Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 08, 2025
CASE NO(S).: OLT-23-000315
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Applicant and Appellant: 8 De Grassi Street Development Inc.
Subject: Site Plan
Description: To permit a 6-storey mixed-use building, including 1 commercial unit on the ground floor and 15 residential
Reference Number: 17 279888 STE 30 SA
Property Address: 8 De Grassi Street
Municipality/UT: City of Toronto
OLT Case No.: OLT-23-000315
OLT Lead Case No.: OLT-23-000315
OLT Case Name: 8 De Grassi Street Development Inc. v. Toronto (City)
Heard: November 20, 2024, by video hearing
APPEARANCES:
Parties
Counsel
8 De Grassi Street Development Inc.
Michael Foderick Jamie Cole
City of Toronto
Adam Ward Ray Kallio (in absentia)
DECISION DELIVERED BY F. LAVOIE AND INTERIM ORDER OF THE TRIBUNAL
Link to the Order
INTRODUCTION
1This Decision and Order arise from a settlement hearing regarding an appeal filed by 8 De Grassi Street Development Inc. (the “Appellant”) pursuant to subsection 114(15) of the City of Toronto Act, SO 2006, c 11, Sch A, (the “Act”) in respect of the failure by the City of Toronto (the “City”) to approve the Appellant’s Site Plan Application (the “Application”). The Application seeks to permit the development of a six-storey mixed-use building at the property municipally known as 8 De Grassi Street, in the City (“Subject Site”).
2The Appellant and the City reached a proposed settlement which they now seek to have approved by the Tribunal. They request the appeal be allowed and the Site Plan be approved in principle, with the Final Order withheld until the Appellant has satisfied all pre-approval conditions of the Notice of Approval Conditions, to the satisfaction of the City Solicitor.
BACKGROUND
3The proposed development was also subject of a Minor Variance appeal, OLT-23-000401. The Tribunal, differently constituted, allowed the appeal in part on April 4, 2024.
NOTICE
4The Tribunal issued its Notice of Hearing on October 18, 2024.
THE SITE PLAN APPLICATION
5The Tribunal received from the Appellant an outline of evidence of Mike Dror, dated November 19, 2024. Mr. Dror is a Registered Professional Planner retained by the Appellant, whom the Tribunal qualifies to provide expert opinion evidence in land use planning. The following findings of the Tribunal are based on Mr. Dror’s uncontroverted evidence, which the Tribunal accepts.
6The Subject Site is a currently vacant lot used as a community garden, on the west side of De Grassi Street, approximately 30 metres (“m”) north of Queen Street East. It has a frontage of approximately 14 m on De Grassi Street, and an approximate area of 219 metres squared (“m2”). Further north along De Grassi Street, the surrounding properties are generally two-storey rowhouse residences.
7Pursuant to subsection 114(5) of the Act, a person undertaking development in a site-plan control area requires the approval of the Tribunal of the following plans and drawings:
Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (11) (a), including facilities designed to have regard for accessibility for persons with disabilities.
Drawings showing plan, elevation and cross-section views for each building to be erected, except a building to be used for residential purposes containing fewer than 25 dwelling units, which drawings are sufficient to display,
i. the massing and conceptual design of the proposed building,
ii. the relationship of the proposed building to adjacent buildings, streets, and exterior areas to which members of the public have access,
iii. the provision of interior walkways, stairs, elevators and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings,
iv. matters relating to building construction required under a by-law referred to in section 108 or 108.1,
v. the sustainable design elements on any adjoining highway under the City’s jurisdiction, including without limitation trees, shrubs, hedges, plantings or other ground cover, permeable paving materials, street furniture, curb ramps, waste and recycling containers and bicycle parking facilities, if an official plan and a by-law passed under subsection (2) that both contain provisions relating to such matters are in effect in the City, and
vi. facilities designed to have regard for accessibility for persons with disabilities.
8The facilities and works referred to in subparagraph 114(5)1 of the Act are detailed in subsection 114(11) of the Act, set out below:
Conditions to approval of plans
(11) As a condition to the approval of the plans and drawings referred to in subsection (5), the City may require the owner of the land to,
(a) provide to the satisfaction of and at no expense to the City any or all of the following:
(i) subject to subsection (12), widenings of highways that abut on the land,
(ii) facilities to provide access to and from the land such as access ramps and curbings and traffic direction signs,
(iii) off-street vehicular loading and parking facilities, either covered or uncovered, access driveways, including driveways for emergency vehicles, and the surfacing of such areas and driveways,
(iv) walkways and walkway ramps, including the surfacing thereof, and all other means of pedestrian access,
(iv.1) facilities designed to have regard for accessibility for persons with disabilities;
(v) facilities for the lighting, including floodlighting, of the land or of any buildings or structures thereon,
(vi) walls, fences, hedges, trees, shrubs or other groundcover or facilities for the landscaping of the lands or the protection of adjoining lands,
(vii) vaults, central storage and collection areas and other facilities and enclosures for the storage of garbage and other waste material,
(viii) easements conveyed to the City for the construction, maintenance or improvement of watercourses, ditches, land drainage works, sanitary sewage facilities and other public utilities of the City on the land,
(ix) grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the land and from any buildings or structures thereon;
(b) maintain to the satisfaction of the City and at the sole risk and expense of the owner any or all of the facilities or works mentioned in subclauses (a) (ii) to (ix), including the removal of snow from access ramps and driveways, parking and loading areas and walkways;
(c) enter into one or more agreements with the City dealing with and ensuring the provision of any or all of the facilities, works or matters mentioned in clause (a) or (e) and the maintenance thereof as mentioned in clause (b) or with the provision and approval of the plans and drawings referred to in subsection (5);
(d) enter into one or more agreements with the City ensuring that development proceeds in accordance with the plans and drawings approved under subsection (5);
(e) subject to subsection (13), convey part of the land to the City to the satisfaction of and at no expense to the City for a public transit right of way.
