Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 3, 2023
CASE NO(S).: OLT-22-002547 (Formerly PL210135)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1386073 Ontario Inc. Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested Description: To permit a new road to be developed as a private road Reference Number: 20 196724 WET 05 OZ Property Address: 2650 St. Clair Avenue West Municipality/UT: City of Toronto OLT Case No.: OLT-22-002547 Legacy Case No.: PL210135 OLT Lead Case No.: OLT-22-002547 Legacy Lead Case No.: PL210135 OLT Case Name: 1386073 Ontario Inc. 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: 1386073 Ontario Inc. Subject: Application to amend Zoning By-law No. 569- 2013 - Refusal or neglect of the City of Toronto to make a decision Description: To permit the construction of 98, 4-storey back-to back townhouse units to the rear of the existing 2- storey commercial building Reference Number: 18 208427 WET 11 OZ Property Address: 2650-2672 St. Clair Avenue West Municipality/UT: City of Toronto OLT Case No.: OLT-22-002548 Legacy Case No.: PL200157 OLT Lead Case No.: OLT-22-002547 Legacy Lead Case No.: PL210135
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1386073 Ontario Inc. Subject: Proposed Plan of Subdivision - Failure of the City of Toronto to make a decision Description: To permit the creation of 4 Blocks to facilitate a road widening along St. Clair Avenue West, a widening of the public lane, to create 2 development parcels, and a new public street Reference Number: 18 208431 WET 11 SB Property Address: 2650-2672 St. Clair Avenue West Municipality/UT: City of Toronto OLT Case No.: OLT-22-002550 Legacy Case No.: PL210158 OLT Lead Case No.: OLT-22-002547 Legacy Lead Case No.: PL210135
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: March 1, 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 ON MARCH 1, 2023 AND ORDER OF THE TRIBUNAL
Link to Final Order
1The matter before the Tribunal is the first Case Management Conference (“CMC”) for 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”).
2The Tribunal was informed that settlement discussions in regard to the Site Plan have been successful, but the City required more time in order to seek final instructions from Council. A future CMC was scheduled for Tuesday, April 18th, 2023. The purpose of the second CMC was to set dates and review a draft Procedural Order for a hearing of the Merits or, should the City receive instructions, to convert the matter into a settlement hearing for the appeals under s. 114(15) of the Toronto Act.
3During the Site Plan appeal, the parties mentioned to the Tribunal that the appeals were previously heard by the same Panel Member. They requested approval of the Final Order for the amendment of the Official Plan ("OP"), Zoning By-law Amendment ("ZBA"), and Draft Plan of Subdivision, in accordance with sections 22(7), 34(11), and 54(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended ("Planning Act").
EXHIBITS
4The Tribunal had marked the following items as exhibits:
i) Curriculum Vitae of Eldon Theodore ii) Eldon Theodore signed Acknowledgment of Expert Duties iii) Draft Official Plan – November 2021 iv) Draft Zoning By-law 569-2013 v) Draft Plan of Subdivision Approval Conditions vi) Draft Plan of Subdivision vii) Site Servicing and Stage 2 Stormwater Management Report viii) Landscape Plans ix) Architectural Plans
PLANNING EVIDENCE
5Eldon Theodore has been qualified as an Expert Witness in Land Use Planning and Urban Design by the Tribunal with the consent of both Parties. This is to provide viva voce evidence for the Tribunal’s approval of the Final Order of the Planning Act appeals.
6The 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.
7The Subject Lands fall under the guidelines of Site and Area Specific Policy (“SASP”) 540. This policy allows for the construction of single, semi-detached, townhouse, and back-to-back townhouses with a maximum height of 4-storeys or 12 metres (“m”). The original proposal by the Applicant was for the development of 5 blocks of back-to-back townhouses, creating a total of 98 three-bedroom homes. However, Mr. Theodore has informed the Tribunal that the parties have agreed to some slight modifications to the originally approved settlement. The revised plan now involves the construction of 6 blocks of back-to-back townhouses with a small reduction, resulting in a total of 96 three-bedroom units. The maximum height of the buildings will be 4-storeys or 11.9 m.
