Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 22, 2021
CASE NO(S).: PL161159
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Yonge & Scollard Development Inc. Subject: Request to amend the Official Plan - Refusal of request by the City of Toronto Existing Designation: Mixed Use Areas Proposed Designated: Site specific Purpose: To permit the construction of a 59-storey tower, including three mechanical floors, for a total of 194 residential units Property Address/Description: 874-878 Yonge St. & 3-11 Scollard St. Municipality: City of Toronto Approval Authority File No.: 16 173154 STE 27 OZ OMB Case No.: PL161159 OMB File No.: PL161159 OMB Case Name: Yonge & Scollard Development 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: Yonge & Scollard Development Inc. Subject: Application to amend Zoning By-law No. 438-86 - Refusal of Application by the City of Toronto Existing Zoning: CR T3.0 C2.5 R3.0 Proposed Zoning: Site specific Purpose: To permit the construction of a 59-storey tower, including three mechanical floors, for a total of 194 residential units Property Address/Description: 874-878 Yonge St. & 3-11 Scollard St. Municipality: City of Toronto Municipality File No.: 16 173154 STE 27 OZ OMB Case No.: PL161159 OMB File No.: PL161160
Heard: April 14, 2021 in writing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Yonge & Scollard Development Inc. | Cynthia MacDougall |
| City of Toronto | Gabriel Szobel |
| ABC Residents Association and Greater Yorkville Residents’ Association | Andrew Biggart |
DECISION DELIVERED BY SHARYN VINCENT AND ORDER OF THE TRIBUNAL
1The Parties, on Consent, and supported by the uncontroverted Affidavit of Wendy Nott, sworn April 9, 2021 (and filed as Exhibit 1), advised the Tribunal that the Applicant has satisfied the conditions of the City, has executed a Section 37 Agreement and finalized the form of the Zoning By-law Amendment incorporating the provisions necessary to implement the Tribunal’s August 2019 decision.
2By Order issued October 31, 2019, the Tribunal provided that the City would have the authority to administer final approval of the Site Plan Application. The Notice of Approval Conditions (“NOAC”) forms part of the Affidavit of Ms. Nott.
3The Zoning By-law Amendment, as is the norm in the City, incorporates the terms of the Section 37 Agreement.
4The package represents a complete settlement of all matters to give effect to the Tribunal’s Decision.
ORDER
5The Tribunal orders that the appeals against By-law No. 569-2013 of the City of Toronto is allowed in part, and the Tribunal directs the City of Toronto to amend By-law No. 569-2013 as set out in Attachment 1 to this Order.
“Sharyn Vincent”
SHARYN VINCENT VICE-CHAIR
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.
ATTACHMENT 1
CITY OF TORONTO
BY-LAW No. XXXX- 2021(LPAT)
To amend the Zoning By-law No. 569-2013, as amended, with respect to the lands known municipally as 3-11 Scollard Street and 874-878 Yonge Street in the year 2020
WHEREAS the Local Planning Appeal Tribunal, pursuant to its Decision/Order issued June 22, 2021, in LPAT File PL161159, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, has determined to amend By-law 569-2013, as amended, for the City of Toronto with respect to lands municipally known in the year 2020 as 3-11 Scollard Street and 874-878 Yonge Street; and
Whereas Regulation of 1.5.6(2) of the City of Toronto Zoning By-law 569-2013, as amended, provides, that where such applies, it supersedes By-law 438-86 (being the Zoning By-law for the former City of Toronto), as amended, and any predecessor zoning by-laws as are applicable; and
Whereas the Official Plan for the City of Toronto contains provisions relating to the authorization of increases in height and density of development; and
Whereas pursuant to Section 37 of the Planning Act, a by-law under Section 34 of the Planning Act, may authorize increases in the height and density of development beyond those otherwise permitted by the by-law and that will be permitted in return for the provision of such facilities, services or matters as are set out in the by-law; and
Whereas subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services and matters in return for an increase in the height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services and matters; and
Whereas the owner of the aforesaid lands has elected to provide the facilities, services and matters hereinafter set out; and
Whereas the increase in height and density permitted beyond that otherwise permitted on the aforesaid lands by By-law No. 569-2013 as amended, is permitted in return for the provision of the facilities, services and matters set out in this By-law which is secured by one or more agreements between the owner of the land and the City of Toronto.
The Local Planning Appeal Tribunal orders as follows:
The lands subject to this By-law are outlined by heavy black lines on Diagram 1, attached hereto and forming part of this By-law;
The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, Chapter 800 Definitions.
