Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 27, 2025 CASE NO(S).: OLT-24-000293

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

Applicant and Appellant: 27 Henning Avenue Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit a 34-storey residential building containing 390 dwelling units and 45 vehicular parking spaces. Reference Number: 23 176474 NNY 08 OZ Property Address: 17, 19, 21, 23, 25, 27, 29, 31, 33, 37, 39 and 41 Henning Avenue Municipality/UT: Toronto OLT Case No.: OLT-24-000293 OLT Lead Case No.: OLT-24-000293 OLT Case Name: 27 Henning Avenue Limited 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: 27 Henning Avenue Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a 34-storey residential building containing 390 dwelling units and 45 vehicular parking spaces. Reference Number: 23 176474 NNY 08 OZ Property Address: 21, 23, 25, 27, 29, 31, 33 and 35 Henning Avenue Municipality/UT: Toronto OLT Case No.: OLT-24-000294 OLT Case Name: 27 Henning Avenue Limited v. Toronto (City)

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

Subject: Request to amend the Official Plan – Refusal of request Description: To permit the development of two mixed-use buildings consisting of 46- and 58-storeys to a total of 1,206 residential units Reference Number: 24 135591 NNY 08 OZ Property Address: 50-90 Eglinton Avenue West and 17-19 Henning Avenue Municipality/UT: Toronto OLT Case No: OLT-24-000917 OLT Case Name: 90 Eglinton West Limited et al. v. Toronto (City)

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject: Application to amend the Zoning By-law – Refusal of application Description: To permit the development of two mixed-use buildings consisting of 46- and 58-storeys to a total of 1,206 residential units Reference Number: 24 135591 NNY 08 OZ Property Address: 50-90 Eglinton Avenue West and 17-19 Henning Avenue Municipality/UT: Toronto OLT Case No: OLT-24-000918

Heard: March 21, 2025 by Video Hearing

APPEARANCES:

Parties	Counsel
27 Henning Avenue Limited 90 Eglinton West Limited 60 Eglinton West Limited 2498703 Ontario Inc. 2498704 Ontario Inc.	D. Bronskill
City of Toronto	D. Elmadany

MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON MARCH 21, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION AND RECENT PROCEDURAL HISTORY

1In July 2023, 27 Henning Avenue Limited applied for an Official Plan Amendment for the properties located at 17, 19, 21, 23, 25, 27, 29, 31, 33, 35, 37, 39 and 41 Henning Avenue (“Henning OPA”) and a Zoning By-law Amendment for the properties located at 21, 23, 25, 27, 29, 31, 33 and 35 Henning Avenue (“Henning ZBA”). The City of Toronto (“City”) refused the applications, which led to an appeal to the Tribunal pursuant to s. 22(7) and s. 34(11) of the Planning Act (“Act”) (“Henning Appeal”).

2In April 2024, 90 Eglinton West Limited, 60 Eglinton West Limited, 2498703 Ontario Inc. and 248704 Ontario Inc. applied for an Official Plan Amendment and Zoning By-law Amendment for the properties located at 50-90 Eglinton Avenue West and 17-19 Henning Avenue. The City refused the applications, which led to an appeal to the Tribunal pursuant to s. 22(7) and s. 34(11) of the Planning Act (“Act”) (“Eglinton Appeal”).

3At a Case Management Conference (“CMC”) before a Panel differently constituted on March 6, 2025, the Parties to the Eglinton Appeal and the Henning Appeal sought to bring forward a settlement, which would dispose of both appeals in their entirety. The proposed settlement combines the lands subject to both appeals in a unified development concept permitted through a single set of planning instruments. As such, the Parties requested consolidation of the Henning and Eglinton Appeals, which the Panel granted. References to “Appellants” in the balance of this decision include those in both the Henning Appeal and the Eglinton Appeal.

