Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 04, 2023
CASE NO(S).: OLT-22-004599
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Starbank West Corp.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 9-storey condo with 58 dwelling units
Reference Number: 21 231202 NNY 08 OZ
Property Address: 1648-1670 Avenue Road & 405-407 Brookdale Avenue
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-004599
OLT Lead Case No.: OLT-22-004599
OLT Case Name: Starbank West Corp. v. Toronto (City)
Heard: April 28, 2023 and July 5, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Starbank West Corporation
Mary Flynn-Guglietti
City of Toronto
Marc Hardiejowski
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY AND JENNIFER GOLD ON JULY 5, 2023 AND INTERIM ORDER OF THE TRIBUNAL
INTRODUCTION
1This was a settlement hearing in the matter of an appeal by Starbank West Corporation (“Appellant”) brought pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) from the failure of the City of Toronto (“City”) to make a decision within statutory timeframes with respect to an application for a zoning by-law amendment (“ZBA”). The application for a ZBA relates to the Appellant’s lands municipally known as 1648-1670 Avenue Road and 405-407 Brookdale Avenue, City of Toronto (“Subject Property”).
2The settlement hearing was originally scheduled for a one-day hearing on April 28, 2023. Subsequent to the delivery of the planning evidence, which included a review of a number of conditions, the Parties came to the realization that they were not ad idem on condition (i) as further detailed below. As such, after hearing all of the evidence, the Tribunal adjourned the hearing to be continued on July 5, 2023.
SITE CONTEXT
3The Subject Property is approximately 3,047.25 square metres in total area and rectangular in shape. It is an assembly of seven (7) properties which have been consolidated into single ownership. The Subject Property has frontage of approximately 60.76 metres on Avenue Road, 39.6 metres on Brookdale Avenue and 39.6 metres on Cranbrooke Avenue.
4The Subject Property currently contains a range of retail uses, commercial uses and surface parking. Of particular importance, the Subject Property also currently contains three (3) residential rental dwelling units that are currently occupied.
5Directly east of the Subject Property is Avenue Road, which is a four-lane arterial road and located on the east side of Avenue Road is a car dealership. Directly north of the Subject Property is Brookdale Avenue which is a two-lane local road. Abutting the Subject Property to the west is Brookdale Park which is a remnant ravine with an open creek channel. Directly south of the Subject Property is Cranbrooke Avenue which is a local road, and a portion of this roadway terminates at Brookdale Park.
6The Subject Property is designated Mixed Use Areas on Land Use Map 17 of the City of Toronto Official Plan (“OP”). The Subject Property is located on a Major Street and an Avenue as set out in the OP. It is well serviced by transit, including a bus route which feeds directly into the Eglinton Subway Station along the Yonge-University-Spadina Subway Line and the future Eglinton Crosstown LRT.
BACKGROUND
7On October 25, 2021 the Appellant submitted the ZBA application to the City which was deemed complete as of October 27, 2021. North York Community Council considered a Preliminary Report dated January 20, 2022 and adopted same on February 23, 2022. Subsequent to Council’s adoption, on April 4, 2022 a Community Consultation Meeting was held.
8The Appellant appealed the ZBA application to this Tribunal on October 20, 2022 due to the non-decision of the City within the statutory timeframes of the Act. On February 14, 2023 the Appellant filed an Offer to Settle with the City Solicitor. On March 29, 30, and 31, 2023 City Council held a meeting where it adopted the confidential Staff recommendation to settle the Z