Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 30, 2024
CASE NO.: OLT-22-003842
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: 2720433 Ontario Limited
Subject: Application to amend City of Toronto Official Plan – Refusal or neglect of City of Toronto to make a decision
Existing Designation: Neighbourhoods & Mixed Use Areas
Proposed Designation: Site Specific (To be determined)
Purpose: To permit the redevelopment as a 28-storey mixed use building
Property Address/Description: 805-813 Glencairn Avenue & 529-543 Marlee Avenue
Municipality: City of Toronto
Municipality File No.: 21 243814 NNY 08 SA
OLT Case No.: OLT-22-003843
OLT Lead Case No.: OLT-22-003842
OLT Case Name: 2720433 Ontario Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: 2720433 Ontario Limited
Subject: Application to amend Zoning By-law No. 7625 – Refusal or neglect of City of Toronto to make a decision
Existing Zoning: General Commercial (C1) Zone & One-Family Detached Dwelling Sixth Density (R6) Zone
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the redevelopment as a 28-storey mixed use building
Property Address/Description: 805-813 Glencairn Avenue & 529-543 Marlee Avenue
Municipality: City of Toronto
Municipality File No.: 21 243814 NNY 08 SA
OLT Case No.: OLT-22-003843
OLT Lead Case No.: OLT-22-003842
OLT Case Name: 2720433 Ontario Limited v. Toronto (City)
BEFORE:
STEVEN COOKE VICE-CHAIR
Tuesday, the 30th day of April, 2024
THE MATTER having come on for a written hearing, and the Ontario Land Tribunal (the “Tribunal”) having considered opinion evidence in the area of the land use planning that the appeals under subsection 22(7) and subsection 34(11) of the Planning Act (the “Appeals”) should be allowed, in part, and that the proposed redevelopment of the lands known municipally in the City of Toronto as 805-813 Glencairn Avenue and 529-543 Marlee Avenue (the “Lands”) should be approved in principle in accordance with the plans attached as Exhibit “I” to the Affidavit of Michael Vanni filed with the Tribunal;
In determining this matter, the Tribunal accepts and adopts the uncontested land use written affidavit and expert opinions provided by Mr. Michael Vani. The Tribunal is persuaded by the evidence that the proposal promotes efficient development of land, accommodates a range of appropriate mixed uses, intensifies uses within the settlement area, and contributes to the range of housing options, and in particular, with the increase in three-bedroom dwelling units as desired by the City.
THE TRIBUNAL finds that the proposed mixed-use development is consistent with the policy direction established by the PPS, and conforms to the relevant directives established by the GP, and as maintained by the OP. The Tribunal is further satisfied that the proposal has due regard for matters of Provincial interest, is consistent with the principles of good land use planning and is in the greater public interest. More significantly, the proposal furthers the goals and objectives of the Provincial planning regime to increase housing opportunities.
THE TRIBUNAL HEREBY ORDERS on an interim basis that:
the Appeals are allowed, in part;
the proposed redevelopment of the Lands is approved, in principle, contingent upon confirmation, satisfaction or receipt of those prerequisite matters identified at paragraph 3 of this Order;
the Final Order regarding the official plan amendment and zoning by-law amendment is withheld pending confirmation from the City solicitor that:
a. the final form and content of the draft OPA and ZBA instruments are finalized, satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;
b. if there are any affected rental housing units and/or dwelling rooms with existing tenants, that the owner has submitted a tenant relocation and assistance plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor in accordance with Official Plan Policy 3.2.1.12;
c. if a Rental Housing Demolition Application is necessary, that City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has authorized the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, as applicable;
d. the owner has submitted a revised pedestrian level wind study, including the identification of any required mitigation measures to be secured in the zoning by-law amendment and through the site plan control process, to the satisfaction of the Chief Planner and Executive Director, City Planning;
e. the owner has submitted an updated complete Toronto Green Standards (TGS) Checklist and Statistics Template;
f. the owner has submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that such matters arising from such study be secured if required;
g. the owner has satisfactorily addressed the Transportation Services matters in the Engineering and Construction Services Memorandum dated January 5, 2022 to the satisfaction of the General Manager, Transportation Services; and,
h. the owner has satisfactorily addressed matters from Engineering and Construction Services as contained in the Engineering and Construction Services Memorandum dated January 5, 2022, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.
“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.