Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 19, 2025
CASE NO.: OLT-24-000908
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1934 – 1938 Bloor St. W. Ltd. & 1930 Bloor St. W. Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit redevelopment of the Property with a 17-storey mixed-use building.
Reference Number: 24 121126 STE 04 OZ
Property Address: 1930-1938 Bloor Street West and 3, 5 and 21 Quebec Avenue
Municipality/UT: Toronto
OLT Case No.: OLT-24-000908
OLT Lead Case No.: OLT-24-000908
OLT Case Name: 1930 Bloor St. W. Ltd. et al. v. Toronto (City)
BEFORE:
C. I. MOLINARI MEMBER
Friday, the 14th day of March, 2025
THIS MATTER, in respect of the lands at 1930-1938 Bloor Street West and 3, 5, and 21 Quebec Avenue in the City of Toronto (“City”), having come for a public hearing on November 6, 2024 before the Ontario Land Tribunal (“Tribunal”) and the Tribunal having issued a Decision on November 20, 2024; and
THE TRIBUNAL having been advised by the Appellant on February 8, 2025 that a full uncontested settlement had been reached, on consent;
AND THE TRIBUNAL, having qualified Andrew Ferancik to give expert opinion evidence in the area of land use planning, as submitted through his Affidavit sworn on March 5, 2025, and filed with the Tribunal;
AND THE TRIBUNAL, having considered the material filed in support of the settlement, including the opinion evidence of Mr. Ferancik, that the appeal under subsection 34(11) of the Planning Act should be allowed, in part, and that the proposed Zoning By-law Amendment should be approved in accordance with the instrument appended as Attachment 1 to this Order (“Settlement ZBA”);
AND THE TRIBUNAL, having accepted the uncontroverted testimony and evidence of Mr. Ferancik, and having found that the redevelopment of the lands will facilitate the intensification of an underutilized site while maintaining appropriate development standards and will contribute to the creation of new housing as well as employment opportunities.
AND THE TRIBUNAL, being satisfied that, in consideration of the evidence of Mr. Ferancik and the revisions resulting in the settlement, the Settlement ZBA has sufficient and proper regard for the relevant matters of provincial interest as set out in s. 2 of the Planning Act, is consistent with the Provincial Planning Statement, 2024, and conforms with the policies of the City Official Plan;
THE TRIBUNAL finds that the Settlement ZBA is appropriate, represents good land use planning, is in the public interest and should be approved, subject to the conditions agreed to by the Parties.
NOW THEREFORE
THE 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 below, and the Zoning By-law Amendment set out in Attachment 1 to this Interim Order, is hereby approved in principle.
The issuance of the Final Order will be withheld contingent upon confirmation by the City Solicitor, that the following pre-requisite matters have been satisfied:
a. The Tribunal has received, and approved, the Zoning By-law Amendment submitted in a final form, confirmed to be satisfactory to the Executive Director, Development Review and the City Solicitor, including any appropriate holding (H) provisions;
b. The Tribunal is advised that City Council has approved Rental Housing Demolition Application 24 121138 STE 04 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 City Solicitor and the Chief Planner and Executive Director, City Planning, securing all rental housing-related matters necessary to implement City Council’s decision including:
i. replacement of the existing twelve (12) rental dwelling units, including the same number of units, bedroom type and size, and with similar rents; and
ii. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning;
c. The Tribunal is advised that the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment application, and confirmed status of utility locates along Bloor Street West and Quebec Avenue and submitted revised Landscape Plan to the satisfaction of the Supervisor, Tree Protection and Plan Review;
d. The Tribunal is advised that the owner has provided confirmation that the development will be constructed and maintained in accordance with Tier 1, Toronto Green Standard Version 4.0, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard Version 4.0, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the Site Plan Control application;
e. The Tribunal is advised that the owner has submitted a revised Pedestrian Level Wind Study to the satisfaction of the Executive Director, Development Review, with any required wind mitigation measures to be secured through the Site Plan approval process;
f. The Tribunal is advised that the owner has submitted a revised Sun/Shadow Study and supplementary studies to the satisfaction of the Executive Director, Development Review;
g. The Tribunal is advised that the owner has submitted a revised Natural Heritage Impact Study to the satisfaction of the Executive Director, Development Review, with any required mitigation and enhancement measures to be secured through the Site Plan approval process;
h. The Tribunal is advised that the owner has addressed all outstanding issues raised by Transportation Services related to the pedestrian clearway/sidewalk transition along Quebec Avenue between the subject site and the adjacent Toronto Transit Commission High Park Station entrance to the north as they relate to the Zoning By-law Amendment application and the holding provisions if any required in the Zoning By-law amendment as set out in their memo dated April 18, 2024 or as may be updated in response to further submissions filed by the owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
i. The Tribunal is advised that the owner has submitted an acceptable Functional Servicing and Stormwater Management Report and associated plans or reports deemed necessary for review and acceptance to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
j. The Tribunal is advised that 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; and,
k. The Tribunal is advised that, in the event the Functional Servicing Report, Stormwater Management Report, and/or Hydrogeological Report identify any required upgrades to existing municipal infrastructure to support the development, the Owner has entered into a financially secured agreement(s) with the City requiring the Owner to design, financially secure, construct and make operational, any upgrade or required improvements, prior to the issuance of final site plan approval for any development on the lands, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.
The Panel 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.
If 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 above have been satisfied, and do not request the issuance of the Final Order, by Thursday, July 31, 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.
The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadlines for the submission of the final form of the instrument(s), the satisfaction of the contingent prerequisites 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.
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