Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 26, 2024

CASE NO(S).: OLT-23-001089

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: KS Denarda Holdings Inc. and KS Denarda Street Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit the development of a 44-storey residential building comprised of a 38-storey tower with a six-storey base including 509 dwelling units

Reference Number: 23 174322 WET 05 OZ

Property Address: 5, 7, 9, 13, 13A and 15 Denarda Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-24-000364

OLT Lead Case No.: OLT-23-001089

OLT Case Name: KS Denarda Holdings Inc. and KS Denarda Street Inc. 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: KS Denarda Holdings Inc. and KS Denarda Street Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the development of a 44-storey residential building comprised of a 38-storey tower with a six-storey base including 509 dwelling units

Reference Number: 23 174322 WET 05 OZ

Property Address: 5, 7, 9, 13, 13A and 15 Denarda Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-24-000365

OLT Lead Case No.: OLT-23-001089

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A

Appellant: KS Denarda Holdings Inc. and KS Denarda Street Inc.

Subject: Site Plan

Description: To permit the development of a 44-storey residential building comprised of a 38-storey tower with a six-storey base including 509 dwelling units

Reference Number: 23 174343 WET 05 SA

Property Address: 5, 7, 9, 13, 13A and 15 Denarda Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-23-001089

OLT Lead Case No.: OLT-23-001089

Heard: June 25, 2024 by video hearing

APPEARANCES:

Parties	Counsel
KS Denarda Holdings Inc. and KS Denarda Street Inc. (KingSett)	Anne Benedetti
City of Toronto	Ray Kallio, Jamie Dexter (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY S. DEBOER ON JUNE 25, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal held a first Case Management Conference (“CMC”) concerning the appeals by KS Denarda Holdings Inc. and KS Denarda Street Inc. (KingSett) (“Appellants”) under s. 22(7) and s. 34(11) of the Planning Act and s. 114(15) of the City of Toronto Act due to the City of Toronto Council decision to not approve the Applications.

2The purpose of the Applications are to redevelop the land assembly properties known as 5, 7, 9, 13, 13A and 15 Denarda Street in the City of Toronto (“Subject Lands”). The original applications would permit the construction of a new 44-storey residential building comprising of a 38-storey tower and a six-storey base podium containing 509 dwelling units with a proposed gross floor area of approximately 34,491 square metres (“m²”).

3The Tribunal marked the Affidavit of Service by Renata Riberio dated May 22, 2024, as Exhibit 1 to the Hearing.

PARTY OR PARTICIPANT REQUESTS

4The Tribunal canvassed the other persons that were attending the hearing if anyone was requesting either Party or Participant status. No persons made such a request. Since there were no further status requests, the Parties requested that the CMC be turned into a settlement hearing. The Tribunal ruled that this was appropriate, and that the Tribunal would now hear the proposed Settlement before it.

5The Parties stated that the Settlement presented is revised from the original application and the Tribunal ruled that the application before it would not require any further Notice to be provided. The Parties requested that the site plan application be adjourned sine die but both Parties agreed that the site plan application could be brought back to the Tribunal if needed at a future date. The Tribunal ruled that this was acceptable and that the site plan application would not be heard at this hearing event.

DESCRIPTION OF SUBJECT LANDS AND SURROUNDING AREA

6The Subject Lands have an area of approximately 1,870 m² and irregular in shape with a frontage of approximately 49.0 metres (“m”) along Denarda Street, and approximately 33.5 m in depth along the north lot line and approximately 40.1 m at the south lot line. The southeast portion of the Subject Lands includes existing outdoor amenity space that serves an existing apartment building to the west.

7The Subject Lands currently exist with six detached residential dwellings that are currently vacant. For reference purposes, the municipal addresses of these vacant dwellings are 5, 7, 9, 13, 13A and 15 Denarda Street. As noted above, these properties are now apart of what is considered to be a land assembly pertaining to these applications.

8The Subject Lands are located within the Mount Dennis neighbourhood. The major street intersections in this area are Eglinton Avenue West and Weston Road, and Eglinton Avenue West and Jane Street.

9The Mount Dennis area is currently receiving an influx of public transit infrastructure including the Mount Dennis Station, which is apart of the new Eglinton Crosstown LRT. The Mount Dennis Station will also provide a new station stop along the UP Express providing rapid transit to both Pearson Airport and to Union Station. The area has a new Go Station stop along the Kitchener Go Rail Line.

