Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 23, 2022
CASE NO.: PL171294
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Kooby Investment Corporation Limited
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Mixed Use Areas
Proposed Designated: Site Specific (To be determined)
Purpose: To permit
Property Address/Description: 2 St. Lawrence Avenue
Municipality: City of Toronto
Approval Authority File No.: 16 258434 WET 05 OZ
OLT Case No.: PL171294
OLT File No.: PL171294
OLT Case Name: Kooby Investment Corporation Limited v. Toronto (City)
BEFORE:
M.A. SILLS VICE-CHAIR Monday, the 22nd day of August, 2022
THIS MATTER having come on for a public settlement hearing before the Tribunal on November 28, 2019;
AND THE TRIBUNAL having issued its Memorandum of Oral Decision and Order on April 1, 2020, which allowed the appeal in part, but withheld its order approving the official plan amendment until such time as the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Applicant/Appellant has provided a draft official plan amendment to the Tribunal in a form and content to the satisfaction of the Director, Community Planning, Etobicoke York District pending resolutions of several items in the Decision;
AND THE TRIBUNAL having been advised that the Applicant/Appellant and the City have resolved the items in the Decision, and the Tribunal has been provided with the final form of the official plan amendment in a form and content to the satisfaction of the Director, Community Planning, Etobicoke York District;
THE TRIBUNAL ORDERS, in accordance with the Decision and Order, that:
a) The appeal is allowed in part; and
b) The City of Toronto Official Plan is hereby amended in the form attached hereto as “Schedule 1” and is hereby declared in full force and effect.
“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 “1”
Authority: Local Planning Appeal Tribunal Decision issued on April 1, 2020 and the Ontario Land Tribunal Order issued on August 23, 2022, in File PL171294
CITY OF TORONTO
BY-LAW -2022 (OLT)
To adopt Amendment 624 to the Official Plan for the City of Toronto respecting the lands on the west side of St. Lawrence Avenue, including the lands known municipally in the year 2021 as 2 St. Lawrence Avenue.
Whereas the Owner of the lands appealed a proposed official plan amendment to the Local Planning Appeal Tribunal, continued as the Ontario Land Tribunal, pursuant to Section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and
Whereas the Local Planning Appeal Tribunal, by its Decision issued on April 1, 2020 and the Ontario Land Tribunal Order issued on August 23, 2022, in File PL171294 approved amendments to the Official Plan for the City of Toronto with respect to the lands;
The Ontario Land Tribunal orders:
- The attached Amendment 624 to the Official Plan is hereby in force pursuant to the Planning Act, as amended.
Pursuant to the Local Planning Appeal Tribunal Decision issued on April 1, 2020 and Ontario Land Tribunal Order issued on August 23, 2022, in File PL171294.
AMENDMENT 624 TO THE OFFICIAL PLAN
LANDS ON THE WEST SIDE OF ST. LAWRENCE AVENUE, INCLUDING THE LANDS MUNICIPALLY KNOWN IN THE YEAR 2021 AS 2 ST. LAWRENCE AVENUE
The Official Plan of the City of Toronto is amended as follows:
Chapter 7, Site and Area Specific Policies, is amended by deleting Policy 6 and replacing it with the new Policy 6 as follows:
South Side of The Queensway, Between Zorra Street and St. Lawrence Avenue, North of the Gardiner Expressway
(a) A mixed development with up to 1,742 units, 83,722 square metres of commercial space, and 0.89 hectare of parks is permitted within the areas of Parcels 1, 2, 3 and 5. The development concept provides for residential uses on the west portion of the lands, near Zorra Street (Parcels 1 and 2) and commercial uses to the east adjacent to St. Lawrence Avenue (Parcel 3). Parcel 5 is proposed for public parkland;
(b) The “ultimate” gross density for Parcels 1, 2 and 3 is a maximum 3.0 times the lot area, based on a residential density of up to 1.8 times the lot area and a commercial density of up to 1.2 times the lot area. The site area used to calculate gross density may include the lands dedicated as public roads and parks. The residential and commercial density caps may be exceeded on individual development parcels provided that the overall density cap is not exceeded at full build-out;
(c) Rezoning applications for individual properties within the area of Parcels 1, 2 and 3 may be based on the “ultimate” density. Where the full density allowed by this policy cannot be used within a property being rezoned, the residential density may be transferred to other properties within the area. Such surplus density would be added to the receiving property when it is rezoned;
(d) A residential development with up to 558 units and a gross density of up to 3.8 times the parcel area is permitted within the area of Parcel 4. The residential gross density caps may be exceeded on individual development sites provided that the overall gross density for Parcel 4 is not exceeded at full build-out. The site area used to calculate gross density may include the lands dedicated for public purposes;
(e) Within Parcel 4, the portion of an apartment building’s ground floor that faces a public street(s) will be used for non-residential purposes;
(f) The alternative parkland dedication rate for residential development of Parcels 1 and 3 will be a minimum of 0.5 hectares per 300 units. The parkland dedication may be a combination of land and cash-in-lieu payments.