Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 20, 2026 CASE NO(S).: OLT-25-000095
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Benny Stark Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit a mixed-use development comprised of seven buildings with 1818 units and a new a public park Reference Number: 21 228594 STE 09 OZ Property Address: 0, 119-125, 144, 160 & 200 Benny Stark Street and 116-122 Turnberry Avenue, Toronto Municipality/UT: Toronto OLT Case No.: OLT-25-000095 OLT Lead Case No.: OLT-25-000095 OLT Case Name: Benny Stark 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: Benny Stark Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a mixed-use development comprised of seven buildings with 1818 units and a new a public park Reference Number: 21 228594 STE 09 OZ Property Address: 0, 119-125, 144, 160 & 200 Benny Stark Street and 116-122 Turnberry Avenue, Toronto Municipality/UT: Toronto OLT Case No.: OLT-25-000096 OLT Lead Case No.: OLT-25-000095 OLT Case Name: Benny Stark Limited v. Toronto (City)
Heard: February 11, 2026 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Benny Stark Limited. (“Applicant/Appellant”) | Michael Foderick, Belinda Schubert |
| City of Toronto (“City”) | Cameron McKeich, Horatio Waller |
| Toronto and Region Conservation Authority (added Party/“TRCA”) | Matthew Rutledge |
MEMORANDUM OF DECISION DELIVERED BY T.F. NG ON FEBRUARY 11, 2026 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The matter before the Tribunal was a hearing to consider a settlement proposal (“Proposal”) of the Appellant’s appeals of an Official Plan Amendment (“OPA”), and a Zoning By-law Amendment (“ZBA”) of the City of Toronto Zoning By-law No. 569-2013 (“ZBL”) (referred to as the “Applications”).
2The purpose of the Applications was to facilitate the development of a mixed-use development comprising seven buildings and a public park with: four residential towers of 22, 24, 38 and 46 storeys; three mid-rise buildings of 8 to 10 storeys; and three blocks of 3-storey townhouses; on lands municipally known as 0, 119-125, 144, 160 & 200 Benny Stark Street and 116-122 Turnberry Avenue (“Subject Lands/Site”) in the City of Toronto (“City”).
3Paul Lowes, a Registered Professional Planner, swore an Affidavit on February 4, 2026, on behalf of the Appellant in support of the Settlement on consent. The Affidavit was marked as Exhibit 1.
4The Tribunal, having reviewed the Proposal by consent of the Parties, and the documents and the uncontested testimony of Mr. Lowes, allows the appeals in part, on an interim basis, for the reasons set out below.
PLANNING EVIDENCE
5Mr. Lowes described the background to the OPA, ZBA, and the Proposal to the Tribunal. He reviewed the legislative and policy framework in support of the proposed applications and revisions leading to the Proposal. The relevant policy framework includes the Provincial Planning Statement, 2024 (“PPS”), the City’s Official Plan (“OP”) and Official Plan Amendment 537 (“OPA 537”).
AREA CONTEXT
6The Subject Lands are currently used to store vehicles written off due to accidents or recovered from thefts.
7The Site is located at the terminus of Benny Stark Street. It is located northwest of the St. Clair Avenue West and Old Weston Road intersection and approximately 300 metres (“m”) north of the new St. Clair-Old Weston Union Pearson Express Station.
8The Site is made up of five parcels with a total area of 4.41 hectares (“ha”) (10.89 acres) after the expropriation of Gunns Road.
9The surrounding area contains a mix of residential uses with employment uses generally along St. Clair Avenue West and the rail corridor.
10North of the Site are low-rise residential uses consisting primarily of detached and semi-detached dwellings ranging from 2 to 3 storeys with peaked roofs along Lavender Road. Further north are low-rise commercial uses and an apartment building.
11East of the Site is the Toronto Paramedic Services. Further east is a relatively new residential subdivision primarily made up of 2-3 storey semi-detached dwellings, and Turnberry North Park.
12South of the western portion of Site is used for outdoor storage of vehicles. This property forms part of the planned Gunns Road extension. Meanwhile, the property south of Turnberry Avenue is a one-storey industrial building used as an automotive shop.
13West of the Site is a wooded area containing an intermittent stream that is part of the Lavender Creek System. Further west is a low-rise employment building and the CNR/CPR rail corridor.
14OPA 537 designated the plan area as a Protected Major Transit Station Area (“PMTSA”).
15The Site is designated Mixed Use Areas, Parks, and Other Open Space Areas on Land Use Map 17 and on Map 1 – Land Use Plan in the Keele St. Clair Secondary Plan.
