du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE: January 9, 2026
CASE NO(S).: OLT-24-001114
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 11 Pleasant Boulevard East Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 17-storey residential building
Reference Number: 21 117518 STE 12 OZ
Property Address: 11 Pleasant Boulevard
Municipality/UT: City of Toronto
OLT Case No.: OLT-24-001114
OLT Lead Case No.: OLT-24-001114
OLT Case Name: 11 Pleasant Boulevard East Ltd. v. Toronto (City)
Heard: December 8, 2025 in Writing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 11 Pleasant Boulevard East Limited | David Bronskill |
| City of Toronto | Kasia Czajkowski |
MEMORANDUM OF DECISION DELIVERED BY D. CHIPMAN ON DECEMBER 8, 2025, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This matter proceeded as a Settlement Hearing in writing as a result of the resolution reached through mediation between the Parties. The Appeal arises following a non-decision by the City in relation to a Zoning By-law Amendment (“ZBA”) application originally seeking to develop 17-storey (56.8m) residential building, including 87 residential dwelling, units on the Subject Site, which is municipally known as 11 Pleasant Boulevard (“Subject Site”).
2To support the Settlement Plan, the Tribunal, based on her Curriculum Vitae and Acknowledgement of Expert’s Duty forms, qualifies Ms. Hailey McWilliam to provided written opinion evidence in land use planning.
3Ms. McWilliam provided a fulsome overview of the Settlement Plan. The written materials before the Tribunal were combined into one document inclusive of Ms. McWilliam’s opinion evidence, settlement plan, supporting legislative framework and draft By-law, et al. (Exhibit 1)
SUBJECT SITE CONTEXT
4The Subject Site is located on the south side of Pleasant Boulevard, east of Yonge Street, and is comprised of a single property that is 0.05 hectares (525.4m2 ) in size with a 15.2 m of frontage on Pleasant Boulevard, 32.1 metres of frontage along a north-south public lane, and 12.8 m of frontage along an east-west public lane. The Subject Site currently contains a single storey building that is occupied by a Circle K convenience store with six parking spots.
5Pleasant Boulevard is a Local road that has a right-of-way of approximately 18.3 m adjacent to the Subject Site and contains two vehicular traffic lanes, one per direction, and sidewalks on both sides. On-street parking is prohibited in the vicinity of the site.
6The Subject Site has access to existing higher order transit and is located within the St. Clair PMTSA. Specifically, it is located directly across the street from the Pleasant Boulevard entrance to St. Clair station.
SETTLEMENT PROPOSAL
7The Settlement Plan will redevelop the Subject Site with a transit oriented proposal, which will result in the introduction of additional housing options within the St. Clair Protected Major Transit Station Area (“PMTSA”).
8The Settlement Plan incorporates a number of revisions including a building height that has been increased to 18-storeys (59.7 m) to accommodate a total of 89 dwelling units for a residential development including a total gross floor area (”GFA”) of approximately 5,829 m2, resulting in a net density of 12.0 Floor Space Index (“FSI”) based on a net site area of 485.9 m2 after a 1.173m lane widening is conveyed to the City to widen the adjacent north-south portion of the public lane.
9The Subject Site, will include 13 studio units (15%), 42 one-bedroom units (47%), 25 two-bedroom units (28%) and 9 three bedroom units (10%). Significantly, the proportion of large units (2- and 3-bedrooms) has been increased from 34% to 38% of the total unit mix. Amenity space will contain a total of approximately 356m2 for an overall ratio of 4.0m2 per dwelling unit.
10The setback from Pleasant Boulevard has been increased from 2.0 m to 3.0 m at grade, resulting in an approximate 7.77 m sidewalk zone (curb to building face) that now allows for street trees to be planted within the right of-way helping to achieve consistency with approved developments along the south side of Pleasant Boulevard. The streetwall has been decreased in height from 6 storeys to 5 storeys, with the stepback above the streetwall increased from 1.5 m to 3.0 m. In order to remove the perception of massing, the projecting balconies have been removed. In an effort to improve accessibility, the structural columns were removed from the north/south walkway on the western portion of the Site.
11The Settlement Plan proposes to impact the public realm by including, along the west lot line, a 1.17 m lane widening to expand and enhance the existing public lane as well as improvements to create a more accessible and pedestrian-friendly environment. The building is set back 3.0 m from Pleasant Boulevard at grade. Above the ground floor, Levels 2-5 cantilever above the ground floor by 1.5 m, reducing the setback to 1.5 m. A 3.0 m stepback is provided above Level 5, resulting in a 5-storey (20 m) streetwall. Along the west elevation, adjacent to the north south public laneway, the ground floor is set back 2.1 m to provide a walkway adjacent to the lane. With the exception of a 7.5 m wide lightwell along the west elevation, Levels 2-18 cantilever above the ground floor by 2.1 m, reducing the setback to 0 m.