4The proposed settlement includes a draft ZBA (“Settlement ZBA”) with an expanded geographic scope, incorporating properties at 37, 39 and 41 Henning Avenue (“Additional Lands”) not previously included as part of the original Henning ZBA application. Ultimately, based on the documentary evidence before it at the time, the Panel was not satisfied that the inclusion of the Additional Lands was appropriate, and directed the Parties to file more detailed submissions and supplementary evidence in that regard. The Panel scheduled this CMC for the purpose of considering a motion to amend the Henning ZBA application and, if appropriate, to consider the proposed settlement.

MOTION TO AMEND APPLICATION

5In accordance with the above, the Appellants brought forward a motion, with the consent of the City, requesting an Order amending the rezoning application in respect of the properties located at 21-35 Henning Avenue to include the Additional Lands located at 37-41 Henning Avenue, pursuant to s. 34(26) of the Act, and to amend the Henning OPA to change the originally requested designations for 37-41 Henning Avenue, pursuant to s. 17(50) of the Act.

6The appealed Henning OPA included all of the properties at 17-41 Henning Avenue, seeking to redesignate same from Neighbourhoods to Mixed Use Areas and to add a site-specific policy to permit a tall building. The OPA currently before the Tribunal (“Settlement OPA”) addresses all of the lands at 17-41 Henning Avenue and 50-90 Eglinton Avenue West (“Combined Lands”) and, inter alia, seeks redesignation of 37-41 Henning Avenue from Neighbourhoods to Parks. The proposed Settlement ZBA is expanded to include the Additional Lands which were not in the original Henning ZBA, proposing to zone them as Open Space to align with the now requested Parks designation in the Settlement OPA.

7Subsection 17(50) of the Act empowers the Tribunal to approve, refuse or modify an official plan amendment before it, subject to s. 17(50.1) which restricts the Tribunal from modifying an appeal to include lands that were not part of the original development application. In this instance, s. 17(50.1) is not triggered, because the appealed Henning OPA included all of the lands at 17-41 Henning Avenue, and no new lands are sought to be added. Rather, the Appellants simply seek to modify the designation originally requested for 37-41 Henning Avenue.

8Subsection 34(26)(b) of the Act empowers the Tribunal, on an appeal under s. 34(11) or (19), to amend a proposed ZBA in such a manner as it may determine. Unlike ss. 17(50) and (50.1), there is no similar restriction which precludes the Tribunal from expanding the ZBA boundaries to include the Additional Lands.

9As set out in 8 Elm Park Properties Inc. v. Toronto (City), 2018 CarswellOnt 23350, the test for determining if an application should be amended is whether the amendment changes the essential nature or character of the application. In this regard, the Tribunal heard uncontested evidence from Mike Dror, a Registered Professional Planner, qualified to provide opinion evidence in land use planning. Mr. Dror provided an affirmed affidavit in support of the proposed settlement and a supplementary affidavit in support of the motion. The evidence of Mr. Dror was that, although the Henning OPA requested redesignation of 37-41 Henning Avenue from Neighbourhoods to Mixed Use Areas and the Henning ZBA did not include the Additional Lands, the now proposed redesignation to Parks in the Settlement OPA and the inclusion of the Additional Lands in the Settlement ZBA does not change the essential nature or character of the applications, which continue to be for tall building redevelopment in proximity to higher order transit.

10Mr. Dror explained that, when the Henning ZBA application (which sought rezoning to allow a tall building on 21-35 Henning Avenue) was submitted, the Additional Lands were not owned by the Applicant and were not included. The Henning OPA did, however, include the Additional Lands and 17-19 Henning Avenue, seeking redesignation of all of the Henning Avenue properties to bring them into alignment with the Yonge Eglinton Secondary Plan. He explained that the properties along Henning Avenue are designated Neighbourhoods, which permits residential development up to 4 storeys, but are also identified in the Yonge-Eglinton Secondary Plan as Henning Special Place Character Area, which anticipates heights of 15-35 storeys or higher.