10Immediately to the North of the Subject Lands is the land assembly for 2-16 Denarda Street and has a proposed 39-storey residential tower before the Tribunal for approval. Immediately to the east is a 15-storey independent living facility with a daycare facility. Further east is the CNR/CPR rail corridor. Immediately to the south to the adjacent side of Denarda Street, are six detached residential dwellings which is a part of a separate application and land assembly. Further south on Oxford Drive is the recently OLT approved residential tower at 1-9 Oxford Drive. To the immediate west of the Subject Lands is a three-storey triplex at 3 Denarda Street and a two-storey detached dwelling municipally known at 1 Denarda Street. 1 Denarda Street is owned by the same group as the Subject Lands and was initially proposed to be dedicated to the City as public parkland.

APPLICATION HISTORY

11Following pre-application consultations with the City, the original application was submitted on July 20, 2023, and was deemed complete on October 12, 2023. On October 26, 2023, City Staff submitted a Refusal Report to the Etobicoke York Community Council (“EYCC”) with respect to the applications. The EYCC adopted the Report on November 13, 2023. A public community meeting was then held on November 27, 2023, and a supplementary report was then prepared providing the public feedback. On December 13, 2023, City Council accepted and adopted the Refusal Report and the Supplementary Report.

12After the Applications were refused by City Council, the City directed City staff to use ss. 22(8.1) and 34(11.0.01) of the Planning Act to start a mediation process with the Applicant. The City and Applicant participated in private mediation sessions in January 2024 to address the City’s concerns about the applications.

13The mediation sessions resulted in revisions to the applications and the Applicant submitted a new “With Prejudice Settlement Proposal” to the City on May 7, 2024. On May 22, 2024, City Council accepted the Settlement offer as presented.

DAY OF HEARING

14The Appellant, on consent with the City, presented Courtney Heron-Monk to provide expert opinion evidence in the area of land use planning pertaining to the applications before the Tribunal. Ms. Heron-Monk’s Affidavit was marked as Exhibit 2 to the hearing.

Settlement Proposal

15Ms. Heron-Monk took the Tribunal through the revised proposal that is before the Tribunal. The proposal includes the following revisions:

(i) reduction of total storeys from 44 to 43;

(ii) a 3.0 m stepback above the base building facing Denarda Street at floors 5 and 6 without a balcony encroachment;

(iii) a new overall Floor Space Index (“FSI”) of 16.67;

(iv) removal of balconies from the sixth floor facing Denarda Street;

(v) restrictions on the location of projecting balconies facing Denarda Street from floors 7 to 43; and

(vi) four accessible parking spaces were added.

16The overall height of the residential tower is 148.3 m and includes the mechanical penthouse. A summary of the changes between the original proposal and the agreed upon proposal before the Tribunal can be seen below:

Planning Analysis

Provincial Policy Statement 2020 (“PPS”)

17Ms. Heron-Monk gave opinion that the proposed planning instruments are consistent with the PPS, specifically policies 1.1.1, 1.1.3.2, 1.1.3.3, 1.1.3.4, 1.4.3, 1.6.3, 1.6.7.4, 1.7.1, 1.8.1 and 4.6. These policies speak to residential intensification and the efficient use of land and infrastructure. Ms. Huron-Monk opined that the proposed instruments are consistent with the PPS.

Growth Plan for the Greater Golden Horseshoe (2019, as amended) (“GGH”)

18It was Ms. Heron-Monk’s opinion that the planning instruments as proposed conform with the GGH specifically the Guiding Principles of the GGH and the policies which allow for the optimized use of lands and infrastructure. The proposed instruments conform to the policies that encourage intensification in “strategic growth areas” and “major transit station areas”. The location of the Subject Lands is within an area of strategic growth and is near a major transit station. In her opinion, the instruments conform to the GGH.

City of Toronto Official Plan (“COP”)

19It was Ms. Heron-Monk’s opinion that the Subject Lands are currently under utilized and the redesignation from “Neighbourhoods” to “Mixed Use” allow for an appropriate amount of intensification to occur. This redevelopment will allow the Mount Dennis neighbourhood to continue its transition to a transit supportive complete community.

20Ms. Heron-Monk gave opinion that the proposed instruments conform with the COP policy Chapter 2 concerning the growth management strategy of the City. The City’s growth strategy states that the City is forecasted to grow by a minimum of over half a million people by the year 2031. The policies within the COP focus on growth and intensification within Transit Priority Segments of the City. Due to the Subject Lands’ location near the Eglinton Crosstown LRT, as well as their proximity to the Kitchener GO Rail Line, the Subject Lands do meet the requirements for intensification. The Subject Lands are also located near two Transit Priority Roadways, those being Eglinton Avenue West and Weston Road. Ms. Heron-Monk opined that the redesignation as proposed will allow for an appropriate level of intensification to occur in an area that is in need of intensification for the projected growth of the City.

