Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 23, 2025
CASE NO.: OLT-22-002490
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Augend Investments Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a new 24-storey residential building
Reference Number: 21 177893 STE 12 OZ
Property Address: 438-440 Avenue Road & 169-171B Balmoral Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-002490
OLT Lead Case No.: OLT-22-002490
OLT Case Name: Augend Investments Ltd. 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: Augend Investments Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a new 24-storey residential building
Reference Number: 21 177893 STE 12 OZ
Property Address: 438-440 Avenue Road & 169-171B Balmoral Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-002491
OLT Lead Case No.: OLT-22-002490
BEFORE:
WILLIAM R. MIDDLETON VICE-CHAIR
Thursday, the 23rd day of January, 2025
THIS MATTER, is in respect of certain applications regarding the lands municipally known as 438-440 Avenue Road & 169-171B Balmoral Avenue in the City of Toronto;
THE TRIBUNAL issued a Decision and interim order on June 26, 2023 (“Original Decision”) approving a 21-storey residential building (“Original Approval”) for the lands comprising 438 and 440 Avenue Road and 169, 171A and 171 B Balmoral Avenue (“Original Site”), with the Final Order withheld subject to conditions set out in the Original Decision;
AND THE TRIBUNAL having been subsequently advised by counsel for the appellant that the appellant has acquired the neighbouring lands at 173 Balmoral Avenue (the “173 Site”), and would like to incorporate the 173 Site into the development proposal for the Original Approval;
AND THE TRIBUNAL having been advised that the only changes to the Original Approval are as follows (the “Revised Proposal”):
- Added the 173 Site to the development proposal;
- Proposed three two-storey townhouses at grade, facing west;
- Setback for the townhouses from the property line is 5.5 meters on the south and west sides and 9.0 metres on the north side;
- Added a 3-meter landscape buffer on the west and south sides;
- Moved the exhaust air shaft on the northwest corner south, considering the landscape buffer around it;
- Replaced 2 units at the southeast corner with an indoor amenity;
- Revised the second-floor units on the west side;
- Stepback of 3 meters from the north, west, and south on levels 3 and 4; and
- Increased the total number of units by 9 (from 237 to 246 units).
- The Site Area has increased by 440 square metres
AND THE TRIBUNAL having received and accepted the uncontradicted evidence from Michael Goldberg through an affidavit sworn November 20, 2024, setting out his expert opinion in support of the Revised Proposal which includes revised architectural plans and revised Official Plan Amendment and Zoning By-law Amendment, and
AND THE TRIBUNAL having been advised that all parties to the appeals including the City of Toronto have consented to the Revised Proposal;
THE TRIBUNAL ORDERS THAT:
- The Revised Proposal, the Official Plan Amendment (“OPA”) appended to this Order as Attachment 1 and the Zoning Bylaw Amendment amending the City-wide Zoning By-law 569-2013 (“ZBA”) appended as Attachment 2 are approved in principle, subject to the following prerequisite conditions:
a) the final form and content of the draft OPA and ZBA are satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning;
b) the Owner has provided a Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;
c) the Owner at its sole expense has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report, 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; and
d) the Owner has revised its wind study for the proposed development in accordance with the City's terms of reference for wind studies to the satisfaction of the Chief Planner and Executive Director, City Planning.
The Tribunal will withhold the issuance of its Final Order approving the OPA and ZBA contingent upon confirmation by the counsel for the City and for the Appellant of the satisfaction of the pre-requisite conditions described above in paragraph 1.
This Vice Chair will remain seized in the event that the Parties require assistance with the implementation of these Interim Order and with respect to the issuance of the Final Order.
The Tribunal may, as necessary, arrange a further hearing event to determine any matters arising from the Interim Order, the satisfaction of the contingent pre-requisites and the issuance of the Final Order, and to deal with any other matters relating to the implementation of the Interim Order made herein.
“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.
ATTACHMENT 1
ATTACHMENT 2