Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 24, 2025

CASE NO(S).: OLT-24-000005

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

Applicant and Appellant: Greenline Renovations Plus Ltd.

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

Description: To permit development of two midrise mixed-use buildings with 10 and 12 storeys in height, 263 residential units and 2,256 square metres of commercial space

Reference Number: 22 123884 WET 05 OZ

Property Address: 65 – 81 McCormack Street

Municipality: City of Toronto

OLT Case No.: OLT-24-000005

OLT Lead Case No.: OLT-24-000005

OLT Case Name: Greenline Renovations Plus Ltd. 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: Greenline Renovations Plus Ltd.

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

Reference Number: 22 123884 WET 05 OZ

Property Address: 65 – 81 McCormack Street

Municipality: City of Toronto

OLT Case No.: OLT-24-000006

OLT Lead Case No.: OLT-24-000005

Heard: November 26, 2025 by video hearing

APPEARANCES:

Parties

Counsel

Greenline Renovations Plus Ltd. ("Applicant/Appellant")

Jamie Cole Michael Foderick

City of Toronto ("City")

Cameron McKeich Adrienne deBacker (in absentia)

Toronto and Region Conservation Authority (added Party/"TRCA")

Matthew Rutledge Tim Duncan (in absentia)

DECISION DELIVERED BY T.F. NG ON AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1The matter before the Tribunal was a hearing to consider a settlement proposal ("Proposal") of the Appellant’s appeals of an Official Plan Amendment ("OPA"), and a Zoning By-law Amendment ("ZBA") of the City of Toronto Zoning By-law No. 569-2013 ("ZBL") (referred to as the "Applications").

2The purpose of the Applications was to facilitate the development of two midrise mixed-use buildings of 10 and 12 storeys in height with 263 residential units and 2,256 square metres ("sq m") of commercial space on lands municipally known as 65 – 81 McCormack Street ("Subject Lands/Subject Site") in the City of Toronto ("City").

3Michael Bissett, a Registered Professional Planner, swore an Affidavit on November 20, 2025, on behalf of the Appellant in support of the Settlement on consent. The Affidavit was marked as Exhibit 1.

4The Tribunal, having reviewed the Proposal by consent of Parties, the documents and the uncontested testimony of Mr. Bissett, allows the appeals in part, on an interim basis, for the reasons set out below.

PLANNING EVIDENCE

5Mr. Bissett described the background to the OPA, ZBA, and the settlement proposal to the Tribunal. He reviewed the legislative and policy framework in support of the proposed applications and revisions leading to the Proposal.

6The relevant policy framework includes the Provincial Planning Statement 2024 ("PPS"), the City’s Official Plan ("OP") and Official Plan Amendment 591 ("OPA 591"). He opined that the Proposal, the OPA and ZBA represent good land use planning and recommended approval of the OPA and ZBA in principle subject to conditions.

AREA CONTEXT

7The Subject Lands are located within the Rockcliffe-Smythe neighbourhood in the City, which has a history of both light and heavy industrial uses. The surrounding context varies significantly and is undergoing an evolution coinciding with the planning and implementation of the Keele-St. Clair Secondary Plan and the planned St. Clair West-Old Weston Station, to be located north of St. Clair West Avenue and west of Old Weston Road.

8The current context of McCormack Street is characterized by stable, low-rise residential dwellings, a park and an elementary school on the north side, with the south side of McCormack Street with the auto wrecking uses along the street.

9North of the Subject Site is a row of low-rise 1-2 storey residential detached dwellings which front onto the north side of McCormack Street.

10Further north is a low-rise residential neighbourhood comprising single and semi- detached residential dwellings.

11Further to the northwest of the Subject Site are several mid-rise apartment buildings. The residential area is generally bounded by Weston Road to the northeast, Humber Boulevard/Black Creek to the north and Hilldale Road to the west.

12East of the Subject Site are several small-scale commercial and place of worship properties, with varying lot sizes and depths. Of note, the properties at 43-51 McCormack Street are included within SASP 437, and therefore have residential permissions.

13Further east, where McCormack Street intersects with Weston Road, is a mix of residential and commercial uses.

14South of the Subject Site is the Lavender Creek Linear Park that contains a walking trail known as the Lavender Creek trail, and a slope erosion hazard. The linear park is a part of the provincially-owned Crosstown West hydro corridor. It is approximately 90 metres ("m") wide and contains a large stand of matures trees that run along the southern edge of the greenspace. The trail is a key east- west pedestrian connection that feeds into additional parks and open spaces to the west such as Gaffney Park and Black Creek Park West.