11As part of the proposed settlement discussed at paragraphs [3] and [4], no development is proposed on the Additional Lands, which are to be conveyed to the City pursuant to s. 42 of the Act. Mr. Dror opined that it is appropriate to allow the inclusion of the Additional Lands in the Settlement ZBA to ensure conformity with the proposed Settlement OPA and to assist with implementing required parkland dedication under s. 42 of the Act. He noted that, by virtue of the in-effect City-Wide Zoning By-law, a park is already a permitted use on the Additional lands and opined that there would be no new impacts to adjacent properties.

12Counsel for the Appellants submitted that requested relief represents the most cost-effective and efficient resolution to the Appeals, with the alternative being a new application. He also confirmed, drawing attention to the sworn Affidavit of Service for the first CMC in the Eglinton Appeals (held on March 6, 2025), that proper Notice of these matters was given, and included a detailed explanation of:

• the intent to seek consolidation of the Eglinton and Henning Appeals;
• the intent to present a settlement for the consolidated Appeals;
• that the proposed settlement includes the addition of the lands at 37-41 Henning Avenue;
• that those additional lands will be conveyed to the City as an on-site parkland dedication in accordance with s. 42 of the Act; and
• how interested persons could obtain further details regarding the settlement of either or both of the Henning/Eglinton Appeals, including the proposed parkland dedication.

13Based upon the foregoing evidence and submissions, the Tribunal is satisfied that the proposed modifications do not change the essential nature or character of the applications and accordingly, grants the requested relief.

PROPOSED SETTLEMENT

14The Combined Lands are located within the Yonge-Eglinton neighbourhood, just west of the Yonge-Eglinton Centre and are generally L-shaped, with a total site area of approximately 6,258 square metres (“sq m”). At present, the Combined Lands are occupied by:

• a vacant 2-storey brick building on the property at 50 Eglinton Avenue West, which previously operated as the Toronto Hydro-Electric System Eglinton Substation and, in November 2019, was designated under Part IV of the Ontario Heritage Act;
• a 3-storey hydro depot building at 60 Eglinton Avenue West;
• a vacant 6-storey building at 90 Eglinton Avenue West that previously contained 3,809 sq m of office floor area and one level of underground parking; and
• twelve low rise residential dwellings at 17-41 Henning Avenue.

15The Combined Lands are approximately two minutes walking distance from the Eglinton subway station, which also serves as a bus terminal and will serve as a station for the Eglinton Crosstown LRT line, expected to be operational later in 2025. Recent development in the area surrounding the Combined Lands includes several tall buildings ranging from 20-58 storeys with approved heights of up to 65 storeys.

16Mr. Dror, through his oral and affidavit evidence, recounted in detail the history of the Eglinton and Henning Appeals that had evolved over more than a decade into the current comprehensive development proposal, which now integrates multiple properties and addresses a variety of zoning, heritage and site-specific policies.

17Notably, by virtue of a previous settlement Decision of the Tribunal involving the lands subject to the Eglinton Appeals, a proposed amendment to City of Toronto Zoning By-law 569-2013 was approved (subsequently enacted as site-specific by-law 1263-2022 OLT). This site-specific by-law permitted two tall buildings with heights of 33 and 35 storeys and a Floor Space Index of 13.18, along with certain community benefits secured through s. 37 of the Act, as it read at the time. In addition, a Minor Variance granted in October 2023, for the properties subject to the Eglinton Appeals enabled the relocation of office replacement requirements to a recipient site at 90-110 Eglinton Avenue. This, in turn, resulted in changes to the podiums and heights of the approved tall buildings on the Eglinton lands.

18Thereafter, the now appealed April 2024 Eglinton Application, which sought an increase in the height and density of the two previously approved tall buildings, was refused. The Henning Application, which sought permissions for a tall building on 21-35 Henning Avenue, had also been refused and appealed. Given the proximity of the Henning and Eglinton lands, a settlement proposal was submitted which consolidated the two redevelopment proposals and included the on-site parkland dedication of the Additional Lands, to be permitted through a single set of planning instruments. The settlement proposal was endorsed by City Council on November 13 and 14, 2024.

