mr. Bissett opines that the OPA and ZBA represent good planning in the public interest.
Decision
10Having had regard to the decisions of City Council related to this revised settlement, and on the uncontested planning evidence of Mr. Bissett, as corroborated by City planning staff, the Tribunal finds that the draft OPA and ZBA satisfy all statutory requirements. The Tribunal will approve the revised development and amend the Interim Order as requested by the Parties and set out below.
Interim Order
11The Tribunal Orders as follows.
12This Interim Order updates the Interim Order issued on December 21, 2018.
13The revised plans are approved in principle as contained in Tab G of Exhibit 2, subject to the requirements of the City of Toronto as contained in Tabs G and H of Exhibit 1 and Tab I of Exhibit 2.
14The Applicant and City are directed to report to the Tribunal, within four months of this Interim Order, on their progress and timeline to requesting a Final Order.
15The directions in the Interim Order of December 21, 2018, that are not affected by above paragraphs [13] and [14], remain in effect.
“S. Tousaw”
S. TOUSAW
MEMBER
Ontario Land Tribunal
Website: 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.