Site and Area Specific Policies 39 and 53 (“SASP 39” and “SASP 53”)

21Ms. Heron-Monk gave opinion that the Subject Lands are within the SASP 39 designated area. SASP 39 allows for low to medium-rise residential buildings to occur subject to “suitable land assembly”. However, since the proposed instruments are more intense and higher than what is allowed in SASP 39, then the new land use designation is necessary. Thus, the new designation of a “Mixed Use Area” would delete the Subject Lands from SASP 39 and allow for the proposed redevelopment. It was Ms. Heron-Monk’s opinion that this redesignation is appropriate to allow for the proposed development to occur.

22Concerning SASP 53, it was Ms. Heron-Monk’s opinion that SASP 53 states that a development concept plan for an entire redevelopment block – or in this particular case, a land assembly – and the proposed land instruments meet the intent of SASP 53 and are appropriate for the Subject Lands.

Official Plan Amendment 571 (“Mount Dennis Secondary Plan”) (“OPA 571”)

23On July 22, 2022, the City adopted OPA 571. However, OPA 571 is not in effect until the instrument has been approved by the OLT. Ms. Heron-Monk opined that the lands adjacent to the north of the Subject Lands are to be changed to the “Mixed Use Areas” designation to support the planned growth to the area. OPA 571 would eliminate SASP 39 which limits development to the “low to medium-rise buildings”. It was Ms. Heron-Monk’s opinion that the redesignation of the Subject Lands has regard for OPA 571 and will conform to OPA 571 when it is approved and becomes in effect.

Draft Site and Area Specific Policy 671 (“SASP 671”)

24The City’s Planning Division initiated SASP 671 in June 20202, which incudes the delineation of approximately 180 potential Major Transit Stations Areas to meet the provincial minimum intensification requirements. Included in SASP 671 are Protected Major Transit Areas” (“PMTSAs”). Mount Dennis is included as one of the PMTSAs. SASP 671 identifies a minimum population and employment target of 160 residents and jobs per hectare and a minimum density of 3.0 FSI. It was Ms. Heron-Monk’s opinion that the proposal takes regard for SASP 671, and the Subject Lands meet these minimum requirements.

City Zoning By-law No. 569-2013, as Amended

25Zoning By-law No. 569-2013, as Amended, is a City-wide By-law. The Subject Lands are currently designated as “Residential Multiple” RM (f12.0; u2; d0.8) which currently permits a building height of 11.0 m and a maximum of three storeys. It was Ms. Heron-Monk’s opinion that redesignating the lands to a “Commercial Multiple” (“CM”) designation will permit the proposed development to occur with site-specific performance standards attached to the designation for the Subject Lands. It was MS. Heron-Monk’s opinion that the proposed Zoning By-law planning instruments will conform to the general intent and purpose of Zoning By-law No. 569-2013.

Tall Building Guidelines

26Ms. Heron-Monk gave opinion that the proposed planning instruments before the Tribunal have due regard for these guidelines specifically the sections regarding site context, site organization, tall building design and pedestrian realm. Other matters that have been taken into consideration with this proposal are the minimum distance separation requirements, minimum setbacks from the property lines and the maximum tower floor plate coverage. Ms. Heron-monk’s opinion was that the proposal does the general intent of the Tall Building Guidelines.

Overall Opinion

27It was Ms. Heron-Monk’s opinion that the proposed planning instruments before the Tribunal are consistent with the PPS. The draft planning instruments conform to the GGH and the COP. The proposed instruments have appropriate regard for OPA 571, have regard to the SASP 671 and the City’s Tall Building Guidelines. The change in land designation is appropriate and desirable to permit an intensification to an underutilized area. The proposed intensification will be appropriate given the Subject Land’s location to a PMTSA. The proposed height of 39 storeys will provide a built form to transition to higher developments that are proposed in the area that have been previously approved around the Mount Dennis PMTSA. For the reasons stated above, it was Ms. Heron-Monk’s opinion that the proposed instruments before the Tribunal represent good planning and urban design, and should be approved in principle with following conditions attached:

1. The final form and content of the Official Plan and Zoning By-law amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

