Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 14, 2025
CASE NO.:
OLT-23-000276
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
21 Broadview Avenue Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the redevelopment of a 12-storey mixed-use building with at-grade retail space and fifteen 3-storey townhouse units.
Reference Number:
21 210146 STE 14 OZ
Property Address:
21-53 Broadview Avenue, 344 Eastern Avenue and 18-34 and 40 Lewis Street
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-23-000276
OLT Lead Case No:
OLT-23-000276
OLT Case Name:
21 Broadview Avenue Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
21 Broadview Avenue Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the redevelopment of a 12-storey mixed-use building with at-grade retail space and fifteen 3-storey townhouse units.
Reference Number:
21 210146 STE 14 OZ
Property Address:
21-53 Broadview Avenue, 344 Eastern Avenue and 18-34 and 40 Lewis Street
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-23-000277
OLT Lead Case No:
OLT-23-000276
BEFORE:
STEVEN COOKE
Wednesday, the 15th
ViCE-CHAIR
day of January, 2025
THE MATTER came before the Ontario Land Tribunal (the “Tribunal”) for a virtual settlement hearing. The Tribunal reviewed opinion evidence related to land use planning based on the Affidavit of David Huynh. This evidence convinced the Tribunal that the proposed settlement constitutes an appropriate infill development that is well-supported by public transit and represents sound land use planning. Consequently, the Tribunal determined that the appeals under subsection 22(7) and subsection 34(11) of the Planning Act (the “Appeals”) should be allowed, in part:
THE TRIBUNAL HEREBY MAKES AN INTERIM ORDER that the Appeals are allowed, in part, and that the proposed redevelopment of the lands known municipally in the City of Toronto as 21-61 Broadview Avenue and 40 Lewis Street (the “Lands”) is approved, in principle, in accordance with the plans attached as Exhibit “G” to the Affidavit of David Huynh filed with the Tribunal;
AND THE TRIBUNAL MAKES A FURTHER INTERIM ORDER that:
- The Tribunal’s Final Order in respect of the Appeals shall be withheld until such time as the Tribunal receives confirmation from the City that the following conditions are satisfied:
a. the proposed Official Plan Amendment and Zoning By-law Amendment(s) are in a form and content satisfactory to the City Solicitor and Executive Director, Development Review;
b. the owner has provided a revised Wind Study, including Wind Tunnel Testing, to the satisfaction of the Executive Director, Development Review;
c. the owner has entered into an appropriate agreement pursuant to subsection 37(7.1) of the Planning Act to secure six (6) additional affordable residential rental units as set out in Part 4 of the resolution of City Council from its meeting on July 24 and 25, 2024, to be secured for a minimum period of twenty-five (25) years, with such terms and conditions satisfactory to the Executive Director, Development Review, the Executive Director, Housing Secretariat and the City Solicitor;
d. City Council has approved Rental Housing Demolition Application 21 210154 STE 14 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 on the Lands and the owner has entered into, and registered on title an agreement pursuant to Section 111 of the City of Toronto Act, 2006, to secure all rental-housing related matters necessary to implement City Council’s decision, including replacement rental housing and an acceptable Tenant Relocation and Assistance Plan to address Official Plan Policies 3.2.1.6, as applicable which include the terms set out in paragraph 3 of the Settlement Offer;
e. the owner has revised the Functional Servicing and Stormwater Management Report, Hydrogeological Report, Hydrogeological Review Summary, and Groundwater Summary to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
f. the owner has entered into and registered a financially secured agreement satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services to construct, provide, make operational, and warrant any necessary upgrades to existing services and facilities or new services and facilities;
g. the owner has revised the Compatibility and Mitigation Study, Noise Study and Vibration Study, including any required peer reviews, to the satisfaction of the Executive Director, Development Review, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, the General Manager, Solid Waste Management Services, the Director, Urban Forestry, Tree Protection and Plan Review, and the General Manager, Parks, Forestry and Recreation with revisions, as may be necessary, implemented as part of the amending Zoning By-law(s), to the satisfaction of the Executive Director, Development Review; and,
h. the owner shall provide confirmation that the draft Official Plan Amendment has been approved by the Ministers of Municipal Affairs and Housing and Natural Resources and Forestry, pursuant to Policy 5.2.5(a) of the Provincial Planning Statement, 2024.
“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.