Ontario Land Tribunal
ISSUE DATE: April 30, 2025
CASE NO.: OLT-23-000532
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 38 WR LP/Trustees of the Walmer Road Baptist Church
Subject: Application to amend the Zoning By-law – neglect to make a decision
Description: To permit the redevelopment of the Property with a 20-storey building
Reference Number: 22 179831 STE 11 OZ
Property Address: 38 Walmer Road & 188 Lowther Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-000532
OLT Lead Case No.: OLT-23-000532
OLT Case Name: 2114778 Ontario Inc. v. Toronto (City)
BEFORE:
STEVEN COOKE VICE CHAIR
Tuesday, the 28th day of January, 2025
THIS MATTER pertains to the property located at 38 Walmer Road in the City of Toronto. A public hearing was held on January 28, 2025, before the Ontario Land Tribunal (the “Tribunal”). This case was heard in conjunction with the appeals related to Tribunal case no. OLT-24-000316, as the property at 40 Walmer Road is immediately adjacent.
THE TRIBUNAL was informed by the Parties on January 6, 2025, that a full, uncontested settlement had been reached in these matters. Counsel for the City emphasized to the Tribunal the significance of the settlement, noting that it reflects the willingness of all Parties to collaborate and address many of the community's concerns.
THE TRIBUNAL, in determining this matter, accepts and adopts the uncontested land use planning evidence and expert opinions provided by Ms. Kate Cooper and Mr. David Riley. The Tribunal is convinced by the evidence that the proposal promotes the efficient development of infill land and accommodates a diverse range of appropriate mixed housing options. In particular, it supports the increase of three-bedroom dwelling units, which is desired by the City in areas served by public transit. The symbiotic relationship between the two properties has created opportunities to revitalize the existing Walmer Road Sanctuary building and develop community spaces, while allowing the proposed developments to proceed in a manner that supports one another.
AND THE TRIBUNAL concludes that the proposal aligns with the policy direction outlined in the Provincial Policy Statement (PPS) and upheld by the Official Plan (OP). Additionally, the Tribunal is confident that the proposal takes into account matters of provincial interest, adheres to the principles of effective land use planning, and serves the greater public interest. Most importantly, the proposal advances the goals and objectives of the provincial planning framework to enhance housing opportunities.
NOW THEREFORE
THE TRIBUNAL MAKES AN INTERIM ORDER THAT:
The appeal by 38 WR LP (the “Appellant”) is allowed, in part, and the zoning by-law amendment (the “ZBA”) for the lands municipally known as 38 Walmer Road and 188 Lowther Avenue (the “Lands”) in the City of Toronto (the “City”) substantially in the form included as Exhibit “BB” to the Affidavit of Kate Cooper, sworn on January 21, 2025, and filed with the Ontario Land Tribunal (the “Tribunal”) is approved in principle.
The Final Order of the Tribunal shall be withheld until the Tribunal is in receipt of written confirmation from the Appellant and the City that the following conditions have been satisfied:
a. the draft Zoning By-law Amendment implementing the Settlement Offer is finalized in a form satisfactory to the Executive Director, Development Review and the City Solicitor;
b. the applicant has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment;
c. the owner has entered into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure in connection with the accepted Functional Servicing Report by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required;
d. 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, to the satisfaction of the Supervisor, Tree Protection and Plan Review;
e. the owner has addressed all outstanding issues raised by Transportation Services, as they relate to the Zoning By-law Amendment application, to the satisfaction of the General Manager, Transportation Services;
f. the owner has submitted an updated Pedestrian Level Wind Study (Computational Fluid Dynamics Study and signed Template A) demonstrating there are no uncomfortable or unsafe wind conditions, to the satisfaction of the Executive Director, Development Review, with any required wind mitigation measures to be secured in the final zoning by-law or through the Site Plan Application process;
g. the owner has entered into a Heritage Easement Agreement with the City for the property at 38 Walmer Road, substantially in accordance with the plans and drawings dated October 25, 2024, prepared by Hariri Pontarini Architects on file with the Senior Manager, Heritage Planning and the Heritage Impact Assessment prepared by ERA Architects dated October 29, 2024, and on file with the Senior Manager, Heritage Planning, subject to and in accordance with the approved Conservation Plan required in Part 2.h. below, to the satisfaction of the Senior Manager, Heritage Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor; and
h. 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 prepared by ERA Architects dated October 29, 2024, for the property at 38 Walmer Road, to the satisfaction of the Senior Manager, Heritage Planning.
- The Tribunal may be spoken to in the event any matter or matters should arise in connection with 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.