2. The Owner has submitted an acceptable Functional Servicing Report, Stormwater Management Report, Hydrogeological Report and associated plans to the City for review and acceptance, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

a) Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Stormwater Management Report, a Holding Provision be included in the final form of the site-specific Zoning By-law Amendments, as the case may be, not to be lifted until such time as the Owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or in the alternative, prior to the issuance of a final order, the Owner has entered into an agreement or agreements or otherwise secured for the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing and Stormwater Management Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

3. The Owner has submitted revised drawings showing compliance with the parking space and drive aisle dimensional requirements of s. 200.5.1.10(2) of Zoning By-law No. 569-2013, to the satisfaction of the General Manager, Transportation Services;

4. The Chief Planner and Executive Director, City Planning, has approved the Rental Housing Demolition applications (23 177010 WET 05 RH and 23 177051 WET 05 RH) under Chapter 667 Residential Rental Property Demolition and Conversion Control of the Toronto Municipal Code pursuant to s. 111 of the City of Toronto Act, 2006, which allows for the demolition of the existing rental units on the sites, 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;

5. The Owner has provided an updated Pedestrian Level Wind Study, including Wind Tunnel testing, to the satisfaction of the Chief Planner and Executive Director, City Planning;

6. The drawings submitted by the Owner illustrate that the proposed development will meet the Toronto Green Standard Tier 1 requirements to the satisfaction of the Chief Planner and Executive Director, City Planning, with appropriate variations to address the matters agreed to between the Parties as illustrated in the drawings submitted with the Owners letter to the City dated May 7, 2024;

7. The Owner has addressed all outstanding issues raised by Metrolinx noted in correspondence dated September 1, 2023, including the need for a technical review, and has made required revisions to the satisfaction of the Manager, Technical Review, Metrolinx;

8. The Owner has submitted a revised Energy Strategy Report to the satisfaction of the Environment and Energy Division;

9. The submitted Noise and Vibration Impact Study, Rail Safety Report, and Compatibility/Migration Study have been peer-reviewed by a third-party consultant retained by the City at the Owner’s expense, to the satisfaction of the Chief Planner and Executive Director, City Planning, as part of the Zoning By law Amendment application;

10. The Owner agrees to submit an Application to Injure or Remove Trees and to obtain a permit in accordance with the requirements outlined in Toronto Municipal Code Chapter 813, Article II, prior to Site Plan Approval; and

11. The Owner has entered into a Limiting Distance Agreement or other form of legal agreement satisfactory to the City Solicitor confirming that 1 Denarda will not be developed for a tall building without the consent of the Chief Planner and Executive Director, City Planning and that agreement has been registered on title to 1 Denarda if required.

ANALYSIS AND FINDINGS

28The Tribunal accepts the uncontroverted expert opinion evidence and testimony in support of the Settlement provided by Ms. Heron-Monk.

29The Tribunal finds that the proposal development is in a from that will allow for the proper redevelopment of the Subject Lands. The proposal will be an efficient use of the Subject Lands while ensuring compatibility with the surrounding neighbourhood. The proposal will help support the achievement of the PPS and GGH policy directions that promote intensification within a built-up area.

30The proposed instruments will allow for a built form and intensification that conforms to the COP and allows for an appropriate intensification to occur near a PMTSA.

31The Tribunal is satisfied that the proposal before it is consistent with the PPS, conforms to the GGH and conforms to the COP. The Tribunal finds that the proposal before it conforms to the general intent and purpose of the City’s Zoning By-law No. 569-2013, as amended.

32The Tribunal finds that the proposed land planning instruments before the Tribunal meet the objectives, principles and vision of the City’s OP and has due regard for the City’s Tall building Guidelines.

33The Tribunal finds that the proposal represents good land use planning and should be approved in the form as presented with the recommended conditions stated above.

INTERIM ORDER

34THE TRIBUNAL ORDERS THAT the appeal is allowed, in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph [36] below, and the City of Toronto Official Plan Amendment set out in Attachment 1 to this Interim Order, is hereby approved in principle.

35THE TRIBUNAL ORDERS THAT the appeal is allowed, in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph [36] below, and the City of Toronto Zoning By-law Amendment set out in Attachment 2 to this Interim Order, is hereby approved in principle.

