Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 13, 2024
CASE NO.: OLT-22-004804
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: A1 Hickory Tree Towers GP Inc. & A1 Hickory Tree Towers Limited Partnership
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of a 25-storey mixed use building
Reference Number: 22 111715 WET 05 OZ
Property Address: 1736-1746 Weston Road
Municipality: Toronto
OLT Case No.: OLT-22-004804
OLT Lead Case No.: OLT-22-004804
OLT Case Name: A1 Hickory Tree Towers GP Inc. & A1 Hickory Tree Towers Limited Partnership v. Toronto (City)
BEFORE:
B. RAJAEE MEMBER
Tuesday the 13th day of February, 2024
THIS MATTER having come before the Tribunal for a hearing, in writing, on January 31, 2024, and having read the materials filed, on consent of the parties,
THE TRIBUNAL having been advised by the Parties, A1 Hickory Tree Towers GP Inc. & A1 Hickory Tree Towers Limited Partnership (“Applicant”) and the City of Toronto (“City”) on November 20, 2023, that a full settlement agreement had been reached between all Parties;
AND THE TRIBUNAL, having received and considered:
i. the uncontested opinion evidence of Michael Goldberg, a Registered Professional Planner and full member of the Canadian Institute of Planners, in his comprehensive Affidavit sworn on January 17, 2024;
ii. the attached Exhibits to the sworn Affidavit of Michael Goldberg; and
iii. City Council’s Decision adopted November 8, 2023.
AND THE TRIBUNAL, having accepted the uncontradicted Affidavit evidence of Michael Goldberg, with respect to Zoning By-law Amendments (“ZBA”) before the Tribunal in relation to lands known municipally as 1736-1746 Weston Road in the City of Toronto, and finding that the ZBAs and the proposal they would facilitate are consistent with, conform to, and are in keeping with applicable policies and guidelines of the Province of Ontario and the City of Toronto, including:
i. The Planning Act, R.S.O. 1990, c. P.13;
ii. The Provincial Policy Statement 2020;
iii. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020;
iv. The City of Toronto Official Plan, June 2023 Consolidation;
v. The City of York By-law 1-83 as amended by By-law 3507-97;
vi. The City of Toronto City-Wide Zoning By-law 569-2013;
vii. City of Toronto Tall Building Design Guidelines;
viii. Weston Road Urban Design Guidelines; and
ix. City of Toronto Growing Up: Planning for Children in New Vertical Communities Guidelines.
AND THE TRIBUNAL finding that the requested ZBAs, as revised by the settlement agreement, meet the required legislative tests, represent good planning, are in the public interest, and warrant approval, in principle, subject to the conditions agreed to by the Parties;
NOW THEREFORE
THE TRIBUNAL MAKES AN INTERIM ORDER THAT:
The appeal by the Applicant pursuant to section 34(11) of the Planning Act is allowed, in part, and the proposed amendments to the City of Toronto Zoning By-law No. 569-2013, as amended, and to the former City of North York Zoning By-law No. 7625, as amended, are hereby approved, in principle, contingent upon confirmation, satisfaction, or receipt of those pre-requisite matters identified at paragraph [2] of this Order;
The Tribunal’s final Order in respect of the Zoning By-law Amendments for the Subject Site shall be withheld until such time as the Tribunal receives confirmation from the City Solicitor that the following conditions have been satisfied:
i. the Applicant has submitted a revised Transportation Impact Study, including all requested revisions to the satisfaction of the General Manager, Transportation Services;
ii. the Applicant has submitted a revised Functional Servicing and Stormwater Management Report to determine the stormwater runoff, sanitary flow and water supply demand resulting from this 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;
iii. the Applicant has submitted a revised Hydrogeological Assessment, Hydrological Review Summary Form, Servicing Report Groundwater Summary Form and Foundation Drainage Summary Form to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
iv. the Noise and Vibration Report has been peer reviewed at the cost of the Applicant and the report has been revised to the satisfaction of the Chief Planner and Executive Director, City Planning;
v. the Applicant has provided a revised Pedestrian Wind Study, such report to be reviewed with recommendations implemented as part of the amending Zoning By-law(s) and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning;
vi. the form and content of the Zoning By-law Amendment(s) is satisfactory to the Chief Planner and Executive Director, City Planning, the Applicant, and the City Solicitor; and
vii. should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Stormwater Management Report and/or the Transportation Impact Study, the Applicant will have entered into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager of Transportation Services, or alternatively a Holding Provision shall be included in the final form of the site-specific Zoning By-law Amendment(s), not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager of Transportation Services.
AND THE TRIBUNAL ORDERS that it may, as necessary, arrange for further attendance by the Parties via telephone conference calls to determine timelines and/or a deadline for the submission of the final draft of the Zoning By-law Amendment(s), the satisfaction of the contingent pre-requisites, or the issuance of the Final Order, if required.
AND THE TRIBUNAL ORDERS that it may be spoken to with respect to the implementation of this Interim Order and in the event that there are difficulties in satisfying the above conditions for the issuance of the Tribunal's final Order in respect of the above-mentioned appeal.
“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.