Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 9, 2024
CASE NO(S): OLT-23-000969
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 7506473 CANADA INC.
Subject: Proposed Zoning By-law Amendment
Description: To permit a 22-storey mixed-use tower consisting of 294 rental units in the northwest portion of the property
Reference Number: 22 116509 WET 07 OZ
Property Address: 1 York Gate Boulevard
Municipality/UT: Toronto / Toronto
OLT Case No.: OLT-23-000969
OLT Lead Case No.: OLT-23-000969
OLT Case Name: 7506473 CANADA INC. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A.
Applicant/Appellant: 7506473 CANADA INC.
Subject: Proposed Site Plan
Description: To permit a 22-storey mixed use tower consisting of 294 rental units in the northwest portion of the property
Reference Number: 22 124982 WET 07 SA
Property Address: 1 York Gate Boulevard
Municipality/UT: Toronto / Toronto
OLT Case No.: OLT-23-000970
OLT Lead Case No.: OLT-23-000969
ORDER
BEFORE:
"P. Tomilin"
P. TOMILIN
MEMBER
Wednesday, the 9th day of October, 2024
THE ZONING BY-LAW AMENDMENT APPEAL having come on for a written hearing on September 20, 2024, and the Ontario Land Tribunal (the “Tribunal”) having been provided affidavit evidence in the area of land use planning that the appeal by 7506473 Canada Inc. (the “Appellant”) under subsection 34(11) of the Planning Act (the “Appeal”) should be allowed, in part, in accordance with the architectural plans prepared by Petroff Partnership Architects dated July 10, 2024 attached as Exhibit “N” to the Affidavit of Ryan Guetter filed with the Tribunal (the “Settlement Plans”) and that the zoning by-law amendment attached as Schedule A for the proposed development of the lands known municipally as 1 York Gate Boulevard, Toronto, Ontario should be approved in principle.
THE TRIBUNAL HEREBY ORDERS that:
The Appeal of the Zoning By-Law Amendment (OLT-23-000969) is allowed in part and in accordance with the Settlement Plans, and the Zoning By-Law Amendment attached as Schedule A is hereby approved in principle.
The final Order approving the Zoning By-Law Amendment is withheld pending the OLT being advised by the City Solicitor regarding the completion of the following conditions:
(a) the final form and content of the Zoning By-law Amendment is satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;
(b) the owner has provided a revised Functional Servicing and Stormwater Management Report to determine the stormwater runoff, sanitary flow, and water supply demand resulting from the proposed development, and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
(c) the owner has provided a revised Transportation Impact Study, including a Transportation Demand Management Plan, to the satisfaction of the General Manager, Transportation Services;
(d) the owner is meeting the accessible parking and visitor parking requirements in ZBL 569-2013 to the satisfaction of the General Manager, Transportation Services;
(e) the owner has made arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the revised Functional Servicing and Stormwater Management Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, and Transportation Impact Study accepted by the General Manager, Transportation Services;
(f) the owner has submitted a revised Hydrological Assessment Report and Hydrological Review Summary Form, Servicing Report Groundwater Summary Form, and Foundation Drainage Summary Form to determine the quality and quantity of groundwater that may be required to be discharged to the City sewage works as a result of the proposed development and comply with Foundation Drainage Policy and guidelines to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;
(g) the owner has provided a revised Pedestrian Level Wind Study, including a Wind Tunnel Study, to the satisfaction of the Chief Planner and Executive Director, City Planning;
(h) the owner has provided a revised Sun/Shadow Study, to the satisfaction of the Chief Planner and Executive Director, City Planning; and
(i) the submitted Compatibility/Mitigation Studies, including the Air Quality Study, dated February 11, 2022, prepared by RWDI AIR Inc. and the Noise Impact Study, dated February 10, 2022, prepared by LEA, have been peer reviewed by a third-party consultant retained by the City at the owner's expense, and the owner agrees to implement any necessary control measures and recommendations identified by the peer review, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Chief Planner and Executive Director, City Planning.
The Site Plan appeal is adjourned sine die.
"Euken Lui"
EUKEN LUI
REGISTRAR (A)
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.
Schedule A