Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 26, 2024
CASE NO.: OLT-21-001809
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lifetime Jackes Inc.
Subject: Application to amend Zoning By-law Nos. 438-86 and 569-2013 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Residential (R2 Z1.0)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 29-storey residential building
Property Address/Description: 49 Jackes Avenue
Municipality: City of Toronto
Municipality File No.: 20 226916 STE 11 OZ
OLT Case No.: OLT-21-001809
Legacy Case No.: PL210266
OLT Lead Case No.: OLT-21-001809
Legacy Lead Case No.: PL210266
OLT Case Name: Lifetime Jackes Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lifetime Jackes Inc.
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation: Apartment Neighbourhoods
Proposed Designated: Site Specific (To be determined)
Purpose: To permit a 29-storey residential building
Property Address/Description: 49 Jackes Avenue
Municipality: City of Toronto
Approval Authority File No.: 20 226916 STE 11 OZ
OLT Case No.: OLT-21-001569
OLT Lead Case No.: OLT-21-001809
BEFORE:
C. I. MOLINARI
Tuesday, the 26th
MEMBER
day of November, 2024
THIS MATTER, in respect of the property at 49 Jackes Avenue (“Property”) in the City of Toronto (“City”), having come before the Ontario Land Tribunal (“Tribunal”) for a public hearing on June 6, 2023, and the Tribunal having issued a Decision on June 16, 2023 and a correction notice issued on July 7, 2023;
AND THE TRIBUNAL having been advised by the Parties on July 27, 2024 that a full, uncontested settlement had been reached on consent (“Settlement Proposal”);
AND THE TRIBUNAL, having held a settlement hearing in writing on November 25, 2024;
AND THE TRIBUNAL, having qualified Alex Savanyu to give expert opinion evidence in the area of land use planning, as set out in his Affidavit, sworn on November 15, 2024 and filed with the Tribunal;
AND THE TRIBUNAL having considered Mr. Savanyu’s uncontroverted opinion evidence, that the appeals under subsection 22(7) and subsection 34(11) of the Planning Act should be allowed, in part, and that the proposed redevelopment of the Property should be approved, in principle;
AND THE TRIBUNAL having accepted the evidence of Mr. Savanyu and finding that the Settlement Proposal provides for an appropriate scale of intensification, given the location of the Property in a strategic growth area, in proximity to a major arterial road with frequent transit service and within a proposed protected major transit station area;
AND THE TRIBUNAL being satisfied that, in consideration of the evidence of Mr. Savanyu, the Official Plan Amendment and Zoning By-law Amendment have sufficient and proper regard for the relevant matters of provincial interest as set out in s. 2 of the Planning Act, are consistent with the Provincial Planning Statement, 2024, and conform with the policies of the City of Toronto Official Plan, including the Yonge-St. Clair Secondary Plan;
THE TRIBUNAL finds that the Official Plan Amendment and Zoning By-law Amendment are appropriate, represent good land use planning, are in the public interest and should be approved.
THE TRIBUNAL ORDERS that:
The appeals of the Official Plan Amendment and Zoning By-law Amendment applications are allowed in part and the proposed redevelopment of the lands known municipally in the City of Toronto as 49 Jackes Avenue is approved in principle, on an interim basis, substantially in accordance with the plans attached as pages 14 to 29 of Exhibit “C” to the Affidavit of Alex Savanyu filed with the Tribunal and appended to this Order as Attachment 1;
The Final Order for the Official Plan Amendment and Zoning By-law Amendment is withheld pending confirmation from the City Solicitor that:
a. the Official Plan Amendment and Zoning By-law Amendment are in a final form satisfactory to the Chief Planner and Executive Director, City Planning;
b. the Applicant/Appellant has submitted a revised Functional Servicing and Stormwater Management Report, providing confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;
c. the Applicant/Appellant has entered into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required; and
d. the Applicant/Appellant has submitted an updated Pedestrian Level Wind Study (Computational Fluid Dynamics Study and signed Template A) demonstrating there are no uncomfortable or unsafe wind conditions, to the satisfaction of the Chief Planner and Executive Director, City Planning, with any required wind mitigation measures to be secured in the final Zoning By-law Amendment or through the Site Plan Application process.
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.
If the Parties do not submit the final drafts 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, May 25, 2025, the Applicant/Appellant 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.
The Tribunal may be spoken to in the event a 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