8In addition, Mr. Theodore stated that a maximum of 1,783 square metres of Privately-Owned Publicly Accessible Spaces will be provided on the Subject Lands.
9During the Tribunal hearing, Mr. Theodore stated that both Parties agree that the conditions outlined in the Interim Order have been met. The City has received all the necessary prerequisites as listed below:
i. City of Toronto Official Plan Chapter 7, Site and Area Specific Policies is amended by adding to Site and Area Specific Policy No. 540 permission to develop the planned but unbuilt road from St. Clair Avenue West to the existing public lane as a private road, generally in accordance with the draft Official Plan Amendment entered as Exhibit 9 at the hearing.
ii. The appeal by Applicant of its application to amend the former City of York Zoning By-law No. 1-83 and City of Toronto Zoning By-law No. 569-2013 as amended, in respect of the lands municipally known as 2650-2672 St. Clair Avenue West in the City of Toronto (the “Subject Site”), is allowed, in part;
iii. City of Toronto Zoning By-law No. 569-2013 and former City of York Zoning By-law No. 1-83 are amended to permit the form of development set out in the architectural plans and drawings dated November 16, 2021, and November 26, 2019, and entered as Exhibits 7 and 8 at a previous hearing, generally in accordance with the draft Zoning By-law Amendments entered as Exhibits 10 and 11 at the hearing (the “Zoning By-law Amendments”);
iv. The appeal by the Applicant of its application for draft plan of subdivision approval for the Subject Site is allowed, in part;
v. The Draft Plan of Subdivision is approved in principle, in accordance with the draft plan of subdivision entered as Exhibit 12 at the hearing (the “Draft Plan of Subdivision”), subject to draft plan of subdivision conditions that are generally in accordance with the draft plan conditions entered as Exhibit 13 at the hearing (the “Draft Plan Conditions”);
vi. Authority to administer final approval of the Final Draft Plan of Subdivision for the purposes of subsection 51(58) of the Planning Act and authority to clear the conditions of draft plan approval pursuant to subsection 51(56.1) of the Planning Act is given to the City of Toronto.
10It is the expert opinion of Mr. Theodore that the necessary criteria for issuing the Final Order have been fulfilled and the proposed development is considered good land-use planning. These criteria include the approval of the Official Plan Amendment, Zoning Bylaw Amendments, Draft Plan of Subdivision, and compliance with the set conditions. Additionally, the City Solicitor is required to validate that the submission of a revised Functional Servicing Report and landscape plans meet the necessary requirements by the Applicant.
11After listening to the evidence of Mr. Theodore and receiving confirmation from the City Solicitor that all conditions have been met to the satisfaction of the City, the Tribunal has approved the Final Order for the appeals under sections 22(7), 34(11), and 54(34) of the Planning Act.
ORDER
12THE TRIBUNAL having been advised by the Parties that the condition has been met, with the proposed amendments in a form satisfactory to the Parties,
13THE TRIBUNAL Orders that the Appeal pursuant to s. 22(7) of the Planning Act is allowed in part, and the Official Plan of the City of Toronto is hereby amended in accordance with the amendment attached hereto as Attachment “1” to this Order.
14AND THE TRIBUNAL ORDERS that the Appeal pursuant to s. 34(11) of the Planning Act, is allowed, in part, and that City of Toronto By-law 569-2013, as amended, is hereby amended in the manner set out in Attachment “2” to this Order.
15AND THE TRIBUNAL authorizes the municipal clerk to format, as necessary, and assign a number to these by-laws for record-keeping purposes.
16THE TRIBUNAL ORDERS that the plan of subdivision shown in the plan prepared by Glen Schnarr & Associates Inc. dated November 29, 2021, comprising PART OF LOT 6, CONCESSION 3, FROM THE BAY HUMBER RANGE (GEOGRAPHIC TOWNSHIP OF YORK) CITY OF TORONTO is approved and attached hereto as Attachment “3”.
17AND THE TRIBUNAL ORDERS that a one-day settlement hearing of the Site Plan appeals pursuant to s. 114(15) of the City of Toronto Act, be scheduled on Tuesday, April 18th, 2023 at 10 a.m.
“Steven Cooke”
STEVEN COOKE VICE-CHAIR
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 Attachment 3