Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 29, 2026

CASE NO(S).: OLT-25-000084

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

Applicant and Appellant: Sequoia Stockyards GP Inc. and Sequoia Stockyards LP

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit the construction of 3 mixed-use residential towers

Reference Number: 21 196875 STE 09 OZ

Property Address: 1799 St. Clair Avenue W

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-25-000084

OLT Lead Case No.: OLT-25-000084

OLT Case Name: Sequoia Stockyards GP Inc. and Sequoia Stockyards LP 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: Sequoia Stockyards GP Inc. and Sequoia Stockyards LP

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the construction of 3 mixed-use residential towers

Reference Number: 21 196875 STE 09 OZ

Property Address: 1799 St. Clair Avenue W

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-25-000085

OLT Lead Case No.: OLT-25-000084

OLT Case Name: Sequoia Stockyards GP Inc. and Sequoia Stockyards LP v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Sequoia Stockyards GP Inc. and Sequoia Stockyards LP

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description: To permit the construction of 3 mixed-use residential towers

Reference Number: 21 196867 STE 09 SB

Property Address: 1799 St. Clair Avenue W

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-25-000086

OLT Lead Case No.: OLT-25-000084

OLT Case Name: Sequoia Stockyards GP Inc. and Sequoia Stockyards LP v. Toronto (City)

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

Appellant: Sequoia Stockyards GP Inc. and Sequoia Stockyards LP

Subject: Site Plan

Description: To permit the construction of 3 mixed-use residential towers

Reference Number: 22 140038 STE 09 SA

Property Address: 1799 St. Clair Avenue W

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-25-000087

OLT Lead Case No.: OLT-25-000084

OLT Case Name: Sequoia Stockyards GP Inc. and Sequoia Stockyards LP v. Toronto (City)

Heard: March 30, 2026 by video hearing

APPEARANCES:

Parties Counsel

Sequoia Stockyards GP Inc. and Sequoia Stockyards LP ("Appellant") Jason Park Daniel Angelucci

City of Toronto ("City") Horatio Waller Gabe Szobel

i2 Developments (Old Weston) Inc. ("Party") Jamie Cole Michael Foderick (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON MARCH 30, 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”), a Zoning By-law Amendment (“ZBA”), a Draft Plan of Subdivision (“DPS”), and Site Plan Approval (“SPA”) of the City (referred to as the “Applications”).

2The purpose of the Applications was to facilitate the development of three mixed-use residential towers on lands municipally known as 1799 St. Clair Avenue West (“Subject Site”) in the City.

3Counsel for the Appellant, Mr. Park, informed the Tribunal that the DPS and SPA appeals are to be adjourned sine die, while the Proposal is directed to the OPA and the ZBA appeals only. All Parties had consented to the Proposal.

4Amy Shepherd, a Registered Professional Planner, swore an Affidavit on March 20, 2026, in support of the Proposal (“Affidavit”). The Affidavit was marked as Exhibit 1. She addressed the Participant’s (Alexander Khan) concerns as regards access to the laneway, which will be maintained with the development.

5The Tribunal, having reviewed the Proposal, the documents, and Ms. Shepherd’s uncontested affirmed testimony, allows the OPA and ZBA appeals, in part, on an interim basis, for the reasons set out below.

PLANNING EVIDENCE

6Ms. Shepherd provided background information on the OPA, ZBA, and the Proposal. She reviewed the Applications and the Proposal against the legislative and policy framework. 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

7The Subject Site is located within the Weston-Pelham Park Neighbourhood (“Neighbourhood”). The boundary for the Neighbourhood can generally be described as the area extending from Lavender Road and Rowntree Avenue to the north, the Canadian National Railway to the east (east of Prescott Avenue and Wiltshire Avenue), the Canadian Pacific Railway to the south (south of Pelham Avenue and Kingsley Avenue), and the Canadian National Railway/Canadian Pacific Railway to the west (east of Weston Road and Keele Street). The Subject Site is also located within the Keele-St. Clair Secondary Plan (“KSCSP”) area.

