Plans to build modular housing next to an assisted living facility in Willowdale are like not in jeopardy, but might be delayed further, after groups opposed to the project reportedly filed to have a recent Ontario Land Tribunal appeal ruling reviewed.
Last month, the City of Toronto won an appeal launched by various community groups that opposed supportive housing to be built at 175 Cummer Ave., on the same property as Willowdale Manor.
In their joint appeal, the Bayview Cummer Neighbourhood Association, LiVante Holdings (Cummer), Inc., and Voices of Willowdale, Inc. argued that the proposed development—a three-storey apartment building containing up to 60 dwelling units—is not compatible with the Willowdale Manor residence, which is a four-storey building for 600 seniors.
They noted that the project would “fundamentally change the character of the property and the immediate surrounding area” and potentially introduce negative elements into the community, leading to a “significant loss of the landscaped open space area enjoyed by Willowdale Manor residents”, limited pedestrian access, not enough parking spots, and the removal of an important area used for walking.
In the Tribunal ruling, released on Jan. 2, tribunal member Astrid J. Clos wrote that “the Appellants did not proffer evidence to support their issue that the [zoning by-law amendment] would result in development that is incompatible with Willowdale Manor.”
According to the Star, lawyer Eric Gillespie, who represents the Neighbourhood Association and LiVante Holdings, asked for a formal review of Clos’ decision.
In a Jan. 31 letter provided to the Star by the tribunal, the groups reportedly have concerns with the interpretation of what constitutes a walk-up apartment (according to the Jan. 2 OLT ruling, an expert on land use planning argued that because the site is designated as “Neighbourhoods” and the proposed use is a “walk-up” apartment building, which is permitted in this designation, no land use designation change is required and there is no land use compatibility concern).
They also have concerns about the tribunal’s conclusion that it wouldn’t be permitted to zone a portion of land solely for senior residents. This zoning issue was raised in the Jan. 2 OLT hearing, but the Tribunal agreed with the city that the question of “whether seniors are an equity-seeking group in need of special housing” was not before the Tribunal for consideration.
According to the Star, if the tribunal’s decision is not formally reviewed, the appellants will attempt to pursue other legal recourse.
Opposition to the project has been going on for years. The city first announced plans for the supportive housing building back in February 2021, in response to Toronto’s growing homeless population (the city reports that more than 10,600 people have been actively homeless in the past three months). Amendments to the zoning by-law to begin construction were approved in July 2022, but the joint appeal challenging the development was submitted one month later.
According to the City, the development’s studio apartments would be self-contained, each consisting of a twin bed, a private eat-in kitchen, and a bathroom. The building would also include a laundry facility, a kitchen and dining room, program space, and administrative offices.