19Mr. Dror explained that the Settlement OPA for the Combined Lands would, inter alia, redesignate 17-35 Henning Avenue from Neighbourhoods to Mixed Use Areas and 37-41 Henning Avenue from Neighbourhoods to Parks. Additionally, it would establish a new site and area specific policy (“SASP”) permitting two mixed-use tall buildings (49 and 46 storeys) fronting onto Eglinton Avenue West and one residential tall building (40 storeys) fronting onto Henning Avenue. The Settlement OPA also addresses the relocation of office replacement Ground Floor Area, in accordance with the Minor Variance Decision noted above.

20The Settlement ZBA would apply across the Combined Lands and amend City-Wide Zoning By-law 569-2013, as amended by By-law 1263-2022 and includes, among other things,

• site-specific zoning regulations to permit the proposed development;
• provisions for on and off-site parkland dedications; and
• details related to the conservation of the Heritage Building at 50 Eglinton Avenue West.

21Mr. Dror noted that the lands subject to the appeals are located within a Settlement Area and a strategic growth area as well as a Major Transit Station Area (“MTSA”). He further noted that the nearby Yonge-Eglinton Centre includes a concentration of retail, institutional and residential uses. In his view, the proposed development contributes to the achievement of a complete community and makes efficient use of infrastructure and services, by creating a mix of new housing options and park lands in proximity to higher order transit in an appropriate location for growth.

22He added that consolidation of the lands subject to the appeals and the building heights proposed generally align with the anticipated height range of the Henning Special Place Character Area within the Yonge-Eglinton Secondary Plan and applicable City guidelines. Finally, he opined that conservation of the protected heritage property at 50 Eglinton Avenue West is achieved through the incorporation of its façade into the proposed development.

23Based on the foregoing, he concluded that the settlement presented is representative of good planning in the public interest, has appropriate regard for matters of provincial interest, is consistent with the Provincial Planning Statement 2024, generally conforms with the City of Toronto Official Plan (as amended by the proposed Settlement OPA), as well as the Yonge-Eglinton Secondary Plan, and aligns with applicable guidelines, including the City’s Tall Building and Growing Up guidelines. In addition, he noted that the proposal conforms with OPA 570, a City-initiated OPA which is not yet in-force, but which directs additional growth within the boundaries of MTSAs Areas to optimize transit infrastructure. He recommended approval of the proposed instruments, in principle, with the Final Order withheld subject to the fulfillment of a list of conditions which, in his view, are reasonable and appropriate from a planning perspective.

24Following consideration of the submissions of counsel and the uncontested land use planning opinion evidence presented, the Tribunal is satisfied that the settlement proposal is representative of good planning in the public interest and meets all necessary legislative tests.

ORDER

25THE TRIBUNAL ORDERS as follows.

26The request to include additional lands at 37-41 Henning Avenue as part of the rezoning application filed in respect of the properties located at 21-25 Henning Avenue is granted.

27The request to amend the Official Plan Amendment application filed in respect of the properties located at 21-41 Henning Avenue to change the originally requested designation of the lands at 37-41 Henning Avenue is also granted.

28The appeals by 27 Henning Avenue Limited, 60 Eglinton West Limited, 90 Eglinton Avenue West Limited, 2498703 Ontario Inc., and 2498704 Ontario Inc. (“Owner”) are allowed, in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters set out in paragraph [29] below, and the draft Official Plan Amendment and Zoning By-law Amendment (Attachments 1 and 2, respectively) are hereby approved in principle.

