Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 05, 2024
CASE NO.: OLT-23-000252
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Applicant/Appellant: 2941 Eglinton East Limited Partnership
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To facilitate the development of a 44 - storey mixed-use building
Reference Number: 22 202882 ESC 20 OZ
Property Address: 2939 - 2941 Eglinton Avenue E
Municipality: City of Toronto
OLT Case No.: OLT-23-000252
OLT Lead Case No.: OLT-23-000252
OLT Case Name: 2941 Eglinton East Limited Partnership v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Applicant/Appellant: 2941 Eglinton East Limited Partnership
Subject: Site Plan Control Application
Description: To facilitate the development of a 44 - storey mixed-use building
Reference Number: 22 202881 ESC 20 SA
Property Address: 2939 - 2941 Eglinton Avenue E
Municipality: City of Toronto
OLT Case No.: OLT-23-000253
OLT Lead Case No.: OLT-23-000252
BEFORE: S. DIXON Friday, the 8th day MEMBER of August, 2024
THIS MATTER having come before the Tribunal by way of Written Hearing;
AND THE TRIBUNAL having been advised by all Parties to this matter that the Parties have agreed upon a revised development proposal (“Revised Proposal”) for the lands known municipally as 2939 and 2941 Eglinton Avenue East in the City of Toronto (“Subject Lands”);
AND THE TRIBUNAL being further advised that the Revised Proposal was considered and endorsed by City of Toronto (“City”) Council at its meeting on May 22, 2024;
AND THE TRIBUNAL being in receipt of and having reviewed and considered the uncontested opinion evidence contained in the affidavit of David McKay, sworn on June 26, 2024;
AND THE TRIBUNAL hereby recognising Mr. McKay, a Registered Professional Planner having 27 years of professional land use planning experience and having been previously qualified by the Tribunal as an expert in land use planning on several occasions, as once again being qualified to provide the Tribunal with expert opinion evidence in the area of land use planning;
AND THE TRIBUNAL recognising that Exhibit “N” to the affidavit of Mr. McKay reflects a draft Zoning By-law Amendment (“Draft ZBA”) that, in principle, will provide for the implementation of the Revised Proposal, setting out such matters including but not limited to, height, density, setbacks, and step-backs;
AND WHEREAS Mr. McKay’s affidavit confirms for the Tribunal that the Revised Proposal:
Has appropriate regard for the matters of provincial interest as set out in s. 2 of the Planning Act, R.S.O. 1990, c. P.13, as amended;
Is consistent with the Provincial Policy Statement, 2020;
Conforms to the Growth Plan for the Greater Golden Horseshoe, 2019, as amended;
Conforms to the City Official Plan;
Has appropriate regard to applicable City guidelines;
Represents good planning; and
Is in the public interest;
THE TRIBUNAL ORDERS that the appeal by 2941 Eglinton East Limited Partnership (“Appellant”) pursuant to s. 34(11) of the Planning Act is allowed, in part.
THE TRIBUNAL ORDERS that the Draft ZBA attached hereto as Attachment 1 is approved, in principle, contingent upon satisfaction of the following pre-requisite matters:
a. The Draft ZBA contained in Attachment 1 hereto is to be revised to be generally in accordance with the plans and drawings prepared by Kirkor Architects, dated March 7, 2024 (attached hereto as Attachment 2), in a form and content satisfactory to the City (“Final ZBA”);
b. The Appellant has, at its sole cost and expense:
i. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;
ii. secured the design and provided financial securities in respect of any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;
iii. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Interim Chief Planner and Executive Director, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required;
iv. submitted a revised Transportation Impact Study or addendum, acceptable to, and to the satisfaction of, the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services, and that such matters arising from such study, be secured if required; and
v. submitted a revised Arborist Report or addendum and Tree Protection Plan acceptable and satisfactory to the General Manager, Parks, Forestry and Recreation.
THE TRIBUNAL ORDERS that an Order approving the Final ZBA will be withheld until such time as the City confirms for the Tribunal that all pre-requisite matters listed above have been satisfied.
THE TRIBUNAL ORDERS that, should the City not submit the Final ZBA and provide confirmation to the Tribunal that all contingent pre-requisites to the issuance of an Order approving same have been satisfied within six months of the date of the issuance of this Interim Order, the City shall provide a written status update to the Tribunal by that date.
THE TRIBUNAL ORDERS that the Appellant’s appeal pursuant to s. 114(15) of the City of Toronto Act, being Tribunal Case No. OLT-23-000253, is adjourned sine die.
The Tribunal may be spoken to concerning any issues arising from the implementation of this Interim 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
ATTACHMENT 1
Draft Zoning By-law Amendment to
City of Toronto Zoning By-law No. 569-2013
ATTACHMENT 2