Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 10, 2024

CASE NO.: OLT-23-000479

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c.P.13 as amended

Applicant(s)/Appellant(s): Lifetime 141 Roehampton Inc.

Subject: Zoning By-law Amendment

Description: To permit development of 48-storey residential building consisting of 614 residential units

Property Address: 141 Roehampton Avenue

Municipality: Toronto

Municipal File No.: 22 168974 STE 12 OZ

OLT Case No.: OLT-23-000479

OLT Lead Case No.: OLT-23-000479

OLT Case Name: Lifetime 141 Roehampton Inc. v. Toronto (City)

BEFORE: J. INNIS, MEMBER Friday the 5th day of April, 2024

THIS MATTER having come before the Tribunal by way of written hearing;

AND THE TRIBUNAL having been advised by the Parties on February 27, 2024 that a full uncontested settlement had been reached, on consent;

AND THE TRIBUNAL having received and considered:

i. the uncontested opinion evidence of Michael S. Goldberg, a Registered Professional Planner, in his Affidavit sworn on March 27, 2024;

ii. The Motion Record filed by the Applicant and the Affidavit and Exhibits contained therein (645 pages), including the architectural plans and drawings dated January 19, 2023; and

AND THE TRIBUNAL, having accepted the uncontradicted Affidavit evidence of Michael S. Goldberg, with respect to a Zoning By-law Amendment (“ZBA”) before the Tribunal in relation to lands known municipally as 141 Roehampton Avenue in the City (“Subject Property”), and finding that the proposed ZBA, 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;

ii. the Provincial Policy Statement 2020;

iii. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019;

iv. the City of Toronto Official Plan;

v. the Yonge-Eglinton Secondary Plan - OPA 405;

vi. Official Plan Amendment 570 - Eglinton Station

vii. City of Toronto Zoning By-law 569-2013

viii. the City of Toronto’s Guidelines, including:

a. the City of Toronto Tall Building Design Guidelines;

b. Growing Up: Planning For Children in Vertical Communities;

c. Pet Friendly Design Guidelines and Best Practices for New Multi-Unit Buildings;

AND THE TRIBUNAL finding that the requested ZBA, as revised pursuant to 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 ORDERS THAT:

1. The appeal by the Applicant under subsection 34(11) of the Planning Act is allowed, in part;
2. The draft Zoning By-law Amendment filed as Exhibit D, (see Attachment 1) to Mr. Michael Goldberg’s Affidavit is approved in principle;
3. The Proposed Development is approved in principle, and;
4. The Tribunal shall withhold the issuance of its Final Order until such time as the Tribunal has been advised by the City Solicitor that the conditions set out in Attachment 2 to this Interim Order have been satisfied.

“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

Attachment 2

Conditions of FINAL Approval

1. The final form and content of the draft Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor;

2. The owner has submitted an updated Functional Servicing and Stormwater Management Report, providing confirmation of water, sanitary, and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment;

3. The owner has entered into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure, should it be determined that improvements to such infrastructure are required in the revised Functional Servicing and Stormwater Management Report to support the development, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

4. The owner 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 through the Site Plan approval process; and

5. The owner has conducted a Quality Level-A daylighting investigation of the underground utilities within the Roehampton Avenue road allowance; if the daylighting investigation reveals any deviations from the utility data currently shown on the Landscape Plans and Sections, including but not limited to types, sizes, materials, locations, and depths, then the Landscape Plans and Sections shall be updated to align with the daylighting investigation data; the owner shall also submit all daylighting investigation data to the Supervisor, Urban Forestry – Tree Protection and Plan Review, Toronto and East York District; following completion of the utility daylighting investigation, the owner shall submit confirmation that the tree planting and soil trench infrastructure proposed within the Roehampton Avenue road allowance demonstrates the provision of adequate soil volume to the satisfaction of the Supervisor, Urban Forestry - Tree Protection and Plan Review, Toronto and East York District.