Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 10, 2022
CASE NOS.: OLT-22-002505 (formerly PL210215) OLT-21-001952
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: York-Kirtling Inc.
Subject: Application to amend Zoning By-law No. 7625, as amended, of the former City of North York, and Zoning By-law No. 569-2013 of the City of Toronto - Neglect of the City of Toronto to make a decision
Existing Zoning: “One-Family Detached Third Density Zone (R3)” under Zoning By-law No. 7625, as amended, of the former City of North York, and “RD (f21.0; a1375)” under Zoning By-law No. 569-2013 of the City of Toronto
Proposed Zoning: To be determined
Purpose: To permit a three-storey residential addition containing four units, and incorporating and converting the existing heritage building into a three-bedroom dwelling into the proposed development
Property Address/Description: 2 Valleyanna Drive
Municipality: City of Toronto
Municipality File No.: 20 151274 NNY 15 OZ
OLT Case No.: OLT-22-002505
Legacy Case No.: PL210215
OLT Lead Case No.: OLT-22-002505
Legacy Lead Case No.: PL210215
OLT Case Name: York-Kirtling Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Appellant: York-Kirtling Inc.
Subject: Objection to Designation By-law 936-2021
Property Address: 2 Valleyanna Drive
Municipality: City of Toronto
OLT Case No.: OLT-21-001952
OLT Lead Case No.: OLT-21-001952
OLT Case Name: York-Kirtling Inc. v. Toronto (City)
BEFORE:
M.A. SILLS VICE-CHAIR
Tuesday, the 9th day of August, 2022
THESE MATTERS having come for a public hearing on July 12, 2022;
AND THE TRIBUNAL having considered and accepted the sworn affidavit and viva voce evidence and expert opinions of registered professional planner, David Morse, and professional heritage planner, Emma Abramowicz;
THE TRIBUNAL ORDERS that in accordance with the provisions of Section 29(15) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended:
i. The appeal by York-Kirtling Inc. (“York-Kirtling”) of City of Toronto By-law No. 936- 2021 (the “Designation By-law”) is allowed, in part, and the Designation By-law in respect of the lands municipally known as 2 Valleyanna Drive in the City of Toronto is amended in accordance with the revised Designation By-law entered as Exhibit 5 at the hearing;
AND THE TRIBUNAL ORDERS that in accordance with the provisions of Section 34(26) of the Planning Act, R.S.O. 1990, c. P.13, as amended:
i. The appeal by York-Kirtling of its application for an amendment to City of Toronto Zoning By-Law No. 7625, as amended, and City of Toronto Zoning By-law No. 569-2013, as amended (collectively, the “City By-laws”), in respect of the Subject Site is allowed, in part, and the City By-laws are amended to permit the form of development set out in the architectural plans prepared by Amantea Architects dated December 16, 2021, generally in accordance with the draft Zoning By-law Amendments entered as Exhibit 2, Tab D at the hearing; and,
THE TRIBUNAL WILL WITHHOLD THE FINAL ORDER in respect of York-Kirtling’s appeal of the Designation By-law and its applications for Zoning By-law Amendment(s) until:
i. the Tribunal has been advised by the owner and the City solicitor that the following matters have been satisfied:
a. the proposed Zoning By-law Amendment(s) has been prepared in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning;
b. the owner has addressed the comments in the Engineering and Construction Services memorandum dated July 27, 2020, or any update to that memorandum, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
c. the owner, at its sole expense, has provided a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Assessment Review, including the Foundation Drainage Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;
d. the owner, at its sole expense, has designed, provided financial security, and entered into legal agreements for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report, Stormwater Management Report, and Hydrogeological Review, including the Foundation Drainage Report, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Toronto Water, and the City Solicitor; the owner has demonstrated within the revised Servicing drawings that space is provided within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers Chapter 681.10;
e. the owner has provided a construction management plan acceptable to the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services that addresses matters of site access, location of construction materials, and minimization of impact on neighbouring properties;
f. the owner has provided a revised Arborist Report which accurately details the tree preservation plan, to the satisfaction of General Manager, Parks, Forestry and Recreation;
g. the owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template;
h. the owner has entered into a Heritage Easement Agreement with the City for the property at 2 Valleyanna Drive in accordance with the plans and drawings dated December 16, 2016 prepared by Amantea Architects and on file with the Senior Manager, Heritage Planning, Urban Design, City Planning, the Heritage Impact Assessment prepared by ERA Architects, dated April 11, 2022, and in accordance with the required Conservation Plan, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning including registration of such agreement to the satisfaction of the City Solicitor; and,
i. the owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 2 Valleyanna Drive prepared by ERA Architects, dated April 11, 2022 to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.
AND THE TRIBUNAL ORDERS that it may be spoken to should a matter arise in connection with the implementation of this Interim 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