6080 Yonge Street Developments Inc. v. Toronto (City), 2021 CanLII 125760

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

November 30, 2021

CASE NO(S).:

PL200613

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

Applicant and Appellant:

6080 Yonge Street Developments Inc.

Subject:

Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment

Existing Designation:

“Mixed-Use Areas” and “Neighbourhood Areas”

Proposed Designated:

Official Plan Amendment is required for the portion of the proposed building located within the “Neighbourhoods” designation, which includes the proposed driveway, a portion of the base-building and all the underground parking in order to permit the proposed development

Purpose:

To permit the development of a 20-storey mixed-use residential building that frame the corner of Yonge Street and Homewood Avenue, then steps down to 7 storeys to the west, facing the residential neighbourhood and further stepping down to a 3-storey podium, for a total of 262 residential units

Property Address/Description:

6080 Yonge Street & 11 Homewood Avenue

Municipality:

City of Toronto

Approval Authority File No.:

20 158233 NNY 18 OZ

LPAT Case No.:

PL200613

LPAT File No.:

PL200613

LPAT Case Name:

6080 Yonge Street Developments Inc. 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:

6080 Yonge Street Developments Inc.

Subject:

Application to amend Zoning By-law No. 7625 of the former City of North York and Zoning By-law No. 569-2013 of the City of Toronto - Neglect of the City of Toronto to make a decision

Existing Zoning:

“General Commercial Zone (C1)” Exception 5, “One-Family Detached Dwelling Fourth Density Zone (R4)” under Zoning By-law No. 7625 of the former City of North York and “Commercial Residential: CR 1.0 (c1.0; r1.0) SS3 (x87)” and “Residential Detached: RD (f15.0; a550) (x5)” “Residential Detached: RD (f15.0; a550) (x71)” under Zoning By-law No. 569-2013 of the City of Toronto

Proposed Zoning:

Site Specific (To be determined)

Purpose:

To permit the development of a 20-storey mixed-use residential building that frame the corner of Yonge Street and Homewood Avenue, then steps down to 7 storeys to the west, facing the residential neighbourhood and further stepping down to a 3-storey podium, for a total of 262 residential units.

Property Address/Description:

6080 Yonge Street & 11 Homewood Avenue

Municipality:

City of Toronto

Municipality File No.:

20 158233 NNY 18 OZ

LPAT Case No.:

PL200613

LPAT File No.:

PL200614

Heard:

November 16, 2021 by Video Hearing (“VH”)

APPEARANCES:

Parties

Counsel

6080 Yonge Street Developments Inc. (“Applicant”/“Appellant”)

Adrian Frank

City of Toronto (“City”)

Jessica Braun

MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON NOVEMBER 16, 2021 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1Pursuant to the first Case Management Conference held on April 22, 2021, this matter was set down for a hearing to commence for nine days starting at 10 a.m. on Monday, January 10, 2022 (“Hearing”), to adjudicate the appeals by 6080 Yonge Street Developments Inc. (“Applicant”/“Appellant”) concerning the failure of the City of Toronto (“City”) to make a decision regarding the Appellant’s applications for Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) affecting a 3,375 square metre (“m2”) property (“Site”) at the southwest corner of Yonge Street and Homewood Avenue, in the North York area of the City.

2The Applicant initially proposed a 20-storey mixed use building at the site, stepping down to seven storeys to the west and south, and then to three storeys further west. Retail uses are proposed at grade at the intersection, along with 262 residential units above and to the west, including seven townhouse units at grade (“Proposal”).

3However, prior to the Hearing the Parties advised that they had reached a settlement of this appeal and have filed the requisite materials with the Tribunal for this settlement hearing, which was conducted on November 16, 2021 by VH.

4Counsel for the Parties noted that a settlement agreement was reached between the Parties in September, 2021 and that the City’s Council adopted the settlement by its decision dated October 1 and 4, 2021 (“Settlement”).

5In support of the Settlement, the Parties delivered, on consent, a Joint Document Book shortly before the VH which, among other items, contained a lengthy affidavit of Todd Trudelle sworn November 10, 2021 with Exhibits A to G appended thereto comprising 97 pages.

