Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 1, 2024
CASE NO.: OLT-22-004193
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Broccolini HLS Limited Partnership Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Purpose: To permit 48-storey and 59-storey mixed use buildings Property Address: 47-65 Huntley Street, 1-11 Selby Street and 2-18, 24 and 26 Linden Street Municipality: City of Toronto Municipal File No.: 21 227527 STE 13 OZ OLT Case No.: OLT-22-004193 OLT Lead Case No.: OLT-22-004193 OLT Case Name: Broccolini HLS Limited Partnership 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: Broccolini HLS Limited Partnership Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Purpose: To permit 48-storey and 59-storey mixed use buildings Property Address: 47-65 Huntley Street, 1-11 Selby Street and 2-18, 24 and 26 Linden Street Municipality: City of Toronto Municipal File No.: 21 227527 STE 13 OZ OLT Case No.: OLT-22-004194 OLT Lead Case No.: OLT-22-004193
BEFORE: C. I. MOLINARI MEMBER Tuesday, the 30th day of April, 2024
THIS MATTER, in respect of the lands at 47-65 Huntley Street, 1-11 Selby Street and 2-18, 24 and 26 Linden Street (“Lands”) in the City of Toronto (“City”), having come before the Ontario Land Tribunal (“Tribunal”) for a public hearing on February 6, 2023 and the Tribunal having issued a Decision on April 18, 2023;
AND THE TRIBUNAL having been advised by the Parties on January 21, 2024 that a full, uncontested settlement had been reached on consent (“Settlement Proposal”);
AND 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 should be allowed, in part, and that the proposed redevelopment of the lands should be approved, in principle, in accordance with the instruments attached as Exhibits C and D to the Affidavit of Peter Smith sworn on March 21, 2024 and filed with the Tribunal;
AND THE TRIBUNAL accepts the uncontroverted testimony and evidence of Mr. Smith and finds that the Settlement Proposal will fit harmoniously with the existing and planned built form context and will enhance the area by providing a range of housing types through the intensification of an underutilized site which is well-served with municipal infrastructure and higher-order transit.
AND THE TRIBUNAL is satisfied that, in consideration of the evidence of Mr. Smith and the revisions resulting in the Settlement Proposal, 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 Policy Statement, 2020, and conform with the policies of the Growth Plan for the Greater Golden Horseshoe (2019, as amended), the City of Toronto Official Plan and the Downtown Secondary Plan. The Tribunal finds that the Official Plan Amendment and Zoning By-law Amendment are appropriate, represent good land use planning and are in the public interest.
NOW THEREFORE
THE TRIBUNAL ORDERS THAT:
The Appeals are allowed, in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those prerequisites matters identified at paragraph 2 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 of the Official Plan Amendment and the Zoning By-law Amendment are finalized, satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;
b. the Owner has secured replacement of the existing rental housing, including the same number of units, bedroom type and size, with similar rents, to the satisfaction of the Chief Planner and Executive Director, City Planning;
c. the Owner has secured an acceptable Tenant Relocation and Assistance Plan addressing the right for existing and former 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 mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning;
d. City Council has approved the Rental Housing Demolition Application 21 238874 STE 13 RH under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental dwelling units 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;
e. the Owner has entered into a Heritage Easement Agreement with the City for the properties at 47, 49, 51, 53, 55, 57, 59, 63, 65 Huntley Street; 1, 3, 7, 9, 11 Selby Street and 16, 18 Linden Street substantially in accordance with the plans and drawings dated October 24, 2023, prepared by IBI group Architects and the Heritage Impact Assessment dated November 14, 2023 prepared by ERA Architects Inc., subject to and in accordance with the Conservation Plan required in f. below, to the satisfaction of the Senior Manager, Heritage Planning, including execution of such agreement to the satisfaction of the City Solicitor;
f. the Owner has provided a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment for 47, 49, 51, 53, 55, 57, 59, 63, 65 Huntley Street; 1, 3, 7, 9, 11 Selby Street and 16, 18 Linden Street dated August 16, 2023 prepared by ERA Architects Inc., to the satisfaction of the Senior Manager, Heritage Planning;
g. 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;
h. the Owner has entered into an agreement to purchase the northern portion of the City-owned public lane as shown on the Revised Plans ( “Northern Lane”), conditional upon City Council approving the permanent closure of the Northern Lane, and subject to the necessary approvals being granted by the appropriate City authorities to declare the Northern Lane surplus and authorize the sale of the Northern Lane to the Owner, all to the satisfaction of the City Solicitor and the Director, Real Estate Services, recognizing that the Northern Lane will be included as part of the Privately Owned Publicly Accessible Open Space and subject to an easement for public access, with the southern portion of the City-owned public lane as shown on the Revised Plans to be retained by the City to form part of the public park;
i. the Owner has entered into an agreement pursuant to subsection 37.7(7.1) of the Planning Act to address the provision of the Child Care Facility as an in-kind contribution, to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Children’s Services, and the City Solicitor, with such agreement to be registered on title to the Lands, which agreement shall be evidence of arrangements for the provision of the in-kind contribution that are satisfactory to City Council; and,
j. the Owner has provided confirmation of water, sanitary and stormwater, and traffic capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the Zoning By-law Amendment.
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 draft 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, June 28, 2024, the Owner 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, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadline for the submission of the final form of the draft Official Plan Amendment and Zoning By-law Amendment, the satisfaction of the contingent pre-requisites and the issuance of the Final 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.