8The Neighbourhood currently contains a broad mix of retail, commercial, industrial, institutional, and residential uses. The buildings range in age, style, and height.

9The following land uses and built forms are currently located adjacent to the Subject Site:

• To the immediate north and west is a section of undeveloped land, owned by the City and the St. Clair Avenue West right-of-way (“ROW”). Further north, on the north side of St. Clair Avenue West, are low-rise commercial and industrial buildings, an electric transformer station, and a single-detached residential dwelling.
• To the immediate south is a vacant lot, municipally known as 290 Old Weston Road, that has a Tribunal approval in place for a 29-storey residential building with 369 units and a standalone six-storey non-residential building. Collectively, the development has 27,438 square metres of proposed gross floor area. Semi-detached residential dwellings are located southeast, along the west side of Old Weston Road.
• To the immediate east is a public lane, a vacant lot (municipally known as 1797 St. Clair Avenue West), an auto collision centre, single-detached and semi-detached residential dwellings, and Old Weston Road. Further east, on the east side of Old Weston Road, are single-semi-detached houses, a Sikh temple within a two-storey commercial building, and a one-storey clothing donation centre at the corner of St. Clair Avenue West.
• To the immediate west are vacant City-owned lands that will accommodate the future Davenport Road Extension, a rail corridor comprising two sets of parallel tracks, the Canadian Pacific MacTier Subdivision, and Metrolinx’s Weston Subdivision, which runs the UP Express and Kitchener Line services. Further west, on the west side of the rail corridor, is a mix of industrial, residential, and vacant properties, some of with active development applications for high-rise mixed-use developments.

10The Neighbourhood and the KSCSP area are experiencing change and intensification, with a number of recently constructed mid- and high-rise buildings and many active development applications for mid- and high-rise buildings.

11The Subject Site and Neighbourhood is well-served by existing public transit, local roads, and active transportation systems.

12There are many transportation infrastructure improvements planned in the Neighbourhood, such as, but not limited to:

• St. Clair-Old Weston Station (“Station”): As part of the Metrolinx GO expansion program (and previously the SmartTrack initiative), the new Station is being constructed approximately 200 metres north of the Subject Site on Union Street. It will form part of the UP Express route that provides rapid, frequent service between Union Station and Pearson International Airport. The Station is anticipated to open in 2031.
• The extension of Davenport Road north-west from Old Weston Road, alongside the west side of the Subject Site, then crossing over St. Clair Avenue West with overpass parallel to the railway overpass to connect with Union Street. Ramps and stairs are to be provided for pedestrians from both sides of St. Clair Avenue to access Davenport Road and the Station.
• As per the Metrolinx 60 percent drawings, the proposed ramp and retaining wall planned for the south side of St. Clair Avenue West will extend across approximately 60 percent of the Subject Site’s northern frontage and be within a few metres of the planned buildings. St. Clair Avenue West, between Weston Road and Old Weston Road, will be widened from four to six lanes. The existing bridge will be demolished, and a wider replacement bridge will be built before construction of the Station.

THE REVISED PROPOSAL

13The settlement plans (“Settlement Plans”) implement a three tower mixed-use development, a new public park, an extended public lane, a new private laneway, and enhancements to an expanded St. Clair Avenue West ROW that will connect to the Davenport Road Extension (the “Proposed Development”).

14A southeastern extension of the existing public laneway, off St. Clair Avenue West, is being provided along the eastern portion of the Subject Site. It will be 10 metres wide and connect to Old Weston Road and the new private laneway. A total of 1,122 square metres is being conveyed to the City for the extension of the public laneway.

15The proposed 929 square metre public park has been configured in a rectilinear shape, with frontage on the future Davenport Road Extension. It is located at the southwesterly portion of the Subject Site. The on-site parkland dedication will be unencumbered.

16With the parkland dedication and the conveyance of land for the extended public lane, the remaining net developable area will be 8,357 square metres (“Development Site”).

