A. Mantella & Sons Limited v. Toronto (City), 2024 CanLII 101440

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 9, 2024

CASE NO.: OLT-22-002343

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: 10 QEW Inc.

Appellant: 100 Metropolitan Portfolio Inc.

Appellant: 1095909 Ontario Limited (Wynn Group of Companies)

Appellant: 1107051 Ontario Ltd.; and others

Subject: Proposed Official Plan Amendment No. 231

Municipality: City of Toronto

OLT Case No.: OLT-22-002343

Legacy Case No.: PL140860

OLT Lead Case No.: OLT-22-002343

Legacy Lead Case No.: PL140860

OLT Case Name: A. Mantella & Sons Limited v. Toronto (City)

BEFORE:

S. BRAUN VICE-CHAIR

C. HARDY VICE-CHAIR

Wednesday, the 9th day of October, 2024

THIS MATTER having come before the Tribunal as a written hearing to consider a settlement reached between Amexon Property Management Corporation (“Amexon”) and the City of Toronto, regarding Appeal No. 56 to Official Plan Amendment No. 231 (“OPA 231”) with respect to the lands at 1200 Eglinton Avenue East (“subject lands”);

AND THE TRIBUNAL having received the Motion Record of the City of Toronto, submitted on the consent of Amexon, including the opinion evidence of Cole Solish (whom the Tribunal herein recognizes as qualified to assist in its deliberations through opinion evidence in the area of land use planning) provided in an affidavit and supplementary affidavit, affirmed September 23, 2024 and October 4, 2024, respectively;

AND THE TRIBUNAL having reviewed the Motion Record, which explains that the proposed settlement would have the effect of: redesignating the subject lands from General Employment Areas to Regeneration Areas, removing the subject lands from Site and Area Specific Policy 394 and adding Site and Area Specific Policy 898 (“SASP 898”) to the subject lands; and would resolve Appeal No. 56 in its entirety;

AND THE TRIBUNAL having been satisfied by the uncontroverted land use planning opinion of Mr. Solish, that the proposed modifications to OPA 231 as set out in Attachment 1 to this Order:

• Are representative of good planning in the public interest, as they allow for comprehensive planning for intensification, a mix of residential, employment and other non-residential uses, optimization of infrastructure investments, and will maintain a stable operating environment for business and economic activities given the scope of work that must be completed as part of the local area study outlined in SASP 898;
• Have appropriate regard for matters of provincial interest in s. 2 of the Planning Act and, in particular, policies which speak to orderly development, provision of a full range of housing (including affordable housing), adequate provision of employment opportunities and the appropriate location of growth and development;
• Are consistent with the Provincial Policy Statement 2020 (PPS) and conform with the 2006 Growth Plan for the Greater Golden Horseshoe, including satisfying the necessary criteria for employment land conversions set out therein; and
• Align with the vision and intent of the City of Toronto Official Plan.

NOW THEREFORE

THE TRIBUNAL ORDERS THAT

1. OPA 231 is hereby modified and approved in accordance with Attachment “1” to this Order and that the modifications are hereby in full force and effect as it applies to the lands at 1200 Eglinton Avenue East; and,

2. Appeal No. 56 to OPA 231 has been resolved in its entirety as it relates to the lands at 1200 Eglinton Avenue East;

AND THIS TRIBUNAL ORDERS that this Order and the approval of the above-mentioned portions of OPA 231 is without prejudice to the disposition of the unapproved portions of OPA 231, including but not limited to positions taken by the parties to any remaining site or area specific appeals. Thus, the Tribunal may render future Orders respecting such unapproved portions of OPA 231 which are inconsistent with one or more aspects of this Order, including without limitation approving site-specific modifications that deviate from or are inconsistent with this Order or such policies, non-policy text, that are approved hereby on a City-wide basis (or as approved in respect of other lands which are subject to the same policies, schedules and associated text). However, this does not affect the City’s right to assert that the approved policies and non-policy text should be applied to the specific sites or areas without modification on the basis that they constitute good planning;

AND THIS TRIBUNAL ORDERS that notwithstanding anything ordered above, the Tribunal hereby retains jurisdiction to consider and approve modifications to any policies, non-policy text, definitions, mapping approved herein as may be appropriate to dispose of any of the outstanding appeals before the Tribunal, in accordance with section 9 of the Ontario Land Tribunal Act, 2021, S.O. 2021, c.21, Sched.6;

AND THIS TRIBUNAL ORDERS that it may be spoken to in the event some matter should arise in connection with the implementation of this 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.

