Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
April 8, 2024
CASE NO.:
OLT-23-000669
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
MR-V 1265 Wilson Avenue Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
Proposes to redevelop and intensify the Property with a new purpose-built rental apartment building
Reference Number:
21 219425 NNY 06 OZ
Property Address:
1265 Wilson Avenue
Municipality:
Toronto/Toronto
OLT Case No.
OLT-22-000669
OLT Lead Case No.
OLT-22-000669
OLT Case Name:
MR-V 1265 Wilson Avenue Inc. v. Toronto (City)
BEFORE:
S. deBOER
Tuesday, the 2
MEMBER
day of April, 2024
THIS MATTER in respect of the lands at 1265 Wilson Avenue in the City of Toronto, having come before the Tribunal by way of written hearing; and
THE TRIBUNAL having been advised by the Parties on February 22, 2024, that a full uncontested settlement had been reached, on consent;
AND THE TRIBUNAL having received motion materials from the Applicant for the settlement, including the uncontested opinion evidence of David Charezenko, RPP, and the exhibits attached thereto, and having qualified David Charezenko to give expert opinion evidence in the area of land use planning;
AND THE TRIBUNAL having accepted the uncontested opinion evidence of David Charezenko as presented in his affidavit, the Tribunal finds that the proposed amendments to the City of Toronto Zoning By-law 569-2013 are consistent with the Provincial Policy Statement, 2020, conform with the Growth Plan for the Greater Golden Horseshoe, 2019, as amended, conform with the City of Toronto’s Official Plan, have regard to the City’s “Mid-Rise Building Design Guidelines”, “Tall Building Design Guidelines”, “Growing Up Guidelines”, and “Pet Friendly Guidelines”, and have regard to the matters of provincial interest set out in s. 2 of the Planning Act . The proposed amendments demonstrate an appropriate form of intensification including height, massing, and density. The proposed amendments reflect the principles of good land use planning and are in the public interest;
NOW THEREFORE
THE TRIBUNAL ORDERS ON AN INTERIM BASIS THAT
a) The appeal by the Applicant under subsection 34(11) of the Planning Act is allowed, in part;
b) The draft Zoning By-law Amendment attached hereto as “Appendix A” to this Interim Order is approved in principle;
c) The Tribunal shall withhold the issuance of its Final Order until such time as the City Solicitor advises the Tribunal that the conditions set out in “Appendix B” to this Interim Order have been satisfied;
d) If the City Solicitor does not provide confirmation that the conditions in “Appendix B” have been satisfied by April 8, 2025, the Parties shall provide the Tribunal with a written status report; and
e) The Member shall remain seized for the purposes of reviewing and approving the zoning by-law amendment, addressing other matters arising in the course of this hearing as the Member deems appropriate, and the issuance of the Final Order. The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call in case any difficulties may arise.
“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.
APPENDIX A
APPENDIX B
the final form and content of the draft Zoning By-law Amendments is satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;
the Owner has submitted a revised Functional Servicing Report, including a Stormwater Management Report and Hydrogeological Report, to determine whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, and to address all the matters in the Engineering and Construction Services Memorandum dated January 16, 2023, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;
the Owner has made satisfactory arrangements with Engineering and Construction Services and entered into the appropriate agreement with the City 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 accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;
the Owner has submitted a revised Transportation Demand Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, and that such matters arising from this Plan be secured, if required;
the Owner has provided a number and configuration of loading spaces in the loading area that is to the satisfaction of the General Manager, Transportation Services;
the Owner has addressed matters from the Strategic Initiatives, Policy and Analysis Section of City Planning Memorandum dated February 8, 2023, to the satisfaction of the Chief Planner and Executive Director, City Planning;
the Owner has addressed matters from the Urban Forestry Memorandum dated January 9, 2023, to the satisfaction of the General Manager, Parks, Forestry and Recreation;
the Owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning;
the Owner has provided space within the development for the installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law chapter 681.10.b;
the Owner has secured replacement of the existing rental housing, including the same number of units, bedroom types and sizes and with similar rents;
the Owner has secured an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning; and
City Council has approved the Rental Housing Demolition Application 21 219452 NNY 06 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 which allows for the demolition of the sixty-one (61) existing rental dwelling units at 1265 Wilson Avenue and the Owner has entered into, and registered on title to the lands, one or more agreements with the City to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council’s decision.