17The Development Site will contain four buildings (“Buildings”):

• Building A: a 50-storey tower (total building height of 169.2 metres with the mechanical penthouse);
• Building B: a 45-storey tower (total building height of 154.4 metres with the mechanical penthouse);
• Building C: a 42-storey tower (total building height, of 142.9 metres with the penthouse), with a stepped two- to eight-storey podium (building height of 28.9 metres); and
• Building AB: a stepped three- to 10-storey podium (building height of 38.1 metres), which Building A and B sit on top of.

18A new private 6 metre laneway will be established that runs east-west through the middle of the Development Site, connecting to the future Davenport Road Extension and the public laneway. A surface easement in favour of the City will be provided for the public use of, and access to, the private laneway.

19Buildings A, B, and AB are located on the north portion of the Development Site and Building C is located on the south portion of the Development Site.

20The towers have been designed as point towers with generous distance separation to ensure the privacy of residents and maximization of access to sky views, light, and clear lines of sight. They have also been oriented and massed to maximize sunlight to existing parks, the proposed new park, and the surrounding public realm.

21The tallest building, Building A, is located on top of the western portion of Building AB. It is oriented in a north-west direction so that it is parallel to the future Davenport Road Extension. Its orientation maximizes sight lines and helps define the street edge and massing, while emphasizing the gateway functionality of the ROW transition between the future Davenport Road Extension and St. Clair Avenue West.

22Building B is situated on the eastern portion of Building AB and is oriented in a northern direction, perpendicular to St. Clair Avenue West.

23Building C has a stepped podium base with heights of two to eight storeys. The tower is situated on the western portion of the podium and it has the same north-west orientation as Building A.

24The heights of Buildings B and C are lower than Building A, to reduce physical and visual impacts on the adjacent low-rise properties on Old Weston Road and to provide a transition between the 29-storey building proposed south on 290 Old Weston Road.

25With a Development Site area of 8,357 square metres and 110,725 square metres of gross floor area, the Proposed Development has a floor space index (“FSI”) of 13.25.

26The majority of the non-residential uses are located within the ground level, the second level and the third level of Building AB, which has frontage on St. Clair Avenue West and the future Davenport Road Extension. A portion of the non-residential uses are also located within the ground floor of Building C which has frontage on the private lane to the north of Building C.

27Combined, the Buildings will provide an estimated 1,500 residential units, comprising:

• 20 studio units (1.3% of the total units);
• 872 one-bedroom plus den units (58.8% of the total units);
• 437 two-bedroom plus den units (29.4% of the total units); and
• 155 three-bedroom plus den units (10.4% of the total units).

28Combined, the Buildings will provide at least 6,000 square metres of amenity space.

29Approximately 30% of the Development Site will be landscaped.

30OPA, ZBA, DPS, and SPA applications are required to implement the settlement plans (the “Required Applications”).

31At the time of the original Applications to the City, an OPA was required to redesignate the Subject Site from ‘General Employment Areas’ to ‘Mixed Use Areas’. On July 22, 2022, City Council adopted OPA 537. OPA 537 redesignated the Subject Site as ‘Mixed Use Areas’, within a ‘Priority Employment Area’ and a Protected Major Transit Station Area (“PMTSA”). OPA 537 was approved by the Minister of Municipal Affairs and Housing on August 15, 2025, without modifications.

32An OPA is required to:

a. Redesignate the south portion of the Subject Site from ‘Mixed Use Areas’ to ‘Parks’ (amendment to Map 17, Land Use Plan of the Official Plan and Map 1, Land Use Plan, of the Keele St. Clair Secondary Plan); and

b. Add site specific policies that permit with respect to the Subject Site maximum tall building heights of approximately 50 storeys.

33At the time of the original Applications to the City, ZBAs were required to both By-law No. 438-86 and By-law No. 569-2013. In the intervening period since the submission of the original Applications, the majority of By-law No. 569-2013 has come into force, and accordingly, the amendment of By-law No. 438-86 is now unnecessary as the City now requires the Subject Site to be brought within the purview of By-law No. 569-2013.

