Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 24, 2025
CASE NO(S).: OLT-24-000906
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2600546 Ontario Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 21-storey mixed use building including 263 dwelling units and 213 square metres of ground floor retail.
Reference Number: 23 213844 STE 04 OZ
Property Address: 1304-1318 King Street West and 143-145 Cowan Avenue
Municipality/UT: Toronto
OLT Case No.: OLT-24-000906
OLT Lead Case No.: OLT-24-000906
OLT Case Name: 2600546 Ontario Inc. 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: 2600546 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 21-storey mixed use building including 263 dwelling units and 213 square metres of ground floor retail.
Reference Number: 23 213844 STE 04 OZ
Property Address: 1304-1318 King Street West and 143-145 Cowan Avenue
Municipality/UT: Toronto
OLT Case No.: OLT-24-000907
OLT Lead Case No.: OLT-24-000906
OLT Case Name: 2600546 Ontario Inc. v. Toronto (City)
Heard: June 9, 2025, in Writing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2600546 Ontario Inc. (“Appellant”) | Eileen P.K. Costello Anna Lu, Co-Counsel |
| City of Toronto | Jamie Dexter Jyoti Zuidema |
DECISION DELIVERED BY SHARON L. DIONNE AND INTERIM ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION AND BACKGROUND
1The matters before the Tribunal are appeals of Applications for an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”), pursuant to s. 22(7) and s. 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”) due to the Council of the City of Toronto’s (“City”) refusal of the Applications. The affected lands are comprised of two parcels of land municipally known as 1304-1318 King Street West and 143-145 Cowan Avenue, in the City of Toronto (“Subject Site”).
2The Subject Site is located at the northeast corner of King Street West and Cowan Avenue in the Parkdale Neighbourhood in Toronto. At present, there is an existing two-storey mixed-use building at 1304-318 King Street West with several non-residential units on the ground level and eight (8) rental residential dwelling units above. Additionally, there is a vacant, partially constructed three-storey building at 145 Cowan Avenue.
3The Applications seek to re-develop the Subject Site for a 21-storey mixed-use tower, inclusive of a 6-storey base building, resulting in an overall building height of 72.31 metres (“m”) excluding the mechanical penthouse (the “Original Proposal”). A Rental Housing Demolition and Conversion application was submitted concurrently with the Applications.
4By way of background, City Council refused the Applications on May 22, 2024, however also directed the City to make use of mediation, or other dispute resolution techniques to attempt to resolve the issues on the Applications.
5On April 23 and 24, 2025, City Council approved a “Settlement Proposal”, in principle, contingent upon the fulfilment of certain conditions.
6The “Settlement Proposal” includes an18-storey mixed-use building, consisting of a one to eight-storey base building with a taller element above, with an overall height of 57.0 m, exclusive of the mechanical penthouse. The building is proposed to have a total Gross Floor Area (“GFA”) of 14,850 square metres (“m2.”), of which approximately 14,517 m2 will be for residential uses and 333 m2 for non-residential uses. The overall site density proposed is 9.31 Floor Space Index (“FSI”), based on the site area of 1,594.4 m2. There are eight replacement rental residential dwelling units proposed, in the form of one studio unit, three one-bedroom units, and four two-bedroom units.
7The Parties are seeking the Tribunal’s approval, in principle, of the Settlement Proposal and have filed with the Tribunal a draft OPA and a draft ZBA to facilitate the re-development of the Subject Site. The City requested that the Tribunal withhold its Final Order until the City Solicitor has advised that certain conditions, as detailed in the Interim Order, have been met.
8The Participant Statements, including Supplemental Statements, of the Participants listed in Attachment 2 to the Procedural Order governing the proceedings on the appeals have been reviewed and considered by the Tribunal in the context of the Settlement Proposal before it. In summary, there are land use planning concerns related to the proposed height, massing and density of development and its fit within the surrounding context; shadow and wind impacts; traffic, parking and safety concerns; housing unit mix and provision of affordable housing; loss of commercial-retail space; and whether or not what is being proposed constitutes good planning and is in the public’s interest.
EVIDENCE AND FINDINGS
9The Tribunal qualified Courtney Heron-Monk, a Registered Professional Planner (“RPP”) and Full Member of the Canadian Institute of Planners (“CIP”), upon consideration of Ms. Heron-Monk’s (the “Planner”) CV and signed Acknowledgement of Expert’s Duty, to provide opinion evidence in the area of land use planning in respect of the matters before it.
10The Tribunal accepts and relies upon the uncontradicted opinion evidence of the Planner as provided in the Planner’s Affidavit, sworn on June 6, 2025, and marked as Exhibit 1, and which includes the following:
a. The opinion evidence of the Planner, which is comprehensive in its comparison of the Settlement Proposal with the Original Proposal, as well as the merits of the Settlement Proposal in the context of the statutory requirements under the Act and the applicable provincial and municipal plans, policies, and guidelines;
b. The architectural concept plans prepared by BDP Quadrangle, dated April 2, 2025, and as attached as Exhibit “G” (attached to this Decision as Attachment 1);
c. A draft OPA is attached as Exhibit “J” (attached to this Decision as Attachment 2);
d. A draft ZBA to the City-wide Zoning By-law No. 569-2013 is attached as Exhibit “K” (attached to this Decision as Attachment 3);
e. The Appellant’s ‘without prejudice’ settlement offer letter dated April 2, 2025, as attached as Exhibit “F”; and,
f. A City Council resolution accepting the without prejudice offer to settle, adopted at Council’s meeting of April 23 and 24, 2025, and attached as Exhibit “I”.
