Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 19, 2023

CASE NO(S).: OLT-22-004431

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

Applicant/Appellant: Hillview Developments Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit a proposed 10-storey residential building with a total of 190 dwelling units and ground floor commercial uses, for a proposed total gross floor area of 13,503 sq metres. Reference Number: 20 226085 NNY 08 OZ Property Address: 412, 414 Marlee Avenue and 281, 283, 285, 287 Hillmount Avenue Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-004431 OLT Lead Case No: OLT-22-004431 OLT Case Name: Hillview Development Limited v. Toronto (City)

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

Applicant/Appellant: Hillview Developments Limited Subject: Application to amend the Zoning By-law – neglect to make a decision Reference Number: 20 226085 NNY 08 OZ Property Address: 412, 414 Marlee Avenue and 281, 283, 285, 287 Hillmount Avenue Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-004432 OLT Lead Case No: OLT-22-004431

Heard: May 9, 2023 by video hearing

APPEARANCES:

Parties Counsel

Hillview Developments Limited ("Applicant/Appellant") Joe Hoffman and Caroline Jordan (student-at-law)

City of Toronto ("City") Marc Hardiejowski

MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON MAY 9, 2023 AND FINAL ORDER OF THE TRIBUNAL

INTRODUCTION

1This is a Settlement Hearing concerning an appeal by Hillview Developments Limited. The Appeal arises following a non-decision by the City regarding Official Plan Amendment and Zoning By-law Amendment applications to facilitate the development of a ten (10)-storey residential building with a total of 190 dwelling units and ground floor commercial uses.

2The uncontested evidence and professional opinion supporting the settlement was provided by Jane McFarlane, who was duly qualified by the Tribunal as an expert in Land Use Planning. The following is an account of her evidence.

THE SUBJECT PROPERTY AND SURROUNDING AREA

3The proposed development involves six individual lots municipally described as 412 and 414 Marlee Avenue and 281, 283, 285 and 287 Hillmount Avenue (the "Subject Property"). Each parcel of the Subject Property is currently occupied by a one- or two-storey single-detached dwelling.

4The Subject Property is L-shaped and has a total area of approximately 3,579 square metres ("sq m") with frontage on Marlee Avenue of approximately 71 metres ("m") and 61 m on Hillmount Avenue.

5The Subject Property is located along a section of Marlee Avenue that is characterized by a "main-street feel" comprised of a mix of commercial and residential uses generally in a low- and mid-rise built form. The surrounding area is generally comprised of low- and mid-rise mixed-use buildings and mid- and high-rise apartment buildings.

6Marlee Avenue is a two-way minor arterial street which runs north-south and has an existing right-of-way of 27 m along the portion adjacent to the Subject Property.

7The Subject Property is well-serviced by existing transit. Glencairn Subway Station on Line 1 of the TTC Subway and is located approximately 250 m to the east of the Subject Property. The Subject Property is also located approximately 1.1 kilometres north of Eglinton Avenue West and the future Eglinton Crosstown LRT.

8The surrounding area context can be described as follows:

• North: abutting the Subject Property to the north is Hillmount Avenue. Immediately north of Hillmount Avenue are single-detached dwellings and mixed-use commercial-residential buildings. The properties immediately north of Hillmount Avenue at 831-837 Glencairn Avenue and 278-282 Hillmount Avenue have received zoning approvals from the City permitting a ten-storey mixed-use building.
• East: directly to the east of the Subject Property is Marlee Avenue. The northeast corner of Marlee Avenue and Hillmount Avenue is occupied by a three-storey mixed-use building, and behind this building is a commercial plaza with a surface parking lot. The southeast corner of Marlee Avenue and Hillmount Avenue is occupied by a three-storey apartment building, while the northeast corner of Viewmount Avenue and Marlee Avenue is occupied by a two-storey commercial-residential building. Further east is a low-rise residential neighbourhood comprised of single-detached dwelling units abutting a linear green space adjacent to Allen Road. Along Viewmount Avenue to the east is the southern entrance to