34A ZBA is required to rezone the Subject Site from ‘Industrial Commercial (IC)-D2-N1’ under By-law No. 438-86, as amended, to ‘Commercial Residential CR’, with site-specific permissions and requirements, under By-law No. 569-2013, as amended.

35A draft of the settlement instruments (the “Draft Settlement Instruments”), that would implement the Settlement Plans, which includes a draft OPA and a draft ZBA, is attached as Exhibit 9 in the Affidavit.

36The DPS is required to facilitate the division of the Subject Site into development blocks that would contain municipal servicing, a public and private lane network, and to facilitate the conveyance of land to the City for the public park and southerly extension of the public lane.

37The DPS appeal, along with the SPA appeal, will be held in abeyance and the Appellant will continue to work with City staff to resolve any outstanding issues with those appeals.

38The draft ZBA generally reflects what is shown in the Settlement Plans, but to provide some flexibility and room for refinement of the building and site design through the SPA process, some minor margins are proposed in the draft Zoning By-law.

39City counsel advised that there has not been sufficient time for the detail of the Draft Settlement Instruments, including the proposed margins, to be reviewed by Toronto City staff.

ANALYSIS AND FINDINGS

40The Tribunal accepts and agrees with the uncontradicted testimony of Ms. Shepherd and her land use planning opinion.

41The Tribunal finds that the Proposal has proper regard for the matters of provincial interest, as set out in section 2 of the Planning Act (“Act”). In particular, sections: 2(f) – on the adequate provision and efficient use of communication, transportation, sewage and water services, and waste management systems; 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.

Provincial Policy Statement, 2024

42Ms. Shepherd opined, and the Tribunal agrees, that the Proposal is consistent with the PPS:

• Section 2.2.1 of the PPS requires planning authorities to provide for an appropriate range and mix of housing options and densities to meet projected needs of current and future residents of the regional market area by: a) establishing and implementing minimum targets for the provision of housing that is affordable to low and moderate income households, and coordinating land use planning and planning for housing with service managers to address the full range of housing options, including affordable housing needs; b) permitting and facilitating: 1) all housing options required to meet the social, health, economic, and wellbeing requirements of current and future residents, including additional needs housing and needs arising from demographic changes and employment opportunities; and 2) all types of residential intensification, including the development and redevelopment of underutilized commercial and institutional sites (e.g., shopping malls and plazas) for residential use, development and introduction of new housing options within previously developed areas, and redevelopment, which results in a net increase in residential units, in accordance with Policy 2.3.1.3; c) promoting densities for new housing which efficiently use land, resources, infrastructure, and public service facilities, and support the use of active transportation; and d) requiring transit-supportive development and prioritizing intensification, including potential air rights development, in proximity to transit, including corridors and stations.
• The proposed development will increase the City’s housing stock by providing a range of residential units from one- to three-bedroom units. The Proposal will provide 1,500 units with the range of unit sizes to accommodate a variety of household sizes and incomes. The Proposal meets the needs of the young and old as per the Growing Up: Planning for Children in New Vertical Communities Guidelines (“Growing Up Guidelines”).
• The proposed density, with a FSI of 13.25, represents an appropriate intensification which is transit supportive and makes use of the infrastructure efficiently. The Proposal will result in a complete community.
• Section 2.4 of the PPS directs planning for Strategic Growth Areas (“SGA”) to accommodate population and employment growth. Commercial and recreational uses, transit, and the provision for affordable and equitable housing are to be the focus in SGAs.
• The Subject Site is located within the ‘Settlement Area’ of the City, within a SGA, being designated ‘Mixed Use Areas’, and within a PMTSA through OPA 537. The future Station and frequent transit (512 streetcar) will serve the Subject Site. The Subject Site and neighbourhood is multimodal, being served by the existing and planned public transit, roads, laneways, and active transportation infrastructure.
• Section 3.9.1. of the PPS directs healthy, active, and inclusive communities should be promoted by: a) planning public streets, spaces, and facilities to be safe, meet the needs of persons of all ages and abilities, including pedestrians, foster social interaction, and facilitate active transportation and community connectivity; and b) planning and providing for the needs of persons of all ages and abilities in the distribution of a full range of publicly-accessible built and natural settings for recreation, including facilities, parklands, public spaces, open space areas, trails, and linkages, and, where practical, water-based resources.
• The Proposed Development with its commercial retail, new public park, and laneway system will facilitate active transportation and connectivity.
• The Proposal provides for redevelopment of an underutilized property with 1,500 new residential units of various sizes. The Proposal will assist the City in meeting the housing density targets. It efficiently utilizes existing and planned infrastructure.

