Amdev (Abitibi) LP v. Toronto (City), 2024 CanLII 101397

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 11, 2024

CASE NO.: OLT-24-000436

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

Applicant and Appellant: Amdev (Abitibi) LP

Subject: Request to amend the Official Plan – Refusal of the application

Description: To permit the development of a 50-storey residential building containing 534 residential units with a total gross floor area of 35,863 square metres and a resulting floor space index of 16.2

Reference Number: 23 171311 NNY 18 OZ

Property Address: 10-18 Abitibi Avenue

Municipality/UT: City of Toronto

OLT Case No.: OLT-24-000436

OLT Lead Case No.: OLT-24-000436

OLT Case Name: Amdev (Abitibi) LP v. Toronto (City)

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

Applicant/Appellant: Amdev (Abitibi) LP

Subject: Application to amend the Zoning By-law – Refusal of the application

Description: To permit the development of a 50-storey residential building containing 534 residential units with a total gross floor area of 35,863 square metres and a resulting floor space index of 16.2

Reference Number: 23 171311 NNY 18 OZ

Property Address: 10-18 Abitibi Avenue

Municipality/UT: City of Toronto

OLT Case No.: OLT-24-000437

OLT Lead Case No.: OLT-24-000436

OLT Case Name: Amdev (Abitibi) LP v. Toronto (City)

BEFORE:

C. I. MOLINARI MEMBER

Thursday, the 19th day of September, 2024

THIS MATTER, in respect of the lands at 10-18 Abitibi Avenue (“Property”) in the City of Toronto (“City”), having come before the Ontario Land Tribunal (“Tribunal”) for a public hearing on August 7, 2024 and the Tribunal having issued a Decision on August 12, 2024;

AND THE TRIBUNAL having been advised by the Parties at the hearing on August 7, 2024 and subsequently on August 7, 2024 that a full, uncontested settlement had been reached on consent (“Settlement Proposal”);

AND THE TRIBUNAL having conducted a hearing, in writing, on September 19, 2024 and having read the materials filed, on consent of the parties;

AND THE TRIBUNAL having considered opinion evidence in the area of land use planning, that the appeals under subsection 22(7) and subsection 34(11) of the Planning Act (“Act”) should be allowed, in part, and that the proposed redevelopment of the lands should be approved, in principle, in accordance with the plans attached as Exhibit ‘N’ to the Affidavit of David McKay filed with the Tribunal;

AND THE TRIBUNAL accepting the uncontroverted testimony and evidence of Mr. McKay and finding that the Settlement Proposal:

i. provides for appropriate and reasonable density that is transit-supportive and located along existing and planned transit infrastructure investment within a Major Transit Station Area;

ii. provides intensification, urban revitalization and growth in a modern urban format that is compact, vibrant and pedestrian-oriented, and is in keeping with the evolving character of the area;

iii. permits a range of residential housing units and types which will provide additional housing choices for existing and future residents in the area, and helps the City meet its housing target set by the Province;

iv. permits redevelopment of the Property in an appropriate manner, utilizing and optimizing existing municipal and transit infrastructure;

v. permits a development that will not cause any environmental or public health and safety concerns;

vi. conforms to policies regarding sustainable development and promotes a sustainable community by incorporating low impact development measures, transportation demand management measures and other green infrastructure.

vii. provides for ‘family sized’ units and appropriate amenity space;

viii. is in reasonable walking and cycling distance to commercial, recreational and educational facilities, and the future Yonge-Steeles Subway Station, thus supporting a healthy and active lifestyle for future residents; and

ix. is compatible with adjacent and surrounding land uses.

AND THE TRIBUNAL being satisfied that, in consideration of the evidence of Mr. McKay and the revisions resulting in the Settlement Proposal, the proposed Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”):

i. have sufficient and proper regard for the relevant matters of provincial interest as set out in s. 2 of the Act;

ii. are consistent with the Provincial Policy Statement, 2020;

iii. conform with the Growth Plan for the Greater Golden Horseshoe, 2019, as amended; and

iv. conform with the City of Toronto Official Plan as proposed to be amended, including OPA 615 and OPA 570 as adopted by City Council.

AND THE TRIBUNAL finding that the OPA and ZBA are appropriate, represent good land use planning and are in the public interest;

NOW THEREFORE

THE TRIBUNAL ORDERS THAT:

1. The Appeals are allowed, in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those prerequisite matters identified at paragraph 2 of this Order.

2. The Final Order regarding the Official Plan Amendment and Zoning By-law Amendment is withheld pending confirmation from the City Solicitor that the following conditions are satisfied:

a. the final form and content of the draft Official Plan Amendment and Zoning By-law Amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Owner has satisfactorily addressed the Transportation Services and Engineering and Construction Services matters contained in the Engineering and Construction Services Memorandum dated September 28, 2023, including the provision of acceptable reports and studies, as they relate to the Official Plan and Zoning By-law Amendment application to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and/or road improvements are required to support the development, according to the Functional Servicing and Stormwater Management Report and Hydrogeological Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the Owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review in their memorandum dated October 2, 2023, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

e. the Owner has submitted a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, with any required wind mitigation measures to be secured through the Site Plan approval process;

f. the Owner has withdrawn its party status to the Yonge Street North Secondary Plan (OPA 615) (By-law 1016-2022) appeal to the Ontario Land Tribunal within Ontario Land Tribunal Case OLT-22-004346;

g. the Owner has secured an acceptable Tenant Relocation and Assistance Plan in accordance with Official Plan Policy 3.2.1.12 for tenants of the existing rental dwelling units proposed to be demolished, addressing financial compensation and other assistance to lessen hardship, and the Tenant Relocation and Assistance Plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and implemented prior to the issuance of Notice of Approval Conditions for Site Plan Control approval; and,

h. the Owner has provided an undertaking or agreement to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the Tenant Relocation and Assistance Plan as required in Part 1.g. above.

3. The Member will remain seized for the purposes of reviewing and approving the final draft of the Official Plan Amendment and the Zoning By-Law Amendment and the issuance of the Final Order.

4. If the Parties do not submit the final draft of the Official Plan Amendment and Zoning By-law Amendment, and provide confirmation that all other contingent pre-requisites to the issuance of the Final Order set out in paragraph 2 above have been satisfied, and do not request the issuance of the Final Order, by Friday, March 19, 2025, the Owner and the City shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the draft Official Plan Amendment and Zoning By-law Amendment and issuance of the Final Order by the Tribunal.

5. The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadline for the submission of the final form of the draft Official Plan Amendment and Zoning By-law Amendment, the satisfaction of the contingent pre-requisites and the issuance of the Final Order.

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

Ontario Land Tribunal

Website: 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.