16Map 1 also identifies the lands as an Employment Priority Area which requires a minimum non-residential gross floor area equivalent to 1.0 times the net site area or 15% of the total gross floor area of the proposed development, whichever is less.
17The Site is included within the Station North on Map 2 – Structure Plan of the Keele St. Clair Secondary Plan.
THE REVISED PROPOSAL
18Like the original applications, the Proposal continues to provide a high-quality, pedestrian-oriented, mixed-use development consisting of various residential podiums and towers, mid-rise buildings, townhomes, new commercial spaces, new streets, as well as the extension of Keele Street and Gunns Road.
19The Proposal provides opportunity for the City to deliver the future Keele Street extension through the ultimate grading solution and a future expropriation. In the interim, the Proposal provides for the connections of Streets A and B through an interim laneway and interim grading, including a pedestrian connection to existing Keele Street, as shown in the Updated Slope Stability Report.
20The Proposal includes a 0.47 ha public park located on the east side of Benny Stark Street, similar to the area designated “Parks” on the Land Use schedule of the OP and links to Turnberry North Park to the east. The Park is proposed to be zoned Open Space (O) as shown on the Draft ZBA. The park could be expanded by the City in the future through the conversion of the rear portion of the adjacent City-owned EMS facility. The proposed park represents 10% of the total Site Area, and 15% of the net site area.
21The proposed park acts as an appropriate transition to the adjacent low-rise residential neighbourhoods to the north and east.
22The Proposal maintains the lands along the Lavender Creek Valley as open space as per the OP land use designation and is zoned Open Space - Natural Zone (ON), as illustrated on draft ZBA.
23The Proposal has a total gross floor area of 188,764 square metres, which results in an Floor Space Index (“FSI”) of 4.18.
24The Proposal will introduce 2,516 residential units across four blocks.
25TRCA’s concerns with the original proposed development’s treatment of the top of bank were addressed through the Proposal by including interim and ultimate grading scenarios to accommodate the Keele Street extension. An interim grading solution was proposed to enable development to proceed in advance of the Keele Street extension, unless the City constructs the Keele Street extension to the ultimate grading scenario first.
26The Participant’s concerns on the number of buildings, buildings’ height, traffic impact and shadowing have been addressed by Mr. Lowes in oral testimony and through his Affidavit.
27The draft OPA and ZBA implementing the Proposal were provided. City Staff have not had the opportunity to provide comments and as such, the draft instruments are subject to change before the parties request a Final Order from the Tribunal.
ANALYSIS/FINDINGS
28The Tribunal accepts and agrees with the uncontradicted testimony of Mr. Lowes and his land use planning opinion.
29The Tribunal finds that the Proposal has proper regard for the matters of Provincial interest as set out in section 2 of the Planning Act (the “Act”). In particular, sections: 2(a) on the protection of ecological systems, including natural areas, features and functions, 2(h) on the orderly development of communities, 2(j) on the adequate provision of a full range of housing, 2(p) on the appropriate location of growth and development, 2(q) on the promotion of development that supports public transit and is oriented to pedestrians, and 2(r) on the promotion of built form that is well-designed and encourages a sense of place.
PPS
30Mr. Lowes opined, and the Tribunal agrees, that the Proposal is consistent with the PPS.
a. Section 2.2 of the PPS sets out that municipalities should support housing by accommodating a range and mix of housing options and should promote densities that make efficient use of infrastructure, public service facilities, and support active transportation, as well as requiring transit-supportive development and prioritizing intensification.
b. The proposed development will further diversify the City’s housing stock by providing a range of unit types from one to three-bedroom units in a variety of building typologies ranging from townhouses to high-rises. The proposal will provide 1,317 one-bedroom units, 913 two-bedroom units, 286 three-bedroom units. The range of unit sizes will accommodate a variety of household sizes and incomes. The 286 three-bedroom units (11% of total units) will provide family-sized housing units, meeting the diverse needs of young and old families as directed by the City’s Growing Up Guidelines.
c. The proposed density with an FSI of 4.18 represents an appropriate transit supportive level of intensification and will make efficient use of the significant infrastructure investment in the new St. Clair-Old Weston UP Station.
d. Section 2.4 of the PPS sets out policies for planning Strategic Growth Areas, including that Strategic Growth Areas should accommodate a significant amount of population and employment growth, be the focal areas for commercial and recreational uses, support transit, and provide for affordable and equitable housing.
