Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 9, 2022
CASE NO.: OLT-21-001707
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Gordian Foods Limited
Appellant: The Estonian House in Toronto Ltd
Appellant: The Governing Council of the Salvation Army in Canada
Description: Proposed Official Plan Amendment No. 343
Municipality: City of Toronto
OLT Case No.: OLT-21-001707
Legacy Case No.: PL160686
OLT Lead Case No.: OLT-21-001707
Legacy Lead Case No.: PL160686
OLT Case Name: Gordian Foods Limited V. Toronto (City)
BEFORE:
M.A. SILLS
Tuesday, the 9th
VICE-CHAIR
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 regarding OLT Case No. OLT-21-001178 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 with respect to the matter under OLT Case No. OLT-21-001178 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 confirmation that the Owner has made satisfactory arrangements for the modification of Official Plan Amendment 343 (the “343 Modification”);
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 Official Plan Amendment 343 were to be considered together;
AND THE TRIBUNAL having been advised that DK Broadview Inc. is authorized to have carriage of the appeal of The Estonian House of Toronto Ltd., and having considered an affidavit (sworn on August 8, 2022) of Tyler Grinyer, and being satisfied based on that affidavit that the 343 Modification is appropriate, has regard for matters of Provincial Interest, is consistent with the Provincial Policy Statement, 2020, conforms 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 is 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 City of Toronto Official Plan Amendment 343 is modified in accordance with Schedule “A” and as so modified is approved.
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”