Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 09, 2025

CASE NO.: OLT-24-001246

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

Applicant and Appellant: Sanderling Developments Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To remove requirement to replace office gross floor area as part of rezoning application Reference Number: 24 164643 NNY 15 OZ Property Address: 586 Eglinton Avenue East Municipality/UT: City of Toronto OLT Case No.: OLT-24-001246 OLT Lead Case No.: OLT-24-001246 OLT Case Name: Sanderling Developments Limited 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: Sanderling Developments Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit development of a 32-storey mixed-use building with 249 residential units Reference Number: 21 219614 NNY 15 OZ Property Address: 586 Eglinton Avenue East Municipality/UT: City of Toronto OLT Case No.: OLT-22-004851 OLT Lead Case No.: OLT-24-001246 OLT Case Name: Sanderling Developments Limited v. Toronto (City)

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

Appellant: Sanderling Developments Limited Subject: Site Plan Description: To permit development of a 32-storey mixed-use building with 249 residential units Reference Number: 21 237238 NNY 15 SA Property Address: 586 Eglinton Avenue East Municipality/UT: City of Toronto OLT Case No.: OLT-22-004852 OLT Lead Case No.: OLT-24-001246

BEFORE:

ERIC S. CROWE ) Thursday, the 4th MEMBER ) day of September, 2025

THESE MATTERS, in respect of appeals by Sanderling Developments Limited pursuant to s. 22(7), s. 34(11) of the Planning Act and s. 114(15) of the City of Toronto Act due to the failure of the City of Toronto (“City”) to make a decision within the statutory timeframes for the proposed Official Plan Amendment, (“OPA”), Zoning By-law Amendment (“ZBA”) and Site Plan Application for the lands at 586 Eglinton Avenue East in the City of Toronto (“City”), having come for a Case Management Conference on March 26, 2025 before the Ontario Land Tribunal (the “Tribunal”) and the Tribunal having issued a Decision on April 1, 2025;

AND THE TRIBUNAL, having been advised by Sanderling Developments Limited, Metro Real Estate Limited, and the City (“Parties”) that a full uncontested settlement had been reached, on consent;

AND THE TRIBUNAL, having received and considered:

i. A comprehensive Affidavit, sworn on August 29, 2025 by David Charezenko, a Registered Professional Planner and full member of the Canadian Institute of Planners;

ii. The Settlement Proposal as between the Parties.

AND THE TRIBUNAL, having accepted the uncontradicted expert land use planning opinion evidence of David Charezenko;

AND THE TRIBUNAL, having been advised that the Parties request the Tribunal approve, in principle, the proposed development as per the Settlement Plans;

AND THE TRIBUNAL, having been advised that the Parties are jointly requesting that the final form of the draft OPA and ZBA is subject to review by City staff prior to issuance of the Final Order from the Tribunal;

AND THE TRIBUNAL, finding that the requested OPA and ZBA, as revised by the settlement proposal, meet the required legislative tests, represent good planning, are in the public interest, and warrants approval for 586 Eglinton Avenue East;

NOW THEREFORE

THE TRIBUNAL ORDERS

1. That the appeals of the failure of the City to make a decision with respect to the OPA and ZBA applications, made pursuant to Sections 22(7) and 34(11) of the Planning Act, R.S.O, 1990, c. 13, as amended, respectively, are allowed in part;

2. That the amendment to the City Official Plan attached to this Order as “Appendix 1” is approved, in principle and that the amendment to City Zoning By-law 569-2013 attached to this Order as “Appendix 2” is approved in principle, with the Final Order withheld for both until the Tribunal is advised by the City Solicitor that:

• the proposed Official Plan and Zoning By-law Amendments are in a final form and content satisfactory to the Chief Planner and Executive Director, Development Review and City Solicitor;

• the owner has submitted a revised Transportation Management Plan acceptable to, and to the satisfaction of, the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services;

• the owner has submitted a Methane Gas Investigation Report acceptable to, and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and that such matters arising from such study be secured if required;

• the owner has submitted a revised 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 control process, to the satisfaction of the Chief Planner and Executive Director, City Planning;

• the owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning;

• the owner has entered into one or more agreement(s) with the City to secure the Affordable Rental Housing Units comprising a minimum residential gross floor area of 784 square metres on the terms and conditions in Appendix “A”, and has registered on title to the site a s.118 restriction under the Land Titles Act agreeing not to transfer or charge any of the lands without consent of the Chief Planner and Executive Director, City Planning, all to the satisfaction of the Chief Planner, and Executive Director, City Planning and the City Solicitor;

• the owner has satisfactorily addressed the Zoning By-law, Official Plan Amendment and applicable Site Plan Control matters in the Engineering and Construction Services Memorandum dated May 30, 2022 and November 7, 2024 or as may be updated, in response to further submissions filed by the owner, all to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services, and the General Manager, Transportation Services;

• the owner has provided vehicle maneuvering diagrams (VMDs) in respect of the proposed loading, parking and pick-up/drop-off spaces, as well as a pick-up/drop-off study, to the satisfaction of the General Manager, Transportation Services;

• the zoning by-law for the lands may include a holding provision and that an amending by-law to remove the holding symbol be enacted when the following are fulfilled:

o the owner and/or the applicant, at their sole cost and expense has submitted a revised Functional Servicing and Stormwater Management Report to demonstrate that the existing sanitary sewer system and watermain and any required improvements to them, have adequate capacity and supply to accommodate the development of the lands to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

o if the accepted Functional Servicing and Stormwater Management Report require any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either:

o the owner or applicant has secured the design, construction, and provision of financial securities for any new municipal infrastructure, or any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, to support the development, in a financial secured agreement, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; or,

o the required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted Functional Servicing and Stormwater Management Report are constructed and operational, all to the satisfaction to the Chief Engineer and Executive Director, Engineering and Construction Services; and

o all necessary approvals or permits arising from the above are obtained, where required, to the satisfaction to the Chief Engineer and Executive Director, Engineering and Construction Services.

