2509225 Ontario Inc. v. Toronto (City), 2023 CanLII 123749

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 28, 2023

CASE NO(S).: OLT-22-004331

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Appellant: 2509225 Ontario Inc.

Subject: By-law No. 1006-2022

Description: To permit a new master planned community with four new development blocks, new streets and new public park

Reference Number: 19 147759 NNY 17 OZ

Property Address: 2550 Victoria Park Avenue and 2, 4, 6 Lansing Square

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-22-004331

OLT Lead Case No.: OLT-22-004331

OLT Case Name: 2509225 Ontario Inc. v. Toronto (City)

Heard: November 30, 2023 by Written Hearing

APPEARANCES:

Parties	Counsel
2509225 Ontario Inc.	Jonathan Cheng
City of Toronto	Gabe Szobel, Amanda Hill

DECISION DELIVERED BY S. L. DIONNE ON NOVEMBER 30, 2023 AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1This Decision arises from a settlement hearing on an appeal filed by 2509225 Ontario Inc. (the “Appellant”) in respect of the passing of Zoning By-law Amendment No. 1006-2022 (“ZBA”), which amends City of Toronto Zoning By-law No. 569-2013 (“ZBL”). The appeal is filed pursuant to s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, (“Act”).

2The affected lands are municipally known as 2550 Victoria Park Avenue and 2, 4 and 6 Lansing Square, in the City of Toronto (the “Subject Properties”), and are located at the southwest corner of Sheppard Avenue West and Victoria Park Avenue.

3On July 22, 2022, Council of the City of Toronto (“City Council”) passed the ZBA to facilitate the redevelopment of the Subject Properties as a comprehensive master planned mixed-use community. As part of that approval, the Appellant agreed to provide community benefits to be secured through the height and density bonusing regime established under former s. 37 of the Act. The Appellant appealed the ZBA due to concerns related to technical and drafting deficiencies, and the implications of same for the redevelopment.

4The Parties have reached a settlement (“Settlement Proposal”) and the Appellant has scoped its appeal such that Section 14 and Schedule A of the ZBA, being those provisions that deal with the facilities, services, and matters to be secured under former s. 37 of the Act, are no longer at issue. The balance of the ZBA remains subject to the appeal.

5City Council approved the Settlement Proposal on October 11, 2023. The Parties filed a revised ZBA with the Tribunal, which is marked as Exhibit 1 (“Revised ZBA”), and consent to its approval.

6There are no Participants in this matter.

7The Tribunal acknowledges receipt of the Affidavit of David Morse, a Registered Professional Planner, sworn November 23, 2023, filed as Exhibit 2. The Tribunal has reviewed Mr. Morse’s Curriculum Vitae and signed Acknowledgement of Expert’s Duty, is satisfied with his credentials and experience, and qualified him to provide expert opinion evidence in the area of land use planning in this matter.

8The Tribunal allows the appeal and approves the Revised ZBA for the reasons set out below.

SETTLEMENT PROPOSAL AND REVISED ZBA

9Mr. Morse provided the Tribunal with a fulsome affidavit which describes the Subject Properties and surrounding land uses; sets out the planning policy and regulatory context including matters of provincial interest; the settlement between the Parties; the Revised ZBA; and outlines his opinion and recommendations to the Tribunal.

10The Subject Properties are designated Mixed Use Areas and General Employment Areas pursuant to the City of Toronto Official Plan (2006, as amended) (“OP”), and are located within the ConsumerNext Secondary Plan Area (OPA 393). The Secondary Plan policy vision calls for a contemporary, vibrant business park that is a transit-oriented location for employment investment and is well-connected to a complete, walkable, mixed-use community along Sheppard Avenue East and Victoria Park Avenue. The Subject Properties are within the Sheppard and Victoria Park Node, a prominent intersection and transit interchange where the most intense levels of development can be located.

11The Subject Properties have excellent access to existing TTC bus transit services, and are located within an approximate 500-800 metre (“m”) radius of two planned higher-order transit stops on the Sheppard East LRT.

12The Settlement Proposal would allow the comprehensive redevelopment of the Subject Properties into five new development blocks. The Revised ZBA would provide permission for five new residential mixed-use buildings with heights ranging from 4 to 43 storeys; one 11 storey office building and the retention of two existing office buildings; 160 new affordable housing dwelling units; a new 4,843 square metre (“sq.m.”) central public park; two new privately owned, publicly accessible open spaces; a new road network; and replacement of the existing office gross floor area (“GFA”) on the Subject Properties.