EVIDENCE AND ANALYSIS
12The Tribunal considered the written evidence of Ms. McWilliam through which the Tribunal was advised that the approval of the Planning Instruments would have appropriate regard for matters of provincial interest under the Planning Act, would be consistent with the 2024 Provincial Planning Statement, the City Official Plan and would be in conformity with the City Policies and applicable Guidelines.
13The Application has appropriate regard to the applicable matters of provincial interest, in particular, the Subject Site is an appropriate location for high-density residential development and will contribute a range of new housing in a compact built form that supports the use of existing infrastructure, including higher order transit as the Subject Site is within the St. Clair PMTSA.
14The proposed development is consistent with the 2024 PPS with respect to the efficient use of land and infrastructure that seeks to optimize the use of infrastructure and encourage growth and intensification in strategic growth areas, particularly within major transit station areas.
15The Settlement Plan, and in particular, the proposed ZBA, is supportive of numerous policy directions set out in the Official Plan. Ms. McWilliam outlined and provided competent confirmation and illustration in her written evidence that the proposed ZBA meets the intent of the City’s Official Plan through various specific policies.
16In her written evidence, Ms. McWilliam concluded that the proposal will contribute towards the minimum density targets contained in the PPS and SASP 721, which identify a minimum target of 200 and 300 residents and jobs combined per hectare. In addition, the proposed net density of 12.0 FSI meets the 8 FSI density that will be permitted through City-initiated zoning per Policy 8(6) of the Official Plan.
17The Settlement Proposal has due regard for the Yonge St. Clair Planning Framework and Secondary Plan Policies by respecting the existing built form within Apartment Neighbourhoods. It includes a 1.17 m lane widening designed to enhance pedestrian safety and comfort along the laneway. Additionally, the proposal provides a 7.77 m sidewalk zone (curb to building face) along Pleasant Boulevard.
18Moreover, the ZBA has appropriate regard for the relevant urban design guidelines, including the Growing Up Guidelines.
CONCLUSION
19The Settlement Proposal will optimize the use of the Subject Site through the redevelopment of an underutilized commercial site with surface parking and will contribute additional housing options to the St. Clair PMTSA.
20The Settlement Proposal has regard for the matters of Provincial interest identified in Section 2 of the Planning Act and is consistent with the 2024 PPS. It conforms with the Official Plan, SASP 721, and the Yonge St. Clair Secondary Plan, and has appropriate regard for the Yonge St. Clair Planning Framework as well as the applicable City Guidelines.
ORDER
21THE TRIBUNAL ORDERS that the appeal is allowed, in part, and the Zoning By-law Amendment attached to this Interim Order as Attachment 1, is hereby approved, in principle and that the Final Order be withheld until such time as the City has reviewed and is satisfied with the form and content of the draft Zoning By-law Amendment.
22THE TRIBUNAL ORDERS that the final order be withheld, pending completion of the following pre-conditions,
a. Appendix 1
b. the form and content of the Zoning By-law Amendment is satisfactory to the Executive Director, Development Review and the City Solicitor;
c. the owner has submitted a revised Functional Servicing and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
d. the owner has entered into a Municipal Infrastructure Agreement to financially secure the construction of any improvements to the municipal infrastructure in connection with the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required; and
e. the owner has provided a revised Pedestrian Level Wind Study, with the identification of any required mitigation measures to be secured in the Zoning By-law Amendment and through the Site Plan Control process, all to the satisfaction of the Executive Director, Development Review.
23If the Parties do not submit the final draft of the Zoning By-law Amendment(s), and provide confirmation that the contingent pre-requisites to the issuance of the Final Order set out in Appendix 1 above have been satisfied, and do not request the issuance of the Final Order, by, Wednesday September 30, 2026, the Applicant and the City shall provide a written status report to the Tribunal by that date as to the timing of the expected confirmation and submission of the final form of the draft Zoning By-law Amendment(s) and request for issuance of the Final Order by the Tribunal. In the event the Tribunal fails to receive the required status report, and/or in the event that the contingent pre-requisites are not satisfied by the date indicated above, or by such other deadline as the Tribunal may impose, the Tribunal may then recall the Parties to explain why they have not complied with this Order.
24The Panel will remain seized for the purposes of reviewing and approving the final draft of the Zoning By-law Amendment and the issuance of the Final Order.
25The 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 instrument and the satisfaction of the contingent pre-requisites to the issuance of the Final Order.
“D. Chipman”
D. CHIPMAN
MEMBER
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