ATTACHMENT “1”

1. Map 2, Urban Structure, is amended by deleting Employment Areas on the lands known municipally in 2023 as 1200 Eglinton Avenue East.

2. Map 20, Land Use Plan, is amended by re-designating the lands municipally known in 2023 as 1200 Eglinton Avenue East from General Employment Areas to Regeneration Areas.

3. Chapter 7, Site and Area Specific Policies, is amended by concurrently:

a. removing the lands known municipally in 2023 as 1200 Eglinton Avenue East from Site and Area Specific Policy 394 – "Business Parks along the Don Valley Parkway Corridor".

b. adding Site and Area Specific Policy No. 898 and the associated map below, for the lands municipally known in 2023 as 1200 Eglinton Avenue East as follows:

898. 1200 Eglinton Avenue East

a) All uses permitted under the General Employment Areas designation and Regeneration Areas designation, including interim uses, with the exception of residential uses, overnight accommodations, and live-work uses, are permitted on the lands prior to the completion of a local area study that results in a Secondary Plan or Site and Area Specific Policy.

b) No form of residential uses and/or live-work uses will be permitted in General Employment Areas or Regeneration Areas, prior to the adoption of a Secondary Plan or Site and Area Specific Policy.

c) A minimum of 1.0 times the site area, excluding lands conveyed to the City or other public body for new parks, open spaces, natural areas, streets and/or lanes, or 8,378 square metres, whichever is greater, will be non-residential gross floor area, and:

i. a minimum of 51 per cent of the minimum required non- residential gross floor area be comprised of uses permitted in Core Employment Areas and must be compatible with residential uses; and

ii. be developed prior to or concurrent with any residential uses on the lands in accordance with the Phasing Strategy and Implementation Plan in Policy d) ii) below.

d) The local area study leading to the Secondary Plan or Site and Area Specific Policy will result in the following:

i. A Land Use Plan that provides for the redesignation of Regeneration Areas lands to Mixed Use Areas, Apartment Neighbourhoods, General Employment Areas, and/or Parks and Open Space as appropriate. The Land Use Plan will:

1. determine building heights and densities across the lands to be included within the Secondary Plan or Site and Area Specific Policy;

2. determine the list of permitted non-residential uses as well as maximum percentages of these uses that contribute to the employment gross floor area;

3. built form policies that outline the location, scale and massing of new development; and

4. compatibility between the lands and nearby land uses.

ii. A Phasing Strategy and Implementation Plan to provide for the sequencing of development, including the provision of infrastructure and services. The Phasing Strategy:

1. must set out the amount of non-residential gross floor area to be constructed in each phase, prior to, or concurrent with residential gross floor area to provide a balance of employment and residential growth in all phases of development;

2. must consider necessary transportation and servicing infrastructure (including watermain and hydrants) to support all phases of development in accordance with the Transportation Plan; and

3. may include the use of holding provisions to provide for the orderly sequencing of development in phases, including the provision of infrastructure and services.

iii. A Block Context Plan will be prepared that applies the City's "Complete Streets" principles, considers the findings of the Transportation Plan, and establishes a network of public streets, development blocks, pedestrian and cycling facilities and connections, parks and open spaces that contributes to a safe, comfortable and connected public realm, and considers potential future relocation of the existing bus terminal, with associated future right of way widening requirements and street network updates.

iv. A Community Services and Facilities Strategy will be prepared that will:

