Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
January 2, 2025
CASE NO.:
OLT-21-001606
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
545 Eglinton LP Inc. (Skale Developments)
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit a 21-storey, 128 unit residential building
Reference Number:
21 191659 NNY 15 OZ
Property Address:
537, 539, 541, 543, 545 & 547 Eglinton Avenue East & 59-61 Hoyle Avenue
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-21-001606
OLT Lead Case No:
OLT-21-001606
OLT Case Name:
545 Eglinton LP Inc. (Skale Developments) v. Toronto (City)
PROCEEDING COMMENCED UNDER section 22 (7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
545 Eglinton LP Inc. (Skale Developments)
Subject:
Request to amend the Official Plan – Refusal of request
Description:
To permit a 21-storey, 128 unit residential building
Reference Number:
21 232259 NNY 15 OZ
Property Address:
537, 539, 541, 543, 545 & 547 Eglinton Avenue East & 59-61 Hoyle Avenue
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-002558
OLT Lead Case No:
OLT-21-001606
BEFORE:
S. BOBKA
Thursday, the 2nd
MEMBER
day of January, 2025
THESE MATTERS having come before the Tribunal for a hearing, in writing, on October 25, 2024, and having read the materials filed on consent of the Parties;
THE TRIBUNAL, having been advised by the Parties, 545 Eglinton LP Inc. (Skale Developments) (“Applicant”), the Hoyle Residents Group, Akelius Ltd. and the City of Toronto (“City”), that a settlement resolving all of the issues had been reached;
THE TRIBUNAL having received and considered:
i. the uncontested opinion evidence of David Charezenko, a Registered Professional Planner and full member of the Canadian Institute of Planners, in his comprehensive Affidavit sworn on September 10, 2024 and his supplemental Affidavit, sworn on November 8, 2024;
ii. the attached Exhibits to the sworn Affidavit and supplemental Affidavit of David Charezenko;
iii. the draft Official Plan Amendment and draft Zoning By-law Amendment; and,
iv. City Council’s Decision adopted July 19, 2023.
AND THE TRIBUNAL having accepted the uncontradicted Affidavit and supplemental Affidavit evidence of David Charezenko regarding the draft Official Plan Amendment and draft Zoning By-law Amendment in relation to the lands known municipally in the City of Toronto as 537-547 Eglinton Avenue East and 59-61 Hoyle Avenue, finds that the proposed instruments, and the proposal they facilitate, are consistent with, conform to, and are in keeping with applicable policies and guidelines of the Province of Ontario and the City of Toronto including:
i. The Planning Act, R.S.O. 1990, c. P.13;
ii. The Provincial Planning Statement, 2024;
iii. The City of Toronto Official Plan;
iv. The Yonge-Eglinton Secondary Plan (OPA 405);
v. The City-Wide Zoning By-law No. 569-2013;
vi. The Tall Building Design Guidelines;
vii. The Growing Up: Planning for Children in New Vertical Communities Guidelines; and,
viii. The Pet Friendly Design Guidelines and Best Practices for New Multi-Unit Buildings;
AND THE TRIBUNAL being satisfied that the proposed instruments, and the proposal they facilitate, achieve an appropriate balance of planning objectives related to intensification, infill, the efficient use of land and infrastructure, and the provision of a range of unit types within a strategic growth area and major transit station area;
AND THE TRIBUNAL finds that the proposed instruments, meet the required legislative tests, represent good planning, are in the public interest, and warrant approval, in principle, in accordance with the plans attached as Exhibit E to the Affidavit of David Charezenko, subject to the conditions agreed to by the Parties;
NOW THEREFORE
THE TRIBUNAL MAKES AN INTERIM ORDER THAT:
- The appeals by the Applicant pursuant to section 22(7) and 34(11) of the Planning Act are allowed, in part, on an interim basis, and the proposed Official Plan Amendment and Zoning By-law Amendment, are hereby approved, in principle, contingent upon confirmation, satisfaction, or receipt of those pre-requisite matters identified at paragraph [2] below;
- The Tribunal’s Final Order shall be withheld until such time as the Tribunal receives confirmation from the City Solicitor that the following conditions have been satisfied:
- The Official Plan Amendment and the Zoning By-law Amendment are in final form and content, to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning;
- The Owner has submitted an updated Computational Fluid Dynamics pedestrian level wind study, including the identification of any required mitigation measures to be secured in the Zoning By-law Amendment and through the Site Plan process, all to the satisfaction of the Chief Planner and Executive Director, City Planning;
- The Owner has submitted a satisfactory Hydrogeological Report, and Functional Servicing and Stormwater Management Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
- The Owner has satisfactorily addressed any outstanding issues raised by Engineering and Construction Services, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
- The Owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, 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 accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;
- The Owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template;
- The Owner has submitted a satisfactory Transportation Impact Study, including an acceptable Parking and Loading Study and Transportation Demand Management Strategy satisfactory to the General Manager, Transportation Services;
- If it is determined that there are affected rental housing units and/or dwelling rooms with existing tenants, the owner has submitted a tenant relocation and assistance plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and,
- If it is determined that a Rental Housing Demolition Application is necessary, that City Council, or the Chief Planner and Executive Director, City Planning where authorized to do so, has authorized the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, as applicable;
AND THE TRIBUNAL ORDERS that the Panel Member will remain seized for the purposes of reviewing and approving the final drafts of the Official Plan Amendment and the Zoning By-Law Amendment and the issuance of the Final Order;
AND THE TRIBUNAL ORDERS that it may, as necessary, arrange for further attendance by the Parties via telephone conference call to determine timelines and/or a deadline for the satisfaction of the contingent pre-requisites, or the issuance of the Final Order, if required;
AND THE TRIBUNAL ORDERS that it may be spoken to with respect to the implementation of this Interim Order and in the event that there are difficulties in satisfying the above conditions for the issuance of the Tribunal’s Final Order in respect of the above-mentioned appeals.
“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.