Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 1, 2023
CASE NO(S).: OLT 23-000054
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, S.O. 2006, c. P.11, Sched. A, as amended
Applicant and Appellant: 1386073 Ontario Inc.
Subject: Site Plan – Failure to make a decision
Description: To permit the development of 98, 4-storey back-to-back townhouse units
Reference Number: 22 142181 WET 05 SA
Property Address: 2650-2672 St. Clair Avenue West
Municipality/UT: City of Toronto
OLT Case No.: OLT-23-000054
OLT Lead Case No.: OLT-22-002547
Heard: April 18, 2023 via Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1386073 Ontario Inc. (Dunpar) | M. Nemanic G. Mutlu |
| City of Toronto | R. Kallio |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE AND ASTRID J. CLOS THE ORDER OF THE TRIBUNAL
Link to Final Order
1The matter before the Tribunal is a settlement of the appeals under s. 114(15) of the City of Toronto Act, S.O. 2006, c. P.11, Sched. A, as amended (“Toronto Act”), for the failure of the City of Toronto (“City”) Council to make a decision within the legislative timeframe for the Site Plan application of 1386073 Ontario Inc. (“Applicant”) for the property municipally known as 2650-2672 St. Clair Avenue West (“Subject Lands”).
PLANNING EVIDENCE
2Eldon Theodore has been qualified as an Expert Witness in Land Use Planning by the Tribunal with the consent of both Parties.
3The Applicant has submitted a Joint Document Book that was marked as Exhibit 1 to these proceedings.
4Mr. Theodore gave evidence that the Subject Lands have been classified as an Employment Area in the past. However, after adopting Official Plan Amendment 231, the Site was partially converted to a Neighbourhood designation, specifically the northern portion of the property. The Subject Lands contain the previous Danier Leather facility, which has been renovated for commercial and office purposes, and is classified as General Employment Areas fronting onto St. Clair Avenue West.
5The Subject Lands fall under the guidelines of SASP 540, a policy specific to the site and area. This policy allows for the construction of 6 Blocks of 96 three-bedroom back-to-back townhouse units, with a maximum height of four-storeys, and a total gross floor area of 15,700 square metres (“sq m”).
6The townhouses will be constructed with a brick and stone façade that will be compatible with the existing Danier Leather building.
7In his testimony, Mr. Theodore stated that the residents will have access to individual rooftop patios, in addition to the 1,783 sq m of Privately-Owned Publicly Accessible Spaces. Below ground parking will limit the number of roads required on the Subject Lands, creating barrier-free walkways between the proposed six Blocks.
8It is the expert opinion of Mr. Theodore, that the proposed site plan represents good planning by providing infill development of underutilized lands, with a built-form that is compatible with the character of the existing neighbourhood and meets the objectives of an active and healthy livable neighbourhoods.
FINDINGS OF THE TRIBUNAL
9The Panel Members have considered the evidence and expert opinion provided by Mr. Theodore regarding the matter at hand. The Tribunal has been convinced by the evidence that the proposal will facilitate efficient development of land, allow for a variety of suitable mixed uses, increase usage within the settlement area and provide a range of housing options, including an increase in three-bedroom dwellings, as requested by the City.
10The Tribunal is satisfied that the Site Plan application has been deemed to thoroughly consider matters of importance to the Province, while being in line with effective land use planning principles and serving the greater public interest. Furthermore, the proposal supports the goals and objectives of the provincial planning system to enhance housing opportunities.
ORDER
11THE TRIBUNAL ORDERS that the site plan prepared by 1386073 Ontario Inc. dated April 26, 2022, set out in Attachment 1 is approved subject to the conditions set out in Attachment 2 to this Order.
12In the event that any issues arise in the final settlement of the conditions of site plan approval, the Tribunal may be spoken to in order to resolve those issues, and contact should be made through the assigned Case Coordinator. Counsel on behalf of 1386073 Ontario Inc. will advise the Tribunal within 120 days of this Order on the Site Plan Control Approval status.
13The Panel Members remained seized.
“Steven Cooke”
STEVEN COOKE
VICE CHAIR
“Astrid J. Clos”
ASTRID CLOS
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
Attachment 2