36The Tribunal will withhold the issuance of its Final Order contingent upon confirmation of the City Solicitor, of the following pre-requisite matters:

1. The final form and content of the Official Plan and Zoning By-law amendments are satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

2. The Owner has submitted an acceptable Functional Servicing Report, Stormwater Management Report, Hydrogeological Report and associated plans to the City for review and acceptance, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

a) Should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing and Stormwater Management Report, a Holding Provision be included in the final form of the site-specific Zoning By-law Amendments, as the case may be, not to be lifted until such time as the Owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure and the provision of financial securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or in the alternative, prior to the issuance of a final order, the Owner has entered into an agreement or agreements or otherwise secured for the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure should it be determined that improvements or upgrades are required to support the development as may be identified in the accepted Functional Servicing and Stormwater Management Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

3. The Owner has submitted revised drawings showing compliance with the parking space and drive aisle dimensional requirements of s. 200.5.1.10(2) of Zoning By-law No. 569-2013, to the satisfaction of the General Manager, Transportation Services;

4. The Chief Planner and Executive Director, City Planning, has approved the Rental Housing Demolition applications (23 177010 WET 05 RH and 23 177051 WET 05 RH) under Chapter 667 Residential Rental Property Demolition and Conversion Control of the Toronto Municipal Code pursuant to s. 111 of the City of Toronto Act, 2006, which allows for the demolition of the existing rental units on the sites, 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;

5. The Owner has provided an updated Pedestrian Level Wind Study, including Wind Tunnel testing, to the satisfaction of the Chief Planner and Executive Director, City Planning;

6. The drawings submitted by the Owner illustrate that the proposed development will meet the Toronto Green Standard Tier 1 requirements to the satisfaction of the Chief Planner and Executive Director, City Planning, with appropriate variations to address the matters agreed to between the Parties as illustrated in the drawings submitted with the Owners letter to the City dated May 7, 2024;

7. The Owner has addressed all outstanding issues raised by Metrolinx noted in correspondence dated September 1, 2023, including the need for a technical review, and has made required revisions to the satisfaction of the Manager, Technical Review, Metrolinx;

8. The Owner has submitted a revised Energy Strategy Report to the satisfaction of the Environment and Energy Division;

9. The submitted Noise and Vibration Impact Study, Rail Safety Report, and Compatibility/Migration Study have been peer-reviewed by a third-party consultant retained by the City at the Owner’s expense, to the satisfaction of the Chief Planner and Executive Director, City Planning, as part of the Zoning By law Amendment application;

10. The Owner agrees to submit an Application to Injure or Remove Trees and to obtain a permit in accordance with the requirements outlined in Toronto Municipal Code Chapter 813, Article II, prior to Site Plan Approval; and

11. The Owner has entered into a Limiting Distance Agreement or other form of legal agreement satisfactory to the City Solicitor confirming that 1 Denarda will not be developed for a tall building without the consent of the Chief Planner and Executive Director, City Planning and that agreement has been registered on title to 1 Denarda if required.

37The Member will remain seized for the purposes of reviewing and approving the final draft of the Zoning By-Law Amendment and the issuance of the Final Order.

38If the Parties do not submit the final drafts of the Zoning By-law Amendment, and provide confirmation that all other contingent pre-requisites to the issuance of the Final Order set out in paragraph ** above have been satisfied, and do not request the issuance of the Final Order, by Friday, February 28, 2025, the Applicant 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 Zoning By-law Amendment and issuance of the Final Order by the Tribunal.

39The 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 instrument(s), the satisfaction of the contingent pre-requisites and the issuance of the Final Order.

“S. deBoer”

S. deBOER

MEMBER

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

CITY OF TORONTO BY-LAW No. XXXX 2024

To adopt Amendment No. XXX to the Official Plan of the City of Toronto respecting the lands municipally known in the year 2023 as 5-15 Denarda Street.

Whereas the Ontario Land Tribunal, by its Decision issued on [date] and its Order issued on [date], in respect of Tribunal File [-], upon hearing an appeal under the Planning Act, R.S.O. 1990, c. P.13, as amended, to pass this By-law; and

The Official Plan of the City of Toronto, as amended, is further amended by the Ontario Land Tribunal as follows:

1. The attached Amendment No. XXX to the Official Plan is hereby adopted pursuant to the Planning Act, as amended.

Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal File [-]

AMENDMENT NO. XXX TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2023 AS 5-15 DENARDA STREET

The Official Plan of the City of Toronto is amended as follows:

1. Map 14, Land Use Plan, is amended by redesignating the lands known as 5-15 Denarda Street from ‘Neighbourhoods’ to ‘Mixed Use Areas’, as shown on the attached Schedule A.

2. Chapter 7, Site and Area Specific Policies, is amended by removing the lands known as 5-15 Denarda Street from SASP No. 39, as shown on Schedule B.

ATTACHMENT 2