9Mr. Dror testified that, in his opinion, subsection 114(5) of the Act requirements are met as follows:
a. The Site Plan shows the location of the building and all facilities, structures and works;
b. The Site Plan and building elevations show the building and cross-section views, the massing and conceptual design of the proposed building, and its relationship to adjacent buildings, streets and exterior public areas;
c. The Site Plan illustrates that interior walkways are connected to the public lane or De Grassi Street;
d. The Site Plan and building elevations illustrates the exterior appearance of the proposed building;
e. The Landscape Plan illustrates sustainable design elements on the adjoining street (De Grassi Street) including paving materials and street trees; and
f. The Site Plan has regard for accessibility for persons with disabilities, identifying common areas and rooms within some of the proposed units.
10Further, Mr. Dror opined that the proposed Conditions of Site Plan Approval appropriately address the matters in subsection 114(11) of the Act as follows:
a. The widening of the public lane to the north by 1.06 m;
b. The provision of facilities to provide access to and from the land including road improvements, driveways, and access ramps, access ramps, curb and traffic direction signs;
c. The proposed barrier-free parking space within the ground floor at the rear of the building;
d. The provision of a 2.1 m walkway/pedestrian clearway and connection to existing sidewalks;
e. Various landscaping elements and related cost estimates;
f. The central storage of garbage and other waste material, and for a collection area designed to the City standards;
g. Building maintenance over time; and
h. Approval requires the Appellant to enter into a site plan agreement.
11With regards to the consistency with the Provincial Planning Statement, 2024, (“PPS 2024”) which came into effect on October 20, 2024, Mr. Dror testified that:
a. This development is consistent with policies relating to residential intensification in strategic growth areas, major transit station areas, and the efficient use of land and infrastructure;
b. In particular, the Subject Site is 30 m north existing transit service, and across the street from the future Riverside-Leslieville Subway Station on the Ontario Line; and
c. The built-form of the development is compatible with the existing context consisting of low-rise buildings to the north, and the existing and planned context to the west and southwest within the rest of the block.
12Two of the conditions in the Notice of Approval Conditions, paragraph 32 of the pre-clearance conditions and paragraph 9 of the post-clearance conditions, contained highlighted sections which were missing information. The Tribunal directed the Parties to provide the necessary corrections, on consent, and received these corrections following the hearing.
13On the uncontroverted evidence of Mr. Dror, the Tribunal finds that the Application and proposed Conditions of Site Plan Approval appropriately implement the development, satisfy the legislative tests in subsections 114(5) and 114(11) of the Act, and are consistent with the PPS 2024.
14Following this Hearing, the Tribunal was advised of correspondence and documents submitted on November 20, 2024, by Nada Raza, one of seven persons granted Participant status at the Minor Variance Appeal hearing heard on November 17, 2023. Ms. Raza did not attend the Hearing for the Site Plan Appeal or request Participant status and was therefore not granted Participant status for the Site Plan Appeal. This, despite having been provided notice of the Site Plan Appeal Hearing by way of email on October 18, 2024. On that basis alone, the Tribunal is of the view it should not consider documents provided by persons who do not have the right to submit documents in this Appeal. Even if this Tribunal is wrong with respect to whether it should consider the aforementioned documents, the Tribunal notes these documents address the minor variance appeal, which has already been determined by this Tribunal, differently constituted. The Tribunal encourages persons who wish to make written submissions in future hearings to attend the hearings and seek Participant status.
INTERIM ORDER
15THE TRIBUNAL ORDERS THAT the site plan prepared by Brander Architects dated November 13, 2024, is approved in principle, with the Final Order withheld until the City solicitor has advised the Tribunal that the conditions set out in Attachment 1 to this Order have been satisfied. Paragraph 32 of pre-clearance conditions and paragraph 9 of the post-clearance conditions in Attachment 1 are replaced with the following conditions, respectively:
a. 32. The owner shall submit financial security to the satisfaction of the Director, Community Planning, Toronto & East York District in the form of a Letter of Credit or certified cheque, to guarantee the provision of landscape development works as detailed on the approved Landscape Plans.
b. 9. With respect to any proposed boulevard improvements, including any non-standard soil cells, planters, street furniture, retaining walls, and/or concrete pavers, as shown on Landscape Plans submitted to the satisfaction of the General Manager of Transportation Services.
16This Member is seized and may be spoken to if the parties have any difficulty in implementing this Order.
“F. Lavoie”
F. LAVOIE
MEMBER
Ontario Land Tribunal
Website: www.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