Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 19, 2024
CASE NO.: OLT-22-003744
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Hullmark Development Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the redevelopment of the site with a 25-storey mixed-use building with ground floor retail uses and 223 residential units above
Reference Number: 21 208078 STE 10 OZ
Property Address: 147 Spadina Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003744
OLT Lead Case No.: OLT-22-003744
OLT Case Name: Hullmark Development Ltd. v. Toronto (City)
BEFORE:
SHARYN VINCENT VICE-CHAIR
Friday, the 19th day of January, 2024
THESE MATTERS having come before the Tribunal as a written a Hearing to consider a settlement between the City and Hullmark Development Ltd. on January 19, 2024, and the Tribunal having received and reviewed sworn, uncontradicted opinion evidence from Peter F. Smith, M.C.I.P., R.P.P., who has been qualified to assist the Tribunal in its deliberations through opinion evidence in areas of land use compatibility ad planning;
AND UPON CONSIDERATION OF THE FOLLOWING:
The development will support the achievement of numerous policy directions promoting intensification with in built up areas and the efficient use of land, particularly in this location which is well served by municipal infrastructure, including existing and planned higher order transit.
The proposal represents an appropriate form of residential mixed-use intensification at an appropriate height reduced to 24 stories to ensure that the development fits beneath a 45° angular plane taken from the curb of the north side of Queen St. and is in keeping with recently approved heights in the area.
The introduction of additional setbacks and step backs at the ground floor, base and tower sections result in appropriate and compatible relationships with the surrounding built form fabric.
THE TRIBUNAL ORDERS
The appeals of the Zoning By-law Amendment applications are allowed in part;
The amendment to the City of Toronto City-wide Zoning By-law 569-2013 filed as Exhibit “D” to the Affidavit of Peter F. Smith and attached hereto as Attachment 1 is approved in principle subject to the satisfactory final form being approved;
The development proposal as generally depicted on the plans prepared by Audax Architecture, dated September 1, 2023, filed as part of Exhibit “C”, Tab 17 to the Affidavit of Peter F. Smith is approved in principle.
That the Final Order on the Zoning By-law Amendment be withheld until the Tribunal is advised by the City Solicitor that:
i. the proposed Zoning By-law Amendment is in a final content and form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;
ii. the Owner has worked with City Planning and Urban Forestry staff to conserve as many of the five existing City trees as possible along the Spadina Avenue frontage; for any trees that do require removal to facilitate construction, the owner has submitted an application to remove City trees together with a Tree Planting Replacement Plan, to the satisfaction of Urban Forestry;
iii. the Owner has withdrawn their site-specific appeals of the King-Spadina Secondary Plan (Official Plan Amendment 486) and the King-Spadina Heritage Conservation District Plan; and
iv. the Owner has, at its sole cost and expense:
submitted a revised Site Servicing and Stormwater Management Report, a Servicing Report Groundwater Summary, and a Hydrogeological Review Summary, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;
made satisfactory arrangements for the construction of any improvements to the municipal infrastructure in connection with the Functional Servicing Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; and
submitted appropriate documentation to demonstrate that required easements and/or agreements have been entered into to permit vehicular access to the property at 147 Spadina Avenue through the adjacent property at 388 Richmond Street West, to the satisfaction of the City Solicitor. That the Tribunal may be spoken to in the event some matter should arise in connection with the implementation of this Order; and
The Member will remain seized.
“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