3. That the Tribunal may be spoken to in the event some matter should arise in connection with the implementation of this Order; and

4. That the appeal of the failure of the City of Toronto to make a decision with respect to the Site Plan Control application is adjourned sine die. The Member is not seized.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN 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.

Appendix 1

Amendment NO XXX TO THE OFFICIAL PLAN LANDS MUNICIPALLY KNOWN IN THE YEAR 2024 AS 586 EGLINTON AVENUE EAST

The Official Plan of the City of Toronto is amended as follows:

1. Chapter 7, Site and Area Specific Policies, is amended by adding Site and Area Specific Policy XX for the lands known municipally as 586 Eglinton Avenue East in the year 2024.

XX. 586 Eglinton Avenue East

a) Despite Policy 2.5.7 of the Yonge-Eglinton Secondary Plan, development of the lands known municipally in 2024 as 586 Eglinton Avenue East may be permitted without replacing the existing office gross floor area, provided that such redevelopment includes 1,005 square metres of gross floor area as a combination of non-residential gross floor area and residential gross floor area used for affordable housing.

b) Any affordable units provided to satisfy (a) above will generally match the overall building unit mix, unless otherwise specified, to the satisfaction of the Chief Planner and Executive Director, City Planning.

Appendix 2

CITY OF TORONTO BY-LAW No. XXXX-2025 (OLT)

To amend Zoning By-law No. 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 586 Eglinton Avenue East

Whereas the Ontario Land Tribunal, by its Decision issued on XXX and its Order issued on XXX, in respect of Tribunal File OLT-24-001246, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, determined to amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 586 Eglinton Avenue East; and

Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, as amended, to pass this By-law; and

Whereas pursuant to Section 39 of the Planning Act, as amended, the council of a municipality may, in a by-law passed under Section 34 of the Planning Act, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited in the by-law.

The Ontario Land Tribunal Orders:

1. The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law;

2. The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law No. 569-2013, Chapter 800 Definitions;

3. Zoning By-law No. 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.10 respecting the lands outlined by heavy black lines to CR 2.5 (c2.0, r2.5) SS2 (xXXX), as shown on Diagram 2 attached to this By-law;

4. Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number [xXX] so that it reads:

Exception CR [xXX

The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:

Site Specific Provisions:

(A) On the lands municipally known as 586 Eglinton Avenue East, if the requirements of By-law [Clerks to insert By-law number] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (K) below;

(B) Despite regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 154.00 metres and the elevation of the highest point of the building or structure;

(C) Despite regulation 40.10.40.10(2), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 3 of By-law [Clerks to insert By-law number];

(D) Despite regulations 40.5.40.10(3) to (8) and (C) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law [Clerks to insert By-law number]:

i. equipment used for the functional operation of the building, including electrical, utility, mechanical and ventilation equipment, as well as enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, by a maximum of 8.0 metres;

ii. structures that enclose, screen, or cover the equipment, structures and parts of a building listed in (i) above, including a mechanical penthouse, by a maximum of 8.0 metres;

iii. architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 1.5 metres;

iv. planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 2.0 metres;

v. trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.5 metres;

(E) Despite regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 28,310 square metres, of which:

i. the permitted maximum gross floor area for residential uses is 28,100 square metres;

ii. the permitted minimum gross floor area for non-residential uses is 190 square metres;

iii. the permitted maximum gross floor area for non-residential uses is 210 square metres;

(F) Despite regulation 40.10.40.50(1) and (2), amenity space must be provided at the following rate:

i. A combined total of 3.5 square metres of indoor and outdoor amenity space per dwelling unit; and

ii. at least 40 square metres of outdoor amenity space must be in a location adjoining or directly accessible to the indoor amenity space.

(G) Despite regulation 40.10.40.70 (2), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law number];

(H) Despite Clause 40.10.40.60] and (G) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:

i. Cladding on an exterior main wall surface and juliette balconies, by a maximum of 0.5 metres;

ii. Guard rails, wind screens and privacy screens by a maximum of 3.0 metres

(I) Despite regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:

i. a minimum of 0 residential occupant parking spaces for each dwelling unit, but not exceeding the permitted maximum in Table 200.5.10.1 for dwelling units in a mixed use building in Parking Zone A;

ii. a minimum of 5 parking spaces for residential visitors;

iii. a minimum of 1 parking spaces for every 100 square metres of gross floor area devoted to non-residential uses, but not exceeding the permitted maximum in Table 200.5.10.1 for Tier 4 for a retail uses in Parking Zone A;

(J) Despite regulation 230.5.1.10(9), “long-term” bicycle parking spaces may be located anywhere below ground;

(K) Despite regulation 230.5.1.10(10), both “long-term” and “short-term” bicycle parking spaces may be located in stacked bicycle parking spaces.Prevailing By-laws and Prevailing Sections: (None Apply)

5. Despite any future severance, partition or division of the lot as shown on Diagram 1, the provisions of this By-law apply to the lot as if no severance, partition or division occurred.

6. None of the provisions of By-law 569-2013, as amended, or this By-law apply to prevent the erection or use of a temporary sales and/or leasing office or temporary construction office on the lands to which this By-law applies for a period of 3 years from the date this By-law comes into full force and effect, after which this temporary use permission expires.

Ontario Land Tribunal Decision issued on XXX and Ontario Land Tribunal Order issued on XXX in Tribunal Case No. OLT-24-001246