City Official Plan

43Ms. Shepherd stated, and the Tribunal agrees, that this Proposed Development conforms with the OP, as follows:

• Map 2 of the OP (Urban Structure) designates the north portion of the Subject Site as ‘Avenues’.
• Map 4 of the OP (Higher Order Transit Corridors) identifies the St. Clair Streetcar Line as ‘TTC Subway and LRT Line’ and it shows the existing GO Rail Line and the future Station as a ‘GO Rail Station on Existing Line’.
• Map 5 of the OP (Surface Transit Priority Network) also identifies the St. Clair Streetcar Line as ‘TTC Subway and LRT Line’.
• Map 17 of the OP (Land Use Plan) designates the Subject Site as ‘Mixed Use Areas’.
• Chapter 2 of the OP establishes the City’s Urban Structure and the strategy for directing growth and change management. Its policies direct growth to locations where good transit capacity can be provided along frequent bus and streetcar routes and at higher-order transit stations.
• Section 2.2.3. of the OP directs that new development on lands adjacent to existing or planned transportation corridors and facilities is required to be compatible with, and supportive of, the long-term purposes of the corridors and facilities, and be designed to avoid, mitigate, or minimize negative impacts on and from the transportation corridors and facilities.
• The Subject Site is partially located within an ‘Avenue’, where growth is directed. (Section 2.2.2. of the OP). The Subject Site is located about 200 metres from the future Station. The Proposed Development will use the municipal services and infrastructure and concentrate jobs in an area well-served by transit. The Proposal has been designed to be compatible with the adjacent rail corridor and other planned transportation corridors.
• Section 2.3.1.3. of the OP directs that developments in ‘Mixed Use Areas’, ‘Regeneration Areas’ and ‘Apartment Neighbourhoods’, that are adjacent or close to ‘Neighbourhoods’, will:

a. Be compatible with those ‘Neighbourhoods’;

b. Provide a gradual transition of scale and density, as necessary to achieve the objectives of the OP through the stepping down of buildings towards and setbacks from those ‘Neighbourhoods’;

c. Maintain adequate light and privacy for residents in those ‘Neighbourhoods’;

d. Orient and screen lighting and amenity areas so as to minimize impacts on adjacent land in those ‘Neighbourhoods’;

e. Locate and screen service areas, any surface parking, and access to underground and structured parking so as to minimize impacts on adjacent land in those ‘Neighbourhoods’, and enclose service and access areas where distancing and screening do not sufficiently mitigate visual, noise, and odour impacts upon adjacent land in those ‘Neighbourhoods’; and

f. Attenuate resulting traffic and parking impacts on adjacent neighbourhood streets so as not to significantly diminish the residential amenity of those ‘Neighbourhoods’.

• The Proposed Development provides commercial retail use at-grade. The ROW Proposal 1 and ROW Proposal 2 make improvements to the public realm, contribute to a safe pedestrian environment, and provide convenient connections to transit. As the Subject Site is close to the future Station, the high-rise built-form design is appropriate and compatible with the ‘Neighbourhoods’ designation to the east as it incorporates appropriate stepping down of building height.
• Chapter 3 of the OP contains policies to guide decision making based on the OP’s goals for the human, built, economic, and natural environments.
• The Proposal’s site layout provides for an enhanced public realm and open space network. The Buildings and the 929 square metre public park define and frame the edges of the streets and lanes. The Buildings’ location and massing were designed to provide transition in scale and access to sunlight for adjacent properties, the park, and open spaces. The shadow impacts are minimal. Updated studies will be required, to the satisfaction of the City, prior to a final order being issued by the Tribunal.