29The Tribunal will withhold the issuance of its Final Order contingent upon confirmation of the City Solicitor, of the following pre-requisite matters:

a) the Official Plan Amendment has been received and approved by the Tribunal in final form substantially in accordance with Attachment 1 and confirmed to be satisfactory to the Executive Director, Development Review and the City Solicitor;

b) the Zoning By-law Amendment amending By-law 1263-2022 for the lands municipally known as 50-90 Eglinton Avenue West and 17-41 Henning Avenue has been received and approved by the Tribunal in final form and confirmed to be satisfactory to the Executive Director, Development Review and the City Solicitor, including the minimum bedroom unit mix in conformity with the Yonge-Eglinton Secondary Plan;

c) the Owner has, at its sole cost and expense:

i. submitted a revised Servicing Report, 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 provision of financial securities, in the Section 37 Agreement as a matter of legal convenience, in respect of any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, including a new “looped” watermain on Henning Avenue, connecting to the existing 300 millimetre watermain on the south side of Eglinton Avenue will be provided to service the properties along 17-41 Henning Avenue, 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 Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

iii. ensured that the 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 Executive Director, Development Review and the City Solicitor, including the use of a Holding (“H”) By-law symbol regarding any new municipal servicing infrastructure, as may be required;

iv. submitted a Pedestrian Level Wind Study, and where necessary incorporating any required mitigation measures in the Zoning By-law Amendment or otherwise implemented at Site Plan Control, to the satisfaction of the Executive Director, Development Review; and

v. submitted a revised Transportation Impact Study, or addendum, with respect to the reduction of visitor parking spaces and proposed accommodation of reduced visitor parking spaces through alternative means on the Development Site, to the satisfaction of the General Manager, Transportation Services;

d) City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has approved a Rental Housing Demolition Application 23 184481 NNY 08 under Chapter 667 of the Toronto Municipal Housing Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the three existing rental dwelling units at 21, 25 and 37 Henning Avenue addressing financial compensation and other assistance to lessen hardship, and subject to written confirmation through affidavit of Owner that there has not been any rental use on 39 and 41 Henning Avenue within the last 5 years, and addressing financial compensation and other assistance to lessen hardship, on such terms and conditions in an agreement with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and City Solicitor;

e) The Owner has entered into a Section 37 Agreement with the City that has been executed, and registered on title to the lands at 50-90 Eglinton Avenue West and 17-41 Henning Avenue, all to the satisfaction of the Executive Director, Development Review and the City Solicitor;

f) the Owner has provided a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 50 Eglinton Avenue West, prepared by GBCA Architects dated March 2024, to the satisfaction of the Senior Manager, Heritage Planning; and

g) the Owner has entered into a Heritage Easement Agreement with the City for the property at 50 Eglinton Avenue West substantially in accordance with plans and drawings prepared by Turner Fleischer dated October 17, 2024, and the Heritage Impact Assessment prepared by GBCA Architects dated March 2024, subject to and in accordance with the approved Conservation Plan required above, to the satisfaction of the Senior Manager, Heritage Planning, including registration of such agreement to the satisfaction of the City Solicitor on the lands municipally known as 50-90 Eglinton Avenue West.

30The Zoning By-Law Amendment (Attachment 2) is acknowledged to remain in draft, subject to review and revision by the City of Toronto and its relevant divisions to ensure it reflects and implements the settlement approved in principle by the Tribunal, including the agreed upon list of conditions at paragraph [29] and is substantially in accordance with the architectural plans prepared by Turner Fleischer Architects, dated October 17, 2024.

31The Member will remain seized for the purposes of reviewing and approving the final draft of the Official Plan Amendment and Zoning By-law Amendment and the issuance of the Final Order.

32If the Parties do not submit final drafts of the Official Plan Amendment and Zoning By-law Amendment, and provide confirmation that all other contingent pre-requisites to the issuance of the Final Order set out in paragraph [29] above have been satisfied, and do not request issuance of the Final Order by December 19, 2025, the Parties shall provide, on that date, a written status update to the Tribunal outlining the expected timing of same.

33The 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 instruments, the satisfaction of the contingent pre-requisites and the issuance of the Final Order.

“S. Braun”

S. BRAUN 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