Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 29, 2024
CASE NO(S).: OLT-23-001243
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Canadian Tire Real Estate Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the redevelopment of the subject site to permit two mixed-use towers 33 and 44 storeys in height with an eight-storey podium
Reference Number: 22 241654 STE 19 OZ
Property Address: 2681 Danforth Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-001243
OLT Lead Case No: OLT-23-001243
OLT Case Name: Canadian Tire Real Estate Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Canadian Tire Real Estate Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the redevelopment of the subject site to permit two mixed-use towers 33 and 44 storeys in height with an eight-storey podium
Reference Number: 22 241654 STE 19 OZ
Property Address: 2681 Danforth Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-001244
OLT Lead Case No: OLT-23-001243
Heard: October 4, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Canadian Tire Real Estate Limited
Jennifer Evola Signe Leisk (in absentia)
City of Toronto
Michelle LaFortune Jason Davidson Nathan Muscat (in absentia)
Tri-Metro Investments Inc.
Mark Flowers Liam Valgardson
Minto Communities Canada Inc.
Cynthia MacDougall Razan Mohamed (student of law)
Jacob’s Tent Inc.
Michael Cara Daniel Artenosi (in absentia)
6 Dawes Fitzrovia Inc.
Michael Cara Daniel Artenosi (in absentia)
Dandaw Developments Limited
Daniel Angelucci Michael Foderick (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON OCTOBER 4, 2024 AND INTERIM ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The Tribunal convened a Settlement Hearing concerning an appeal by the Canadian Tire Real Estate Limited (“Appellant”) of the City of Toronto’s (“City”) failure to make a decision on Applications for an Official Plan Amendment (“OPA”) and Zoning-By-law Amendment (“ZBA”) within the statutory timeframes prescribed in the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”).
2The Applications were filed by the Appellant and would facilitate a 33-storey and 44-storey building connected by an eight to nine storey podium in respect of the property known as 2681 Danforth Avenue (“Subject Lands”).
3As a result of a series of mediation sessions that occurred, the Settlement Proposal incorporates a number of changes to the December 2022 submission (“Submission”), including re-orientation of the towers, increase in tower floorplate areas, increased Tower A height, inclusion of a new Privately-Owned Publicly Accessible Space (“POPS”), and reductions to and simplification of the base building massing, among other matters.
4Tri-Metro Investments Inc., Minto Communities Canada Inc., Jacobs Tent Inc., 6 Dawes Fitzrovia Inc., and Dandaw Developments Limited were previously granted Party Status.
SUBJECT LANDS
5The Subject Lands are located in the East