Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 21, 2023
CASE NO(S).: OLT-21-001718
PROCEEDING COMMENCED UNDER Subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Concord Adex Investments Limited
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Avenues and Mixed Use Areas
Proposed Designation: Site Specific (To be determined)
Purpose: To permit a mixed-use development with a 25-storey office tower and a 22-storey residential tower
Property Address/Description: 1181 Sheppard Avenue East
Municipality: City of Toronto
Approval Authority File No: 19 264391 NNY17 OZ
OLT Case No.: OLT-21-001718
OLT Lead Case No.: OLT-21-001718
OLT Case Name: Concord Adex Investments Limited 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: Concord Adex Investments Limited
Subject: Application to amend Zoning By-law No. 7625 – Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: General Commercial (C1)(111)(H) in the former City of North York Zoning By-law No. 7625
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a mixed-use development with a 25- storey office tower and a 22-storey residential tower
Property Address/Description: 1181 Sheppard Avenue East
Municipality: City of Toronto
Approval Authority File No: 19 264391 NNY17 OZ
OLT Case No.: OLT-21-001719
OLT Lead Case No.: OLT-21-001718
Heard: December 07, 2023 in Writing
APPEARANCES:
Parties Concord Adex Investments Limited
Counsel/Representative Mark Flowers Grace O’Brien
Parties City of Toronto
Counsel/Representative Sarah O’Connor
DECISION DELIVERED BY BITA M. RAJAEE AND INTERIM ORDER OF THE TRIBUNAL
Link to Interim Order
INTRODUCTION AND BACKGROUND
1Concord Adex Investments Limited (“Applicant”) appealed the failure of the Council of the City of Toronto (“City”) to make a decision within the statutory timeframe on applications for an Official Plan Amendment (“OPA”), pursuant to section 22(7) of the Planning Act (“Act”), and a Zoning By-law Amendment (“ZBA”), pursuant to section 34(11) of the Act, sought for lands known municipally as 1181 Sheppard Avenue East in the City (“Subject Site”).
2The Applicant and the City reached a settlement with respect to this matter. As such, this Hearing in writing took place to allow the Tribunal to consider and approve the settlement, if warranted.
3The purpose of the OPA and ZBA, as revised by the settlement agreement, is to allow for a development with the following non-exhaustive particulars (“Proposal”):
a. 32- and 38-storey residential towers on a mixed-use podium containing residential, retail, and office uses;
b. a total of 799 dwelling units, including two (2) studio units (0.3%), 535 one-bedroom and one-bedroom plus den units (66.9%), 168 two-bedroom and two-bedroom-plus-den units (21.0%), and 94 three-bedroom units (11.8%);
a. a total gross floor area of 62,345 square metres (“m2”), of which 55,236 m2 will be for residential uses and 7,109 m2 will be for non-residential uses, with a Floor Space Index of 7.41 as the overall site density;
b. a total of 2,664 m2 of amenity space, for an overall ratio of 3.33 m2 per unit, comprised of 1,373 m2 of indoor amenity space and 1,291 m2 of outdoor amenity space;
c. a landscaped pedestrian walkway between the building and the east lot line abutting the Toronto Transit Commission subway rail line, which is to be secured as a Privately-Owned Publicly Accessible Space (POPS) through