Keele-St.-Clair Secondary Plan (OPA 537)

44Ms. Shepherd explained that the Subject Site is located within the KSCSP, being Chapter 6 Section 47 of the OP, which comprises the lands generally bounded by Northland Avenue and Lavender Road (to the north); Old Weston Road, Rosethorn Avenue, Silverthorn Avenue, Osler Street, and Miller Street (to the east); Lindner Street and Junction Road (to the south); and Old Stock Yards Road, Gunns Road, and Weston Road (to the west).

45The KSCSP (OPA 537) establishes a framework for development around the planned Station. The amendment delineates a PMTSA and sets policies for land use, transportation, employment, affordable housing, and public realm improvements within the KSCSP area.

46The Subject Site is designated as ‘Mixed Use Areas’, within an ‘Employment Priority Area’ by Map 1 (Land Use Plan) of the KSCSP.

47The Subject Site is located within Site and Area Specific Policy 630 (“SASP 630”), which delineates the St. Clair-Old Weston PMTSA.

48Section 3.4. of OPA 537 - development is required to prioritize the dedication of land to the City in order to meet parkland dedication requirements. As part of development, parkland provision, will be considered in the following order of priority:

a. On-site parkland dedication;

b. Off-site parkland dedication.

49The original Applications proposed a privately owned publicly accessible space, but the Proposal now includes the provision of 929 square metres of on-site parkland dedication.

50Section 4.1 sets out that the location, pattern, and layout of new public streets, lanes, cycling routes, and mid-block pedestrian connections in the KSCSP will be guided, by but not limited to Map 4, Mobility Network and applicable standards and guidelines. The feasibility, location, alignment, access, and design of each new street, lane, cycling route, and mid-block pedestrian connection will be reviewed through the development approval process or other implementation mechanisms identified in the KSCSP.

51Section 4.2. Development will contribute to the advancement of, be consistent with, and be phased to support the delivery of St. Clair-Old Weston Station and the St. Clair Avenue West Area Transportation Master Plan.

52The Proposal reflects Map 4 of the KSCSP and supports the St. Clair Avenue West Area Transportation Master Plan. It conforms to the KSCSP policies and goals on transit densities’ increase for a development within a ‘Station’ area.

53Section 8.12 of the KSCSP states that the Station North, South, West, and East areas will include a variety of building types and heights, with a maximum tall building height of approximately 35 storeys.

54Ms. Shepherd stated that the towers with podiums, while taller than what is contemplated in the KSCSP, allow a policy-compliant development of non-residential floor space. The tallest, 50-storey, Building A is located at the northwest corner of the Subject Site, adjacent to St. Clair Avenue West and the future Davenport Road Extension. This meets City policies and guidelines requiring the tallest building heights closest to transit stations. The commercial uses located within the lower levels of the Building AB Podium will animate the St. Clair Avenue West and the future Davenport Road Extension, as intended by the KSCSP.

55The other two buildings’ heights are lower than Building A to reduce the impact on the low-rise properties on Old Weston Road. This provides a transition between the approved 29-storey building to the south, at 290 Old Weston Road.

56The tall buildings create minor shadowing on adjacent neighbourhoods and public spaces due to the appropriate location and massing on the Subject Site. The Proposal represents a compatible design and transition in heights with no undue adverse impacts.

57Ms. Shepherd opined that the OPA and ZBA have appropriate regard for matters of provincial interests, are consistent with the PPS, conform to the OP and the KSCSP, and represent good planning in the public interest and should be approved in principle, subject to conditions.

Summary

58The Tribunal finds that the Proposal is supportive of provincial and municipal policies that encourage intensification on underutilized sites within the urban built-up area with public transit and municipal infrastructure. The Proposal will result in a range of dwelling unit sizes and types, as well as commercial retail units.