15West of the Subject Site, along the south side of McCormack Street, are several light industrial uses including auto wreckers, a skincare manufacturer, a custom cabinetry and countertop manufacturer, a dairy production factory, an event venue, an Islamic centre and school, and café. These lands, spanning west towards the intersection of Spears Street and Hillborn Avenue, are included within Site and Area Specific Policy 437 ("SASP 437") and therefore have residential permissions. Further to the west of these uses is a pocket of low-rise residential homes, which extend north into the Harwood neighbourhood.

16The Subject Site is within walking distance of existing surface public transit services. The Subject Site is also located approximately 600 m northwest of the planned St. Clair-Old Weston Station.

THE REVISED PROPOSAL

17The Proposal is for two mixed-use buildings, including a 14 storey (43.73 metres inclusive of mechanical penthouse) building situated on the westerly portion of the Site ("Building A"), and 17 storey building (53.78 metres inclusive of mechanical penthouse) situated on the easterly portion of the Site ("Building B").

18Consistent with the Minutes of Settlement reached with the TRCA, the Proposal accommodates a Long-term Stable Top of Slope ("LTSTOS") and related 10.0 m buffer along the southerly portion of the Site, resulting in a net site area of 5,316.6 sq m .

19The Proposal provides a total Gross Floor Area ("GFA") of 29,796.4 sq m, comprising 29,335 sq m of residential GFA and 440.6 sq m of non-residential GFA, resulting in a density of 4.6 FSI. The 440.6 sq m of non-residential GFA is situated along the McCormack Street frontage, to support active uses at-grade with direct pedestrian entrances from the McCormack Street sidewalk.

20The Proposal removes the 9% parkland dedication that formed part of the Original Proposal because of comments received from City Staff, with cash-in-lieu of parkland now being proposed. In this respect, the area previously accommodating the parkland is now generally allocated towards residential outdoor amenity space, in addition to 54.1 sq m of Privately Owned Publicly Accessible Space ("POPS") within the northwest corner of the Site with frontage on McCormack Street. The intent of the POPS is to provide public view over the Lavender Creek corridor, in alignment with SASP 437. The exact size and configuration of the POPS will be finalized as part of the Site Plan Approval process.

21In addition, as part of the Proposal, other items were identified to be addressed through the Site Plan Approval process.

22With respect to housing, the Proposal provides a total of 370 dwelling units, including 1 studio unit (0.2%), 189 one-bedroom units (51.1%), 142 two- bedroom units (38.4%) and 38 three-bedroom units (10.3%). The final unit count and unit mix, which is to be finalized at detailed design, will meet or exceed the unit mix recommendations of the Growing Up Guidelines. Furthermore, 11 of the 370 dwelling units are located on the ground floor, to be accessed from the exterior of the building(s) and will have a minimum floor-to-ceiling heights of 4.5 m, and zoning permissions for additional non-residential uses.

23With respect to amenity space, the Proposal includes a total of 1,531.7 sq m of amenity space, consisting of 770.5 sq m of indoor amenity space and 761.2 sq m of outdoor amenity space, representing a ratio of 4.1 sq m per unit and exceeding the requirements set out in the City-wide Zoning By-law 569-2013. The amenity spaces will be located within Levels 1 and 2 of the buildings.

24With respect to building massing, the Proposal incorporates several revisions.

25A draft OPA and ZBA implementing the Proposal were provided. City Staff have not yet had an opportunity to provide detailed comments on the instruments. Accordingly, the drafts are subject to change before the parties request a Final Order from the Tribunal.

26The Tribunal accepts and agrees with the uncontradicted testimony of Mr. Bissett and his land use planning opinion.

ANALYSIS/FINDINGS

27The Tribunal finds that the Proposal has proper regard for the matters of Provincial interest as set out in section 2 of the Planning Act (the "Act"). In particular, sections: 2(a) on the protection of ecological systems, including natural areas, features and functions, 2(h) on the orderly development of communities, 2(j) on the adequate provision of a full range of housing, , 2(p) on the appropriate location of growth and development, 2(q) on the promotion of development that supports public transit and is oriented to pedestrians, and 2(r) on the promotion of built form that is well-designed, encourages a sense of place.

28The proposed development is consistent with the PPS. Mr. Bissett opined, and the Tribunal agrees that the Proposal is consistent with the PPS and conforms to the OP.