6Counsel for the Appellant called Mr. Trudelle to provide testimony at the VH. Mr. Trudelle is a registered professional planner in Ontario and has more than 30 years’ experience on a wide variety of projects including mixed use developments similar to the Proposal. On consent, he was qualified to provide expert opinion evidence to the Tribunal on land use planning matters.

7Mr. Trudelle testified that:

(a) Ontario Land Tribunal (“OLT”) led mediation was subsequently pursued and this mediation took place on July 19 and 21, 2021. As a result of the mediation efforts of both the Applicant and the City, a settlement was reached regarding the built form, height, and density of the revised Proposal;

(b) Following mediation, a without prejudice settlement offer dated September 17, 2021, was provided to the City with accompanying plans and a Traffic and Parking addendum letter, all of which were made public following the Council meeting of October 1, 2021;

(c) On October 1, and 4, 2021, City Council considered a revised Request for Directions Report dated September 21, 2021. Council amended and subsequently adopted the recommendations set out in the Council decision;

(d) The Site is located at the southwest corner of Yonge Street and Homewood Avenue in the City, comprised of approximately 3,375 m2 (0.337 hectares/0.83 acres);

(e) The purpose of the applications before the City are to amend the Official Plan by redesignating the portion of the subject site currently designated Neighbourhoods (11 Homewood Avenue) on Land Use Map 16 to a Mixed Use Area designation and also to amend former City of North York Zoning By-law No. 7625 and City of Toronto Zoning By-law No. 569-2013 to permit the proposed 14-storey mixed use building on the Site;

(f) He had reviewed the proposal for conformity and consistency with the Provincial Policy Statement 2020 (“PPS”), the Growth Plan for the Greater Golden Horseshoe 2020 (“Growth Plan”), the City Official Plan (“City OP”), and Zoning By-law Nos. 7625 and 569-2013 as they apply to the subject proposal;

(g) The Proposal is consistent with the PPS by providing for a compact built form and efficient and optimized use of services, provides for a mix of uses and unit types and sizes contributing to a complete community, and is transit supportive for both existing and future planned transit services. In view of the above, the Proposal is consistent with the applicable policies of the PPS;

(h) The Site is in a Strategic Growth Area, on a higher order transit corridor. The height and density proposed is appropriately located and supports the policies of the Growth Plan. The Proposal is for a compact built form, contributing to the evolution of this existing community as a complete community. The proximity of this Site to transit, shops, services, entertainment, parks and community facilities, and dining facilities reinforce alternative modes of transportation such as transit, walking and cycling are viable options for a resident living on the subject site. In view of the above, the subject OPA and ZBA applications conform with the Growth Plan;

(i) The City OP currently identifies the lands within the Avenues designation on Map 2 of the City OP. Land Use Map 16 identifies the Yonge Street portion of the Site within a Mixed Use Areas designation, which permits a broad mix of commercial, residential, parks and open space, institutional, live/work and utility uses. The 11 Homewood Avenue portion of the Site is located within the Neighbourhood Areas designation and a portion of the overall site is subject to Site and Area Specific Policy 60 (“SASP 60”), which permits commercial parking associated with a previous car dealership on the portion of the Site previously identified as 9 Homewood Avenue. The purpose of the OPA is to redesignate the 11 Homewood Avenue lands from Neighbourhoods to a Mixed Use Areas designation incorporating the entirety of the Subject Site within a Mixed Use Areas designation;

(j) The policies for Mixed Use Areas promote the type of high density, mixed use, transit supportive development proposed on the Mixed Use Areas portion of the Site, which is conducive to the building height of the subject proposal and suitably transitions down to the adjacent Neighbourhoods area after the redesignation of 11 Homewood Avenue to Mixed Use Area. The Site is across the street from an existing 20-storey apartment building that is also located within the Mixed Use Areas designation and is located on the east side of Yonge Street;

(k) The application before the Tribunal is in conformity with the City OP;

(l) The application represents good planning, and the redevelopment of the mixed use building is an appropriate use of the lands in consideration of the existing and planned context along Yonge Street for similar projects;