59The Proposal’s compact built form is transit-supportive and pedestrian-oriented. The Proposed Development’s ‘Mixed Use Areas’ designation is intended to accommodate the increase in jobs and population anticipated by the OP and the Proposal will provide an increase in retail, office, and service employment in the City.

60The Proposal supports the PMTSA and will allow options for living and working in the same area.

61The Proposed Development intensifies ‘Mixed Use Areas’ and PMTSAs, provides a variety of land uses, a range of housing types in terms of size and type, and improvements to the public realm and municipal parkland system.

62The Tribunal agrees with Ms. Sheperd and finds that the Subject Site, within a PMTSA, is appropriate for the 42-, 45-, and 50-storey high-rise buildings, with sufficient setbacks and stepbacks, in the existing and planned built-form context. The 50-storey tower will be located closest to the future Station.

63The Proposed Development’s shadow studies show that there are minor shadows cast on neighbouring streets and properties, including existing and future parks. The orientation and massing of the buildings have been designed to maximize sunlight to existing parks and the surrounding public realm.

64The Proposed Development’s attractive high-rise towers will replace the existing two-and-a-half-storey commercial building and parking lot. The landscape design will improve the public realm and the corridor’s character with a pedestrian-oriented frontage.

65The Proposal provides a range of residential units in keeping with the Growing Up Guidelines.

CONCLUSION

66The 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 and OPA 537.

67The Tribunal will grant the appeals, in part, and approve the proposed OPA and ZBA in principle, subject to conditions.

INTERIM ORDER

68THE TRIBUNAL ORDERS THAT the Appeals are allowed, in part, and:

1. The Official Plan Amendment for the lands known municipality as 1799 St. Clair Avenue West, in the City of Toronto, as attached to this Order as Attachment 1, is hereby approved in principle.

2. The Zoning By-law Amendment for the lands known municipally as 1799 St. Clair Avenue West, in the City of Toronto, as attached to this Order as Attachment 2, is hereby approved in principle.

3. The Final Order of the Tribunal shall be withheld until the Tribunal is in receipt of written confirmation from the City that the following conditions have been satisfied:

(i) 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;

(ii) 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;

(iii) The owners, at their sole cost and expense, have:

1. Submitted revised Functional Servicing, Stormwater Management, and Hydrogeological Reports, including a Foundation Drainage Report ("Engineering Reports"), for review and acceptance to the satisfaction of the Director, Engineering Review, in consultation with 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;

2. Entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, to the satisfaction of the Executive Director, Development Review and the City Solicitor, should it be determined that upgrades are required to support the Proposed Development according to the accepted Engineering Reports and/or accepted Transportation Impact Study; and

3. Ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Executive Director, Development Review and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required;

(iv) Confirmation is provided from the Parties as to whether an agreement has been reached with respect to a Community Benefits Charge in-kind confirmation and whether revisions to the final Zoning By-law Amendment are required;

(v) The owners have submitted revised Compatibility Mitigation, Environmental Noise Feasibility, and Railway Vibration Studies, including peer review to the satisfaction of the Executive Director, Development Review;

(vi) The owners have 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;

(vii) The owners have submitted a revised Pedestrian Level Wind Study to the satisfaction of the Executive Director, Development Review;

(viii) The owners have submitted a revised Sun/Shadow Study to the satisfaction of the Executive Director, Development Review;

(ix) The owners have submitted a revised Energy Strategy Report, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Development Review;

(x) The owners have submitted an Arborist Report, Landscape Plans, and Tree Preservation Plan to the satisfaction of the Executive Director, Environment, Climate and Forestry;

(xi) The owners have 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;

(xii) The owners have 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; and

(xiii) The Parties confirm that no changes are required to site or grading plans for the Proposed Development to ensure compatibility with the Davenport Road Extension or proposed St. Clair widening.

4. The Draft Plan of Subdivision and the Site Plan Approval appeals are adjourned sine die.

5. 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.

6. 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.

7. The Tribunal may be spoken to on any matter arising in the implementation of this Interim 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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