Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 30, 2025

CASE NO(S).: OLT-23-001088 OLT-23-001089

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A

Appellant: KS Denarda Holdings Inc. and KS Denarda Street Inc. Subject: Site Plan Description: To permit the development of a 43-storey residential building comprised of a 37-storey tower with a six-storey base including 561 dwelling units Reference Number: 23 174316 WET 05 SA Property Address: 2, 4, 6, 8, 10, 12, 14 and 16 Denarda Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-23-001088 OLT Lead Case No.: OLT-23-001088 OLT Case Name: KS Denarda Holdings Inc. and KS Denarda Street Inc. v. Toronto (City)

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

Applicant and Appellant: KS Denarda Holdings Inc. and KS Denarda Street Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the development of a 43-storey residential building comprised of a 37-storey tower with a six-storey base including 561 dwelling units Reference Number: 23 174306 WET 05 OZ Property Address: 2, 4, 6, 8, 10, 12, 14 and 16 Denarda Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-000362 OLT Lead Case No.: OLT-23-001088

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

Applicant and Appellant: KS Denarda Holdings Inc. and KS Denarda Street Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of a 43-storey residential building comprised of a 37-storey tower with a six-storey base including 561 dwelling units Reference Number: 23 174306 WET 05 OZ Property Address: 2, 4, 6, 8, 10, 12, 14 and 16 Denarda Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-000363 OLT Lead Case No.: OLT-23-001088

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A

Appellant: KS Denarda Holdings Inc. and KS Denarda Street Inc. Subject: Site Plan Description: To permit the development of a 44-storey residential building comprised of a 38-storey tower with a six-storey base including 509 dwelling units Reference Number: 23 174343 WET 05 SA Property Address: 5, 7, 9, 13, 13A and 15 Denarda Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-23-001089 OLT Lead Case No.: OLT-23-001089 OLT Case Name: KS Denarda Holdings Inc. and KS Denarda Street Inc. v. Toronto (City)

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

Applicant and Appellant: KS Denarda Holdings Inc. and KS Denarda Street Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the development of a 44-storey residential building comprised of a 38-storey tower with a six-storey base including 509 dwelling units Reference Number: 23 174322 WET 05 OZ Property Address: 5, 7, 9, 13, 13A and 15 Denarda Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-000364 OLT Lead Case No.: OLT-23-001089

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

Applicant and Appellant: KS Denarda Holdings Inc. and KS Denarda Street Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of a 44-storey residential building comprised of a 38-storey tower with a six-storey base including 509 dwelling units Reference Number: 23 174322 WET 05 OZ Property Address: 5, 7, 9, 13, 13A and 15 Denarda Street Municipality/UT: Toronto/Toronto OLT Case No.: OLT-24-000365 OLT Lead Case No.: OLT-23-001089

Heard: May 28, 2025 by Telephone Conference Call

APPEARANCES:

Parties

Counsel

KS Denarda Holdings Inc. and KS Denarda Street Inc.

Anne Benedetti

City of Toronto

Ray Kallio Jamie Dexter

MEMORANDUM OF ORAL DECISION DELIVERED ON BY S. deBOER ON MAY 28, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a Telephone Conference Call (“TCC”) at the request of the KS Denarda Holdings Inc. and KS Denarda Street Inc. (“Appellant”) concerning the status of the Conditions of the Interim Order, which was issued by the Tribunal on July 26, 2024. The addresses of the properties pertaining to the Interim Order are 2-16 Denarda Street and 5-15 Denarda Street in the City of Toronto (“City”).

POSITION OF THE PARTIES

2At the time of the TCC request, the Parties submitted that there were four Conditions that have not been completed or satisfied (Conditions 1, 2, 9, and 11) for both appeals. Condition 1 concerns the Official Plan Amendment and Zoning By-law Amendment planning instruments. Condition 2 pertains to the Functional Servicing Report, Stormwater Management Report, Hydrogeological Report, and associated plans. Condition 9 concerns the peer review studies of the Vibration Impact Study, Rail Safety Report, and the Compatibility/Migration Study. Condition 11 pertains to a Limiting Distance Report concerning the property at 1 Denarda Street.

3The Parties updated the Tribunal that since the time of the TCC request, Conditions 1, 2, and 11 have been satisfied for both appeals. Further, parts of Condition 9 have been satisfied and the only outstanding portion of Condition 9 is the peer review of the Vibration Impact Study for both appeals. This peer review has begun and is expected to be completed within the next 30 to 45 days. Out of an abundance of caution, the Parties are seeking that the Tribunal allow another 60 days to finalize the last item of Condition 9 to be completed.

4The Tribunal is satisfied with the progress of the Conditions since the time of the requested TCC by the Appellant. As such, the Tribunal ruled that an extension was appropriate and that the Parties are to notify the Tribunal no later than Thursday, July 31, 2025, as to the status of the final Condition.

5The Tribunal further ruled that if the final Condition has been satisfied before Thursday, July 31, 2025, the Parties can notify the Tribunal of the satisfaction of all of the Conditions and that a request can be made to the Tribunal to issue its Final Order.

ORDER

6The Tribunal issues its directions listed above.

7The Member remains seized for the purposes of reviewing and approving the final draft of the Zoning By-law Amendment and the issuance of the Final Order, however, the Member may be spoken to regarding its directions listed above, schedule permitting.

“S. deBoer”

S. deBOER

MEMBER

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.