PPS

a. The Application, as reflected in the Proposal, is consistent with the PPS, particularly with respect to policies related to housing and strategic growth areas.

b. Key policy directions expressed in the PPS are to build complete communities with a mix of housing options and to promote efficient development and land use patterns.

c. Policy directions from the PPS met are: s. 2.1.6 on the achievement of complete communities by accommodating an appropriate range and mix of land uses, housing options, transportation options with multimodal access, employment, public service facilities and other institutional uses, recreation, parks and open spaces, and other uses to meet long-term needs. Also s. 2.2.1(a) requires provision for an appropriate range and mix of housing options and densities to meet projected needs of current and future residents by establishing and implementing minimum targets for the provision of housing that is affordable to low- and moderate-income households.

d. Reading the PPS as a whole, various provisions are met by the Proposal as it provides for a development that protects the natural areas, optimize the revitalization and regeneration of the subject site. The Proposal will result in a complete community offering a range of residential unit types that support a healthy community and the transportation infrastructure in the area. (s.2.2.1 (c) and (d) -appropriate range and mix of housing options and density…which efficiently use land…).

e. The Subject Site is close to the 512 St. Clair streetcar route and the 89 Weston bus route, both of which provide service every 10 minutes or better, all day, every day. The subject property is approximately 600 m northwest of the planned St. Clair-Old Weston Station, which is to be serviced by the Union- Pearson Express Line, and intended to provide the 15-minute service frequency or better at the St. Clair-Old West Station (s.2.4.3.1 - …intensification on lands adjacent to existing and planned frequent transit corridors.)

f. The Proposal will make use of existing infrastructure and public service facilities for the redevelopment (s.3.1.2).

g. The Proposal’s intensification of an underutilized site is in an area with municipal infrastructure, frequent transit service and higher order transit.

OP

29This proposed development conforms with the OP as follows:

a. the Proposal conforms with the OP, in particular with the applicable Mixed Use Areas designation and the policies related to growth management, natural environment, public realm, built form and housing.

b. Chapter 2 (Shaping the City) outlines the City’s growth management strategy. It recognizes that: "Toronto’s future is one of growth, of rebuilding, of reurbanizing and of regenerating the City within an existing urban structure that is not easy to change. Population growth is needed to support economic growth and social development within the City and to contribute to a better future for the Greater Toronto and Hamilton Area. A healthier Toronto will grow from a successful strategy to attract more residents and more jobs to the City."

c. Section 2.1(3) provides that Toronto is forecast to accommodate 3.65 million residents and 1.98 million jobs in Toronto by 2051.

d. In s. 2.2, one of the key policy directions is Integrating Land Use and Transportation. The OP provides that future growth within Toronto is to be directed to areas which are well served by transit and by the existing road network. S. 2.2 further recognizes that, generally, growth areas are locations at rapid transit stations and along bus and streetcar routes where good transit access can be provided. In this regard, Map 4 (Higher Order Transit Corridors) identifies the St. Clair-Old Weston Station approximately 600 m southwest of the Site as an Expansion Element.

e. Section 3.2.1(2) encourages new housing supply via intensification and infill developments. The Proposal aligns with this policy by promoting diverse housing options through intensification.

f. The Subject Site is designated Mixed Use Areas, as identified on Map 17 – Land Use Plan. The Subject Site is also adjacent to a Natural Areas designation to the south, in relation to the Lavender Creek Corridor.

g. Mixed Use Areas are intended to accommodate much of Toronto’s future growth in housing and employment.

h. Section 4.5(2) sets out development criteria for Mixed Use Areas. The policy requires that development on lands within this designation will, among other matters: create a balance of high quality commercial, residential, institutional and open space uses that reduces automobile dependency and meets the needs of the local community.

i. Section 3.1.1 of the OP provides that the public realm, including new POPS, will be an organizing framework and setting for development. The proposal has been revised from the Original Proposal to include a privately owned publicly accessible space in accordance with these policies.

j. Section 3.1.3 sets out built form policies respecting site organization, building shape, mass and scale, and improving the public realm through building design. In accordance with 3.1.3(5) the proposed design has been refined through the mediated discussions to provide for a massing that fits within the existing and planned context, defines and frames the edges of the public realm with good proportion. The proposal incorporates several massing changes from the initial proposal, which, will result in appropriate Light, View and Privacy impacts, as well as appropriate window separation.

k. Several refinements to the design were undertaken to enhance the public realm, including 10.0 m Long-term Stable Top of Slope from the TRCA regulated lands to the south, which are proposed to be fenced and redesignated to Natural Areas, as well as increased setbacks and additional landscaping along the east and west property line.

l. The Proposal will provide for a development that will balance residential and non-residential uses, a gradual transition of scale and density to surrounding land uses (OP s.2.3.1.) and buffers to the TRCA regulated lands. The inclusion of a POPS (OP s.3.1.1) will offer views to Lavender Creek.