e. The Site is located within the St. Clair-Old Weston PMTSA, implemented through OPA 537, and will be serviced by UP Transit service. As such, the Site is part of a Strategic Growth Area where growth is to be directed.
f. Section 2.4.2 of the PPS provides policies for PMTSAs setting out a minimum density target of 150 residents and jobs combined per hectare for PMTSA served by commuter or regional rail.
g. The Proposal will introduce a mixed-use transit-oriented high-rise development, well in excess of the minimum PMTSA density.
h. Policy 4.1.1 requires natural features and areas to be protected for the long term while Policy 4.1.5 requires that development and site alteration not be permitted in significant valley lands unless it has been demonstrated that there will be no negative impact on the natural features or their ecological functions. The Proposal maintains the natural area along Lavender Creek in an ON Zone which protects the ecological systems and functions along the creek valley. Interim grading which provides for the connections of Streets A and B and a pedestrian connection has been reviewed and accepted by TRCA. In addition, the agreed conditions set out include requirements for a revised Natural Heritage Impact Study and a stewardship plan and restoration plan (that will be informed by the Natural Heritage Impact Study) to ensure that any impact on the ravine is compensated through new planting and other mitigation on the Site, as appropriate.
City OP
31Mr. Lowes stated and the Tribunal agrees that this proposed development conforms with the OP as follows:
a. The City OP designates the Site “Mixed Use Areas”, “Parks”, and “Other Open Space Areas” on Map 17 Land Use.
b. Policy 4.5.2 a. sets out that Mixed Use Areas will create a balance of commercial, residential, institutional, and open space uses that reduces automobile dependency. The Proposal is a mixed-use residential development supported by non-residential space at grade, within a 5-minute walk to higher-order transit. The Site’s proximity to existing transit along St. Clair Avenue West and planned rapid transit has the potential to reduce automobile-dependency and encourage the use of both transit and active transportation, conforming to this policy.
c. Policy 4.5.2 b. states that Mixed Use Areas provide for new jobs and homes on underutilized lands. The Proposal will revitalize a car auction site with substantial outdoor storage into a mixed-use development with 9,408 square metres of non-residential space and 2,516 residential units. As such, the Proposal strikes a balance of creating new jobs and homes within an emerging mixed-use neighbourhood anchored by a new St. Clair-Old Weston UP Station.
d. Policies 4.5.2 c., d., e., f. seek to locate and mass buildings to provide a transition between different densities, particularly to lower scale Neighbourhoods, limit shadow impacts, and locate buildings to frame streets. The Proposal transitions in density, with the tallest tower of 48-storeys located in the northwest corner of Block 3 along the future Keele Street, which provides a transition eastward to a 40-storey building in Block 3, and then to a 29-storey tower in Block 4, which further transitions to 8 and 6-storey components to the adjacent EMS (Emergency Medical Services) lands. A similar transition occurs northward from the 48-storey tower located in Block 3, which transitions to towers at 22 and 28-storeys as well as mid-rise buildings at 8 and 10-storeys in Block 2, and then to 3-storey townhouses in Block 1.
e. With the Keele Street extension and the rail corridor to the west, there are no anticipated adverse impacts associated with the heights. Further, by locating the tallest towers furthest away from the proposed public park and the existing low-rise neighbourhood, shadow impacts are also mitigated.
Keele-St.-Clair Secondary Plan (OPA 537)
32Mr. Lowes explained that Chapter 6 of the OP includes the Keele-St. Clair Secondary Plan, which sets out a vision for the creation of a complete community anchored by the new St. Clair-Old Weston UP Station and incorporates a new road network including the Keele Street and Gunns Road extensions.
33The General Policies of the Keele-St. Clair Secondary Plan (1.2) set out that development will enhance and expand the public realm through new streets, parks and open spaces and provide non-residential spaces. The Proposal conforms by implementing the Secondary Plan’s planned street network, introducing a new public park and maintaining the natural open space along the Lavender Creek System.
34General Policy 1.2 f) states that the secondary plan will support the creation of complete communities by supporting transit-oriented densities. The OPA and ZBA permit a development that exceeds the minimum densities set out in Map 2 Minimum Densities in the St. Clair-Old Weston PMTSA.
35General Policy 1.2 h) states that the secondary plan will support the creation of complete communities by providing a range of housing types, tenures and levels of affordability. The OPA and ZBA facilitate the introduction of 2,516 residential units in a mix of one, two, and three bedrooms, in low-rise, mid-rise and high-rise buildings.
