Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 9, 2022
CASE NO.: OLT-21-001178
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: DK Broadview Inc.
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Description: To permit the development of a 16-storey building
Reference Number: 18 118403 STE 29 OZ
Property Address: 954-958 Broadview Avenue and 72 Chester Hill Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-21-001178
OLT Lead Case No.: OLT-21-001178
OLT Case Name: DK Broadview Inc. 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: DK Broadview Inc.
Subject: Application amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision
Description: To permit the development of a 16-storey building
Reference Number: 19 125893 STE 14 OZ
Property Address: 954-958 Broadview Avenue and 72 Chester Hill Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-21-001179
OLT Lead Case No.: OLT-21-001178
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: DK Broadview Inc.
Subject: Application amend Zoning By-law No. 569-2013 - Refusal or neglect of City of Toronto to make a decision
Description: To permit the development of a 16-storey building
Reference Number: 19 125893 STE 14 OZ
Property Address/Description: 954-958 Broadview Avenue and 72 Chester Hill Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-21-001180
OLT Lead Case No.: OLT-21-001178
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: DK Broadview Inc.
Subject: Application amend Zoning By-law No. 6752 - Refusal or neglect of City of Toronto to make a decision
Description: To permit the development of a 16-storey building
Reference Number: 19 125893 STE 14 OZ
Property Address: 954-958 Broadview Avenue and 72 Chester Hill Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-21-001636
OLT Lead Case No.: OLT-21-001178
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: DK Broadview Inc.
Subject: Site Plan
Description: To permit
Reference Number: 21 249739 STE 14 SA
Property Address: 954-958 Broadview Avenue & 72 Chester Hill Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-002799
OLT Lead Case No.: OLT-21-001178
BEFORE:
M.A. SILLS
VICE-CHAIR
Tuesday, the 9^th^ day of August, 2022
THESE MATTERS, in respect of the lands at 954- 958 Broadview Avenue and 72 Chester Hill Road (the “Subject Property”), having been heard at a public hearing on April 26, 2022, during which the Ontario Land Tribunal (the “Tribunal”) heard the uncontested evidence of Tyler Grinyer, who was qualified to give expert opinion evidence in land use planning, that the proposed development of a new mixed-use 14 storey building (the “Proposed Development”), which includes affordable housing: has regard for the matters set out in Section 2 of the Planning Act, is consistent with the Provincial Policy Statement 2020, conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, meets the intent of the City of Toronto Official Plan, including Site and Area Specific Policy 509, and represents good planning;
AND THE TRIBUNAL having been advised that a settlement offer in support of the Proposed Development, including modifications to Site and Area Specific Policy 509 as necessary to provide for the Proposed Development, was considered and accepted by City Council at its meeting of April 6 and 7, 2022 (the “Settlement”), and having received correspondence from both the Chester Hill, Cambridge, Thorncliffe Residents’ Association and the Helliwell Place Residents’ Association that they do not oppose the Settlement;
AND THE TRIBUNAL having issued a verbal decision on April 26, 2022, allowing the appeals in part to approve amendments to the City’s Official Plan and Zoning By-laws in principle, withheld its final order, pending confirmation from the City Solicitor that the conditions set out in Exhibit 6 to the April 26, 2022 proceeding, have been satisfied, including the agreement between the Owner and City with respect to the final form of the proposed Official Plan amendment and proposed zoning by-law amendments (collectively the “Instruments”), as well as a proposed modification to Site and Area Specific Policy 509;
AND THE TRIBUNAL having issued Notice of a Status Hearing for July 28, 2022, which identified that the appellants appeal of OLT Case No. OLT-21-001178 and Site and Area Specific Policy 509 were to be considered together;
AND THE TRIBUNAL having considered an affidavit (sworn on August 8, 2022) of Tyler Grinyer, and being satisfied based on that affidavit that the Instruments appropriately provide for the Proposed Development and have regard for the matters of Provincial Interest, are consistent with the Provincial Policy Statement, 2020, conform to A Place to Grow: Growth Plan for the Greater Golden Horseshoe and the Official Plan of the City of Toronto, represents good planning and are in the public interest;
AND THE TRIBUNAL having received written communication from the City Solicitor that the conditions set out in Exhibit 6 have now been satisfied;
THE TRIBUNAL ORDERS that the application to amend the Official Plan and Zoning By-law are allowed in part and the City’s Official Plan and By-laws are amended in accordance with the final form of the Official Plan amendment in Schedule “A” and the zoning by-law amendments in Schedule “B”.
The Tribunal may be spoken to in the event any matter arises in connection with the implementation of this Order.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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.
SCHEDULE A
SCHEDULE B