2519371 Ontario Inc. v. Toronto (City), 2022 CanLII 75921

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 15, 2022

CASE NO(S).: OLT-21-001689

(Formerly PL180139)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 2519371 Ontario Inc.

Subject: Application to amend Zoning By-law Nos. 7625 and 569-2013 - Refusal or neglect of the City of Toronto to make a decision

Existing Zoning: Site General Commercial Zone (Cl)

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit a 14-storey residential building

Property Address/Description: 4155 Yonge Street

Municipality: City of Toronto

Municipality File No.: 17 245489 NNY 25 OZ

OLT Case No.: OLT-21-001689

Legacy Case No.: PL180139

OLT Lead Case No.: OLT-21-001689

Legacy Lead Case No.: PL180139

OLT Case Name: 2519371 Ontario Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 2519371 Ontario Inc.

Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment

Existing Designation: Mixed Use Area

Proposed Designated: Site Specific (To be determined)

Purpose: To permit a 14-storey residential building

Property Address/Description: 4155 Yonge Street

Municipality: City of Toronto

Approval Authority File No.: 17 245489 NNY 25 OZ

OLT Case No.: OLT-21-001413

Legacy Case No.: PL180139

OLT Lead Case No.: OLT-21-001689

Heard: July 4, 2022 via Video Hearing

APPEARANCES:

Parties

Counsel

2519371 Ontario Inc.

Jane Pepino

City of Toronto

Robert Robinson

MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON JULY 4, 2022 AND ORDER OF THE TRIBUNAL

1Prior to the commencement of the Case Management Conference, the Parties confirmed that settlement had been reached and the settlement was presented for the consideration of the Tribunal.

22519371 Ontario Inc. (the “Applicant”) had appealed its applications for Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) to the Tribunal on the failure of the City of Toronto (“City”) to make a decision within the statutory time period for its property at 4155 Yonge Street (the “Site”).

3Uncontested opinion evidence was given to supplement the affidavit sworn by Eldon C. Theodore, on June 27, 2022. Mr. Theodore was qualified to assist the Tribunal with opinion evidence in areas of land use planning. Mr. Theodore provided extensive oral, written and visual evidence as contained in his affidavit.

4Mr. Theodore explained how:

1. the Tribunal heard the Settlement Proposal will permit an 11-storey residential building on the western portion of the Site with a height of 37.50 metres (42.50 metres to the top of the mechanical penthouse). The proposed gross floor area is approximately 7,130 square metres, resulting in a Floor Space Index (“FSI”) of 2.21;

2. the development proposal is consistent with the Provincial Policy Statement, 2020 and conforms to the Growth Plan for the Greater Golden Horseshoe, 2020, as amended;

3. the OPA and the ZBA, attached as Exhibit O and P respectively to his affidavit and appended to this Order as Schedules A and B, reflect the settlement plans and provide appropriate regulations and performance standards so as to conform to the in-force policies of the City of Toronto Official Plan; and,

4. the proposed development and the OPA and ZBA represent good planning and are in the public interest.

FINDINGS

5The Tribunal accepts the uncontroverted evidence of Mr. Theodore in support of the settlement proposal and allows the proposed intensification of the Site substantially in accordance with the draft OPA and the draft ZBA (attached to Mr. Theodore’s sworn affidavit as Exhibit O and Exhibit P respectively and to this Decision and Order as Schedules A and B respectively).

INTERIM ORDER

6THE TRIBUNAL ORDERS on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph [7] below THAT the appeals are allowed in part, and the Official Plan Amendment and Zoning By-law Amendments set out in Schedules A and B attached to this Order, are hereby approved in principle.

7The Tribunal withholds its Final Order until such confirmation, satisfaction or receipt from the Parties in writing, of the following pre-requisite matters:

1. The Official Plan Amendment and Zoning By-law Amendments are in a final form satisfactory to the City of Toronto;

2. The Owner has submitted revised technical reports and plans, including a revised Functional Servicing Report, a revised Stormwater Management Report, a revised Hydrogeological Report, and any other reports or documents deemed necessary in support of the development to the City of Toronto for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

8The Tribunal Member remains seized for the issuance of a Final Order and with respect to such outstanding matters relating to this interim Order and may be spoken to concerning matters relating to this interim Order and the issuance of the Final Order.

“Carmine Tucci”

Carmine tucci

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.