36Section 3 states that development adjacent to parks and open space will provide appropriate setbacks and interfaces, maximize public access, and maximize sunlight (policy 3.6). The Proposal has been designed with appropriate setbacks, tower location, and stepbacks to maximize sunlight on the proposed public park, as demonstrated by the shadow study. The proposed park is also located along the Benny Stark Street frontage, which maximizes public access to it.
37Section 6 of the Keele-St. Clair Secondary Plan sets out policies to encourage affordable housing. The Proposal provides a full range of housing options from ground-related housing units to apartment units in mid-rise and tall buildings. The smaller apartment units could provide a more affordable housing option in the community.
38Map 2 Structure Plan of the Secondary Plan includes the Site within the Station North area. Policy 8.12 of the Secondary Plan states that the Station North area will include a variety of building types and heights, with a maximum tall building height of approximately 35 storeys.
39The Proposal contemplates a maximum tower height up to 48-storeys, although this is taller than 35-storeys, the additional height and density is warranted as the Site is within walking distance to a planned higher-order transit station and light rail along St. Clair Avenue West. In addition, the large site enables a mix of low-rise, mid-rise and tall residential, which provides a transition in height downwards towards the adjacent Neighbourhoods enabling increased heights and densities closest to the proposed St. Clair-Old Weston UP Station.
40No undue adverse impacts are created by the tall buildings in terms of shadow on adjacent neighbourhoods or public spaces due to the size of the slender towers and their location on the site. The large Site area provides the opportunity to accommodate additional tall building height without impact on the surrounding community. As such, the Proposal represents a compatible design and transition in heights.
Site and Area Specific Policies (SASP 630)
41Mr. Lowes emphasized that Chapter 8 of the OP contains policies for Major Transit Station Areas and PMTSA, as well as Site and Area Specific Policies.
42Policy 7 b) of Apartment Neighbourhoods, Mixed Use Areas and Regeneration Areas of Chapter 8 permits building heights of up to 20-storeys for sites within 200 to 500 m of existing or planned transit stations. Policy 7 c) further states that additional height without an amendment is permitted if the site can provide elements such as new public streets, new parks, publicly accessible open spaces, mid-block connections, public art and a mix of building types and heights.
43Much of the Site is located within 500 m of the planned St. Clair-Old Weston UP Station. The Proposal conforms to Policy 7 c) by providing a new public park, two new public streets (Streets “A” and “B”), a publicly accessible mid-block open space in Block 2, while also incorporating a mix of building types and heights.
44SASP 630 provides additional policies for the PMTSA – St. Clair-Old Weston Station. SASP 630 delineates the PMTSA boundary, sets out a minimum density target of 200 residents and jobs combined per hectare, as well as a minimum FSI for specific sites, including a minimum FSI for the Subject Site ranging from 0.5 to 2.0.
45The Proposal conforms with the minimum FSI, with an overall site FSI of 4.18, which is a much higher density within 500 m of the St. Clair-Old Weston UP Station.
46Mr. Lowes opined that the OPA and ZBA, have appropriate regard for matters of provincial interests, are consistent with the PPS and conform to the OP and represent good planning in the public interest and should be approved in principle, subject to conditions.
Summary
47The Tribunal finds that the Proposal is an optimization of an underutilized site. The contemplated intensification of residential and non-residential uses is encouraged by the provincial policies.
48The Site is large enough to accommodate the proposed number of blocks and the large number of units to be constructed with the objective of meeting the growth target set for the City.
49The Proposal’s location and massing of the tallest building towers away from the northern low-rise areas and the eastern parks areas demonstrate careful planning that take into consideration height transition where the highrise towers are located toward the northwest and interior, and midrise towers and the townhouses are designed to locate toward the adjacent low-rise neighbourhood and parks.
50There is thus minimal shadowing impact on the adjacent lowrise properties and on the public parks meant for recreational activities of the community.
51As the Site is within a PMTSA and proximate to the future St. Clair Old Weston UP express station, existing and future residents will be a community that will be less dependent on private vehicles and instead be a supportive residential community reliant on active and public transportation.
52Additionally, with the availability of the public parks and open spaces, and a greener development, the proposed mixed-use development will result in a healthy and complete community.
53The proposed development conserves the natural heritage functions, takes advantage of existing and planned infrastructure, provides intensification and targeted growth through a well-designed compact built form that is appropriate to the area. The Proposal expands the housing stock by providing a range of residential units in keeping with the Growing Up Guidelines.