1. build on the findings of the Don Mills Crossing Community Services and Facilities Profile and policies of the Don Mills Crossing Secondary Plan to provide updated recommendations that reflect the introduction of any mixed-use development;

2. identify appropriate community space and facilities needs, including the provision of new child care facilities, libraries, community recreation centres, schools and other community agency space; and

3. set out priorities to support growth which may include potential locations and phasing as well as opportunities for co‐location.

v. A Transportation Plan will be prepared that will:

1. build on the findings of the Don Mills Crossing - Mobility Planning Study and policies of the Don Mills Crossing Secondary Plan to provide updated recommendations to support new development;

2. ensure that the transportation network and infrastructure can accommodate existing and new development and provide efficient and safe transportation for all modes including cycling and walking;

3. identify required transportation infrastructure for the lands;

4. identify required transportation network improvements to support growth in the study area;

5. consider an area of influence including but not limited to an area bounded by Don Mills Road to the west, the CPR Railway to the north, Don River to the east and Eglinton Avenue East to the south; and

6. identify required measures that will provide for improved connections through the lands, and assess the potential for vehicle, pedestrian, and bicycle connections across the Don Valley Parkway corridor to the Don River to the east.

vi. A Parks and Open Space Plan will be prepared that identifies the location of new public parks and Privately Owned Publicly-Accessible Space ("POPS").

e) Any new development containing residential units on the lands will secure a minimum amount of affordable housing as follows:

i. if a condominium development is proposed, a minimum of 7 percent of the total new residential gross floor area shall be secured as affordable ownership housing or a minimum of 5 percent of the total new residential gross floor area shall be secured as affordable rental housing; and

ii. the affordable housing shall be secured at affordable rents or affordable ownership prices for a period of at least 99 years from the date of first residential occupancy of the unit;

iii. the unit mix of the affordable housing shall reflect the market component of the development, as appropriate, to achieve a balanced mix of unit types and sizes and support the creation of affordable housing suitable for families; and

iv. if a purpose-built rental development is proposed there is no requirement for affordable rental housing.

f) Where a complete application for a Zoning By-law Amendment has not been filed within 1 year of City Council approval of any amendment creating a Secondary Plan or Site and Area Specific Policy resultant from the local area study, the affordable rental housing required in Policy e) will increase by 1.5 percent per year. Affordable ownership housing requirements will be set at 1.4 times the affordable rental housing requirements.

g) The provision of affordable housing required by Policy e) and Policy f) and shall be secured through one or more agreements with the City.

h) If an Inclusionary Zoning By-law takes effect and becomes applicable to any development on the lands, then the Official Plan Inclusionary Zoning policies and by-law, as may be amended, will prevail and the affordable housing requirements in Policy e) and Policy f) will no longer apply, but only provided the applicable Inclusionary Zoning policy and by-law requirements meet or exceed the requirements of Policy e) and Policy f) above.

i) Conditions to be met prior to the removal of a holding ("H") provision shall include the following:

i. Entering into a Municipal Housing Project Facility Agreement or such other agreement(s) as may be satisfactory to the City Solicitor to secure the provision of affordable housing; and

ii. The submission and acceptance of a Housing Issues Report, to the satisfaction of the Chief Planner and Executive Director, that identifies the unit mix, unit sizes, and how affordable housing requirements will be met.

j) As part of a complete Zoning By-law Amendment application, a Compatibility/Mitigation Study will be submitted and peer reviewed, at the applicant's expense, to the City's satisfaction, that identifies any necessary mitigation measures to be incorporated into the development design.

k) Sensitive land uses, including new residential uses will be located, designed and buffered to mitigate impacts from, be compatible with, and not impede the continuation of and the expansion of existing employment uses, and any new employment uses within the surrounding General Employment Areas.'

4. Chapter 7, Map 31, Site and Area Specific Policies, is revised to add the lands known municipally in 2023, as 1200 Eglinton Avenue East as shown on the map above as Site and Area Specific Policy 898.