13The Revised ZBA would specifically amend the ZBL as follows:

1. Add Exception CR 372 to allow the uses and built forms on Blocks 1, 2 and 3 described as follows:

a. Two residential mixed-use buildings with maximum height of 137.0 m (Tower A) and 95.0 m (Tower B) on Block 1;

b. Two residential mixed-use buildings with maximum heights of 79.0 m (Tower C) and 109.0 m (Tower D), a 23.0 m (Building F) and retention of an existing 12 storey office building on Block 2;

c. A residential building with a maximum height of 18.0 m (Building G) and retention of the existing 8 storey office building on Block 3;

d. Minimum setbacks, step-backs and separation distances to ensure appropriate built-form and urban design on the Subject Properties;

e. A maximum GFA of 143,115 sq/m., of which the permitted maximum residential GFA would be 111,100 sq.m.;

f. Minimum percentages of 1, 2, and 3 bedroom dwelling units and associated areas, to ensure a range of suitably sized dwelling types; and

g. Minimum vehicle parking, bicycle parking and loading requirements.

2. Add Exception EO 17 to allow the uses and built form on Block 4, described as follows:

a. An office building with maximum height of 47.0 m and an above grade parking garage with retail space at grade;

b. Various employment related lands uses to serve the surrounding employment and mixed-use communities, including office, day nursery, eating establishment, retail service and retail store, and parking garage;

c. A maximum GFS of 31,260 sq.m., of which a minimum of 10,480 sq.m. is to be devoted to office, medical office or software development and processing; and,

d. Minimum vehicle parking, bicycle parking and loading requirements.

3. Rezone Block 4 to Open Space Natural (ON) zone to allow a central public park.

14It is Mr. Morse’s uncontroverted evidence and opinion that the Settlement Proposal to be implemented through the Revised ZBA is consistent with the Provincial Policy Statement (“PPS”), conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, as amended, 2020 (“Growth Plan”), conforms to the OP and Consumers Next Secondary Plan, and is in keeping with the City’s Tall Building Design Guidelines.

15Additionally, it is Mr. Morse’s opinion that the Revised ZBA will appropriately address the technical drafting deficiencies of the ZBA, and implement the City’s objective to reduce auto dependency and to optimize use of transit infrastructure, by introducing transit-oriented development and related development standards.

ANALYSIS AND FINDINGS

16The Tribunal accepts Mr. Morse’s evidence and opinion that the pertinent Provincial and City planning policy documents support intensification and seek to optimize infill development on sites within the built-up urban areas, particularly those that are well served by municipal infrastructure including transit, and that such sites would include the Subject Properties.

17Further, the Tribunal agrees with Mr. Morse’s evidence and opinion that the Settlement Proposal represents a compatible form of mixed-use intensification on the Subject Properties and is contextually appropriate from a built form and urban design perspective.

18The Tribunal is also satisfied that the Revised ZBA conforms with the OP, as amended, and will facilitate much needed new housing, including affordable housing, the retention of existing office space, and the introduction of new parkland on the Subject Properties, and that it represents good planning and is in the public interest.

19Based on the foregoing, the Tribunal is satisfied that the Settlement Proposal and the implementing Revised ZBA are consistent with the PPS and conform with the Growth Plan, as set out in s. 3(5) of the Act, and ought to be approved.

20In making its decision on the appeal before it, the Tribunal has had regard to matters of provincial interest as set out in s.2 of the Act. The Tribunal is satisfied that the Revised ZBA will facilitate development that will contribute to the:

h) orderly development of safe and healthy communities,

j) provision of a full range of housing, including affordable housing;

k) provision of employment opportunities;

q) promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; and

r) promotion of built form that is well designed and encourages a sense of place.

21The Tribunal has had regard to the decision of City Council, and the information and materials considered by it, as required under s. 2.1(1) of the Act. The Tribunal notes that City Council approved the settlement and consents to the Revised ZBA, and in doing so is serving the public interest. The Tribunal recognizes that the resolution of planning conflicts involving public and private interests is a matter of provincial interest.

22The Tribunal allows the appeal in part and approves the Revised ZBA, save and except for Section 14 and Schedule A as they are not subject of appeal, in accordance with Attachment 1 hereto.

ORDER

23THE TRIBUNAL ORDERS that the appeal against By-law No. 1006-2022 of the City of Toronto is allowed in part and By-law No. 1006-2022 is amended as set out in Attachment 1 to this Order. In all other respects, the Tribunal orders that the appeal is dismissed.

24The Tribunal may be spoken to in the event some matter should arise in connection with the implementation of this Order.

“S.L. Dionne”

S.L. DIONNE MEMBER Ontario Land Tribunal

Website: www.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.

ATTACHMENT 1