CONCLUSION
54The Tribunal is satisfied that the Proposal represents good planning and that the proposed OPA and ZBA have regard for the matters of Provincial interest as set out in section 2 of the Act, are consistent with the PPS and conform to the OP.
55The Tribunal will grant the appeals in part and approve the proposed OPA and ZBA in principle subject to conditions.
INTERIM ORDER
56THE TRIBUNAL ORDERS THAT the Appeals are allowed in part, and:
- That the proposed draft Official Plan Amendment and proposed draft Zoning By-law Amendment attached as Attachment 1 and Attachment 2 to this Order, are approved in principle, with the Final Order being withheld until the Tribunal has received written confirmation from the City that the following conditions have been satisfied:
(a) The final form and content of the draft Official Plan Amendment is to the satisfaction of the Executive Director, Development Review and the City Solicitor;
(b) the final form and content of the draft Zoning By-law Amendment is to the satisfaction of the Executive Director, Development Review and the City Solicitor;
(c) the Applicant/Appellant has, at their sole cost and expense:
a. submitted a revised Functional Servicing, Stormwater Management, and Hydrogeological Reports for review and acceptance to the satisfaction of the Director, Engineering Review, in consultation with the Chief Engineer and Executive Director, Development Review and the General Manager, Toronto Water; the reports will determine whether the municipal water and fire flow, sanitary and storm sewer capacity can support the proposed development, taking into account other proposed development in vicinity to the Development, and whether upgrades or improvements of the existing municipal infrastructure are required; and
b. entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, to the satisfaction of the City, should it be determined that upgrades and road improvements are required to support the Development, according to the Transportation Impact Study accepted by the Executive Director, Development Review and the Functional Servicing Report accepted by the Director, Engineering Review, Development Review in consultation with the General Manager, Toronto Water (which for greater clarity shall not include any construction, security or conveyance of any kind related to the Transportation Master Plan which contemplates the creation of a Keele Street and Gunns Road extension);
(d) the Applicant/Appellant has submitted a revised Transportation Impact Study and Transportation Demand Management Plan to the satisfaction of the Executive Director, Development Review, in consultation with the General Manager, Transportation Services;
(e) the Applicant/Appellant has submitted a revised Compatibility Mitigation, Environmental Noise Feasibility and Railway Vibration Studies including peer review to the satisfaction of the Executive Director, Development Review;
(f) the Applicant/Appellant has made revisions to meet the Toronto Green Standard requirements current as at the time of zoning application, if applicable, to the satisfaction of the Executive Director, Development Review;
(g) the Applicant/Appellant has submitted a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner, City Planning and Executive Director, Development Review;
(h) the Applicant/Appellant has submitted a revised Natural Heritage Impact Study to the satisfaction of the Chief Planner and Executive Director, City Planning;
(i) the Applicant/Appellant has submitted a stewardship plan and restoration plan informed by the Natural Heritage Impact Study, to ensure that any impact on the ravine is compensated through new planting and other mitigation on the Subject Property, to the satisfaction of the Chief Planner and Executive Director, City Planning;
(j) the Applicant/Appellant has submitted an Arborist Report, and Tree Preservation Plan to the satisfaction of the Executive Director, Environment, Climate and Forestry;
(k) the Applicant/Appellant has submitted a phasing plan to demonstrate the order in which the various phases of development would be delivered, to the satisfaction of the Executive Director, Development Review;
(l) the Applicant/Appellant and the City have entered into an agreement pursuant to Subsection 37(7.1) of the Planning Act to address the provision of the Child Care Facility to the satisfaction of the Executive Director, Development Review, the General Manager, Children's Services and the City Solicitor, with such agreement to be registered on title to the Subject Property (provided that once the facility is delivered the City will not resist an application to de-register the agreement on title to Blocks 1, 3 and 4); and
(m)the Applicant/Appellant has submitted an updated Geotechnical Study and/or Erosion Hazard Assessment to the satisfaction of the Chief Planner and Executive Director, City Planning and the Toronto and Region Conservation Authority.
The final drafts Official Plan Amendment and the Zoning By-law Amendment shall be forwarded to the Tribunal for approval prior to issuance of final order.
The Parties are to update the Tribunal on the status of the finalization of the drafts Official Plan Amendment and the Zoning By-law Amendment within 180 days of the date of this Order.
57The Tribunal may be spoken to on any matter arising in the implementation of this Order.
“T.F. Ng”
T.F. NG VICE-CHAIR
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.
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