OPA 591

30At its meeting of July 22, 2022, City Council adopted Official Plan Amendment 591 which redesignated the Subject Site to Mixed Use Areas and introduced a series of Site and Area Specific Policies to Chapter 7 of the Official Plan, including SASP 437 which applies to 43-177A McCormack Street, inclusive of the Subject Site.

31On December 12, 2023, the Province approved OPA 591 without modification. Accordingly, SASP 437, as adopted by City Council and accordingly is in force.

32SASP 437 provides that development will: Provide generous public sidewalks, street tree planting and pedestrian amenities along McCormack Street; Ensure no net new shadow is cast on Harwood Park and the Harwood Public School school yard from 10:18 a.m. to 4:18 p.m. on March 21st and September 21st; Have active uses at grade with direct pedestrian entrances fronting onto the public sidewalk along McCormack Street; Consolidate vehicular access between multiple parcels, where feasible; Provide public views and public access to Lavender Creek Trail; Have a street wall height of 2 to 4 storeys; Have maximum building heights fitting within a 45 degree angular plane measured at 80 percent of the right-of-way width along the north property line; Be compatible with residential and other sensitive land uses to the north; and Be compatible with the industrial uses in the Employment Area to the south.

33Other matters addressed through SASP 437 include: providing for a minimum non- residential GFA equivalent to 1.0 times the site area or 15% of the proposed GFA, allowing a maximum of 49 percent of the minimum required non-residential GFA be allotted towards retail and personal service uses, and providing for a balance of residential and non-residential growth.

34A draft OPA has been prepared to create a new Site and Area Specific Policy for the Subject Site to permit the proposed height, while maintaining the intent of the policies of SASP 437, including but not limited to: permitting mixed-use development; having consideration for no net new shadow cast on Harwood Park; generally following a 45 degree angular plane measured at 80 percent of the right-of-way along the north property line; providing for public realm improvements, particularly along McCormack Street; ensuring compatibility with residential uses to the north and industrial uses to the south of Lavender Creek; and maintaining a commitment to provide affordable housing unless purpose built rental is developed and secured.

ZBL

35The in-force zoning by-law applying to the majority Subject Site is the new City- wide ZBL. Under the ZBL, the Subject Site is zoned Employment Industrial Zone E1.0. There is no maximum height requirement applying to a building that has permitted use, however, there is a height limit of 20.0 m for an office building, or portion of a building used as an office.

36The Employment Industrial Zone permits a range of employment uses, including offices, but not residential uses.

37Under the former City of York Zoning By-law No. 1-83, the Site is currently zoned ‘Basic Employment Zone’ BE with a height limit of 6-storeys (20.0 metres), with the exception of lots abutting Residential Zones, a height limit of 14.0 m. The Basic Employment Zone permits a range of industrial uses (excluding warehouse retail), office uses, business service establishment, design centres, and a public garage.

38A revised draft ZBA to the ZBL, as amended, has been prepared to reflect the Proposal. It is proposed that the Tribunal withhold its Final Order until such time as the City has reviewed and is satisfied with the form and content of the draft ZBA (among other conditions).

39The draft ZBA proposes to rezone the lands to Commercial Residential (CR) to accommodate the proposed mix of residential and non-residential uses.

40Consistent with the draft OPA, the lands south of the LTSTOS, including the 10.0 m buffer, are proposed to be rezoned as Open Space – Natural (ON).

41A Holding ("H") Provision will also be placed on the Subject Site, with the full and complete list of conditions for removal.

42Mr. Bissett opined that the Proposal has general regard for the Mid-Rise Building Design Guidelines and the Tall Building Design Guidelines. Similarly, the Proposal has appropriate regard for the Growing Up Guidelines.