11The Tribunal is satisfied that the Settlement Proposal before it has been revised to better align with provincial and municipal planning policy based on the cooperative efforts of the Parties.
12The Tribunal considered the Planner’s detailed response to the comments provided by the Participants. The Tribunal recognizes that the Settlement Proposal, if approved, will result in some impacts and change within the Parkdale neighbourhood. However, based on the evidence before it, the Tribunal is satisfied that the land use planning issues will be adequately addressed by way of the revisions to the Original Proposal, which have culminated in the Settlement Proposal, and the fulfilment of the City’s requested conditions.
13The Tribunal finds that the Settlement Proposal, to be implemented by way of the draft OPA and draft ZBA, subject to the fulfilment of the conditions set out in the Order, will optimize the use of the Subject Site in supporting growth and intensification within the Parkdale neighbourhood which leverages existing and planned transit infrastructure in a manner that incorporates a mix of land uses in a built form that will meet urban design guidelines so as to fit and be compatible with the existing and planned planning and built form context of this neighbourhood.
14With respect to the statutory requirements set out in the Act, the Tribunal finds that the Settlement Proposal and the draft OPA and draft ZBA, subject to the fulfilment of certain conditions requested by the City, and as recommended by the Planner, are consistent with the Provincial Planning Statement, 2024 (“PPS 2024”), conform with the City of Toronto Official Plan, and are in keeping with, and/or in the case of the ZBA conforms with, the City of Toronto Official Plan, as amended, subject to the fulfilment of the conditions. The Tribunal also finds that the Settlement Proposal has regard to the City’s relevant urban design guidelines and notes that there may be refinements as the architectural plans are finalized and that minor adjustments to the site-specific provisions in the draft ZBA may be necessary as a result.
15Further, the Tribunal finds that the Settlement Proposal, draft OPA, and draft ZBA have appropriate regard for matters of Provincial interest as set out in s.2 of the Act and the Tribunal is satisfied that they are in the public interest and represent good planning.
16The Tribunal finds that the proposed redevelopment of the lands known municipally in the City of Toronto as 1304 King Street West and 143 – 145 Cowan Blvd. is approved in principle in accordance with the plans attached as pages 181-183 of Exhibit “G” to the Affidavit of Courtney Heron-Monk filed with the Tribunal and appended to this Order as Attachment 1.
17The Tribunal makes its findings in accordance with s. 2.1 (1) of the Act, having considered that the Settlement Proposal has been endorsed by the City.
INTERIM ORDER
18THE TRIBUNAL ORDERS THAT the appeal pursuant to s.22(7) of the Planning Act is allowed, in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph [20] below, and the Draft Official Plan Amendment set out in Attachment 2 to this Interim Order, is hereby approved in principle.
19THE TRIBUNAL FURTHER ORDERS THAT the appeal pursuant to s.34(11) of the Planning Act is allowed, in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph [20] below, and the Draft Zoning By-law Amendment set out in Attachment 3 to this Interim Order, is hereby approved in principle.
20The Tribunal will withhold the issuance of its Final Order contingent upon written confirmation from the City Solicitor of the following pre-requisite matters:
a. The final form of the Official Plan and Zoning By-law Amendments are to the satisfaction of the Executive Director, Development Review and the City Solicitor, including any appropriate holding (H) provisions;
b. Acceptable site and concept landscape plans have been provided to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services for the required streetscape works along King Street West and Cowan Avenue (including the reduction of the curb radius at the northeast corner of the intersection, in accordance with the City’s Curb Radii Design Guidelines);
c. Any other required plans, reports and studies have been revised to the satisfaction of the Executive Director, Development Review, the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the General Manager, Solid Waste Management Services with revisions, as may be necessary, implemented as part of the amending Zoning By-law, to the satisfaction of the Executive Director, Development Review; and,
d. City Council has approved Rental Housing Demolition Application 23 213845 STE 04 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 housing.
21The Member will remain seized for the purposes of reviewing and approving the final Official Plan and Zoning By-law Amendments and the issuance of the Final Order.
22If the Parties do not provide confirmation that all contingent pre-requisites to the issuance of the Final Order as set out in paragraph [20] above have been satisfied and do not request the issuance of the Final Order within 120 days from the date of this Interim Order, a written status report shall be provided to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the Official Plan and Zoning By-law Amendments and issuance of the Final Order by the Tribunal.
23The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadline for the submission of the final form of the instruments, the satisfaction of the contingent pre-requisites and the issuance of the Final Order.
“Sharon L. Dionne”
SHARON L. DIONNE 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