(m) The Settlement provided for the following key provisions:

i. Revised development proposal from a 20-storey building to a 14-storey building as set out in the architectural plans prepared by Dialog dated September 14, 2021. The building fully complies with the 45-degree angular plane taken at a height of 80 percent of the right-of-way of Yonge Street. Further, the proposed density is 5.99 times the area of the lot;

ii. The approved residential parking rate would be 0.70 parking spaces per unit (including both visitor and resident spaces) for a total of 194 parking spaces, which includes four car-share spaces, 13 visitor parking spaces and nine retail parking spaces. The owner agrees to provide the travel demand management measures as specified by the City;

iii. In terms of s. 37 benefits, the Appellant to provide a payment of $2.9 million payable prior to the issuance of an above grade building permit for this development. This Section 37 offer is conditional on a Final Order issuing for the OPA and ZBA prior to the City’s adoption of a new Community Benefits Charge By-law pursuant to s. 37 of the Planning Act, R.S.O. 1990, c. P.13 (“Act”), as amended and thereby, the Proposal being exempt from that new by-law;

iv. In terms of parkland, the Appellant to work with City Parks, Forestry and Recreation in securing an acceptable off-site parkland dedication with any residual parkland amount to be addressed through a cash-in-lieu of parkland payment. If no acceptable off-site parkland dedication can be secured, the Appellant will satisfy its parkland obligations entirely through a cash-in-lieu of parkland payment; and,

v. The Applicant agrees to work with City staff at Site Plan to resolve the following issues:

(1) Possible relocation of the transformer from Homewood Avenue setback to be within the building;

(2) Addition of 3 m wide canopies along Yonge and Homewood retail and main entrance;

(3) Further work on the treatment of the grade related patios along Homewood Avenue; and,

(4) Materiality and the placement of architectural features.

vi. The draft OPA and ZBA’s contemplated under the Settlement are appropriate, reasonable and represent good planning, are consistent with the PPS, conform to the Growth Plan and to the City’s OP.

8Upon review of Mr. Trudelle’s affidavit and his oral testimony, which was unchallenged, the Tribunal accepts his expert opinions as set out in paragraph [7] above and is satisfied that the draft OPA and ZBA’s under the Parties’ Settlement is consistent with the relevant provisions of the PPS; conforms with the Growth Plan; is in conformance with the City’s OP; and meets the requirements of sections 1, 2 and subsection 34(11) of the Act. The proposed OPA is appended as Attachment 1 hereto and the proposed ZBA’s are appended as Attachments 2 and 3 hereto.

ORDERS

9THE TRIBUNAL ORDERS that:

1. The appeal of the proposed Official Plan Amendment is allowed in part, and the proposed Amendment to the City of Toronto Official Plan, a copy of which is provided as Attachment 1 hereto, is hereby approved in principle;

2. The appeals of the proposed Zoning By-law Amendments are allowed in part, and the proposed Zoning By-law Amendments to City of Toronto Zoning By-law No. 569-2013 and City of North York Zoning By-law No. 7625, copies of which is provided as Attachments 2 and 3 hereto (respectively), are hereby approved in principle;

3. The Tribunal shall withhold its final Order on the Official Plan and Zoning By-law Amendments pending written confirmation from the Parties of the following:

i. That the Parties have reached an agreement on the final form of the Official Plan Amendment;

ii. That the Parties have reached an agreement on the final form of the Zoning By-law Amendments;

iii. That the Parties have entered into an agreement pursuant to s. 37 of the Planning Act, to secure community benefits comprising a cash contribution of two million nine hundred thousand ($2,900,000) dollars;

iv. That the Appellant has addressed outstanding comments identified in the memorandum dated August 28, 2020, from the Manager, Development Engineering, Engineering and Construction Services, including an updated Functional Servicing and Stormwater Management Report, to the City's satisfaction; and,

v. That the Appellant has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, and Hydrogeological Assessment to support the development to the City's satisfaction.

10In the event that there are any issues arising out of the Tribunal’s disposition or in connection with the satisfaction of the above conditions set out in paragraph [9] above, the Parties may request further assistance from the Tribunal.

“William R. Middleton”

WILLIAM R. MIDDLETON

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

ATTACHMENT 2

ATTACHMENT 3