43The Tribunal finds that the Proposal:

a) is consistent with the relevant policies of the PPS;

b) conforms to the applicable policies of the OP;

c) conforms to OPA 591 and SASP 437;

d) protects the adjacent natural area with buffers to the Long-Term Stable Top of Slope;

e) provides intensification and growth through a well-designed compact built form that is contextually appropriate to the area;

f) develops an underutilized site proximate to frequent transit and higher order transit through a mix of residential and non-residential uses at grade supported by direct entrances for pedestrians from the street sidewalk.

g) expands the choices for existing and future residents of the community in providing a range of residential units from studios to three-bedroom units, in keeping with the Growing Up Guidelines;

h) optimizes the efficient and optimal use of existing municipal infrastructure;

i) provides a transit supportive development for a complete community living near a creek and a generally well served transportation infrastructure;

j) provides a compatible development that respects the scale and character of the area with adjacent properties and surrounding land uses;

k) facilitates redevelopment of a site in an area planned for growth and regeneration;

l) represents good planning and is in the public interest.

CONCLUSION

44The Tribunal is satisfied that the Proposal represents good planning and that the proposed OPA and ZBA have regard for the matters of Provincial interest as set out in section 2 of the Act, are consistent with the PPS and conform to the OP.

45The Tribunal will grant the appeals in part and approve the proposed OPA and ZBA in principle subject to conditions.

INTERIM ORDER

46THE TRIBUNAL ORDERS THAT the Appeals are allowed in part, on an interim basis, and,

1. That the proposed draft Official Plan Amendment, set out in Attachment 1 of this Interim Order, and proposed draft Zoning By-law Amendment, set out in Attachment 2 of this Interim Order, are approved in principle with the Tribunal’s final order withheld until the Tribunal has been advised that all the following conditions have been satisfied:

a. The Official Plan Amendment and Zoning By-law Amendment be finalized, in a form and content acceptable to the City Solicitor and Executive Director, Development Review and the Chief Planner and Executive Director, City Planning;

b. The owner has addressed all outstanding issues identified within the Engineering and Construction Services correspondence dated October 30, 2023, to the satisfaction of the Director, Engineering Review;

c. The owner has submitted a revised Transportation Impact Study including all requested revisions identified within the Engineering and Construction Services correspondence, dated October 30, 2023, to the satisfaction of the General Manager, Transportation Services;

d. The owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Director, Engineering Review, and such report shall determine the stormwater run-off, sanitary flow and water supply demand resulting from the Development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the Development and/or any upgrades that may be required; the owner shall also provide the Servicing Report Groundwater Summary, Foundation Drainage Summary Form, Foundation Summary Form Technical Brief, and the Hydrological Review Summary to the satisfaction of the Director, Engineering Review; should it be determined that upgrades are required to the infrastructure to support the development according to the accepted Functional Servicing Report and/or the Transportation Impact Study, 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, at no cost to the City, to the satisfaction of the Director, Engineering Review, and General Manager, Transportation Services;

e. The owner has provided a Pedestrian Level Wind Study, in accordance with the City's Terms of Reference, with such report to be reviewed and recommendations implemented as part of the Zoning By-law and/or secured in a development agreement, to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. The owner has submitted an Electromagnetic Field Management Plan to be peer reviewed at the owner's expense, with recommendations to be implemented to the satisfaction of the Chief Planner and Executive Director, City Planning;

g. The owner has satisfactorily addressed matters from the Urban Forestry, Tree Protection and Plan Review and provided required materials, including a Public Utilities Plan and a Site Grading Plan, all to the satisfaction of the Executive Director, Environment, Climate, and Forestry;

h. The owner has submitted a phasing plan to demonstrate, to the satisfaction of the Executive Director, Development Review, how the required non-residential gross floor area will be achieved;

i. The owner has made revisions to meet the Toronto Green Standard requirements current as at the time of zoning application, if applicable, to the satisfaction of the Executive Director, Development Review;

j. The submission and acceptance of a Compatibility and Mitigation Study (including air quality and noise and vibration assessments), which shall be peer reviewed at the owner’s expense, with recommendations to be implemented to the satisfaction of the Executive Director, Development Review; and,

k. The owner has provided an updated Geotechnical Study and/or Erosion Hazard Assessment to the satisfaction of the Chief Planner and Executive Director, City Planning and the TRCA.

2. Counsel for Greenline Renovations Plus Ltd. is to advise the Tribunal within 120 days of this Order, on the status on the Official Plan Amendment and Zoning By-law Amendment if the instruments are not finalized.

3. The final draft Official Plan Amendment and draft Zoning By-law Amendment are to be forwarded to the Tribunal for approval prior to issuance of the final Order.

4. The Tribunal may be spoken to regarding any issue arising in the implementation of this Interim Order.

"T.F. Ng"

T.F. NG VICE-CHAIR 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

Attachment 2