Zoning By-law 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.10 respecting the lands outlined by heavy black lines to CR 3.0 (c2.5 r3.0) SS1 (x324), as shown on Diagram 2, attached to this By-law;
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City of Toronto By-law No. xxxx-2021 (LPAT)
- Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 324 so that it reads:
Exception CR (324)
The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
Site Specific Provisions:
(A) On lands municipally known as 3-11 Scollard Street and 874-878 Yonge Street in the year 2020, if the requirements of Section 5. and Schedule A of By-law XXXX-2021(LPAT) are complied with, buildings and structures may be constructed, enlarged, or used on the lands identified on Diagram 1 of By-law XXXX-2021(LPAT) in compliance with (B) to (W) below;
(B) Despite regulation 40.10.40.40(1), the permitted maximum total gross floor area of the building is 20,600 square metres, of which a minimum of 70 square metres must be available for non-residential uses;
(C) In addition to the provisions of regulation 40.5.40.40(3) and for the purposes of regulation 200.5.1.10(11), the gross floor area of a mixed use building is also reduced by:
i. Below finished ground level, the area occupied by any main walls and interior building walls;
(D) Despite regulation 40.10.40.1(1), dwelling units must be located above the first storey of a building;
(E) Despite regulations 40.10.40.70(1) and 600.10.10, the required minimum building setbacks above finished ground are shown on Diagrams 3A and 3B of By-law XXXX-2021(LPAT);
(F) Despite regulations 5.10.40.70(1) and (2), 40.5.40.70(1), clause 40.10.40.60 and (E) above, the following encroachments are permitted into the required minimum building setbacks shown on Diagrams 3A and 3B of By-law XXXX-2021(LPAT):
i. Lighting fixtures, excluding air craft warning lights, cornices, sills, eaves, architectural or ornamental features, structural elements including columns and structural slabs, to a maximum of 0.5 metres into a required building setback, provided such encroachments are no higher than the roof of that portion of the building to which such encroachments are attached;
ii. Canopies or awnings, including supporting structures, to a maximum of 1.5 metres into a required building setback, provided the height of such encroachments is no more than 4.0 metres above ground;
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City of Toronto By-law No. xxxx-2021 (LPAT)
iii. planters, retaining walls, bollards, gas meters, wheel chair ramps, public art, guardrails, railings, and landscape features, provided the height of such encroachments is no more than 2.0 metres above ground; and
iv. Structures and elements permitted by (J) below, to a maximum projection of 7.4 metres into a required building setback;
(G) Balconies are permitted provided such balconies comply with the minimum building setbacks shown on Diagrams 3A and 3B of By-law XXXX-2021(LPAT), subject to encroachments permitted in (F) above;
(H) Despite regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 116.0 metres and the highest point of the building or structure;
(I) Despite regulation 40.10.40.10(1), no portion of a building or structure erected on the lands above ground may exceed the maximum permitted building heights in metres specified by the numbers following the HT symbol as shown on Diagrams 3A and 3B of By-law XXXX –2021(LPAT);
(J) Despite Regulations 40.5.40.10(3), (4), (5), (6), (7), and (8) and (I) above, the following may project above the permitted maximum building heights shown on Diagrams 3A and 3B of By-law XXXX-2021(LPAT):
i. elements of a green roof and parapets to a maximum of 2.0 metres above the maximum permitted building height;
ii. window washing equipment to a maximum of 2.5 metres above the maximum permitted building height;
iii. Elements or structures on any portion of a roof used for outside or open air recreation, including required residential amenity space, terraces, screens, to a maximum of 3.0 metres above the maximum permitted building height;
iv. chimneys, vents, air craft warning lights, stacks and structures for wind protection; and
v. Structures or elements permitted by (F) above;
(K) For the purpose of this Exception, the term “established grade” is the Canadian Geodetic Datum elevation of 116.0 metres;
(L) Regulations 200.5.1(3), 200.5.1.10 (5), (10) and (13), 200.10.1(1) and (2), 200.15.1(3) and (4), and 200.15.15.4(2) do not apply if resident or visitor parking spaces are provided in an “automated parking garage”;
(M) Despite regulations 200.5.1.10(2) and (6), 200.10.1(3), 200.15.1(1), 200.15.15.4(1) a parking space or an accessible parking space provided on a parking pallet within an “automated parking garage” is subject only to the following minimum dimensions:
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City of Toronto By-law No. xxxx-2021 (LPAT)
i. width of 2.1 metres; and
ii. length of 5.4 metres;
(N) If parking spaces are provided within an “automated parking garage”, the requirement to provide accessible parking spaces set out in regulations 200.15.10(1) and 200.15.15.4(3) is satisfied with the provision of parking spaces provided in accordance with (M) above.
(O) Despite 40.10.100.10(1)(C), a maximum of two vehicle accesses are permitted;
(P) Despite regulations 230.5.1.10(4)(A)(ii) and (B)(ii), the width of a bicycle parking space must be a minimum of 0.35 metres;
(Q) In addition to the provisions of regulation 230.5.1.10(9)(B), a “long-term” bicycle parking space may also be located on the third storey of the building;
(R) Despite regulation 230.5.1.10(10), a “long-term” bicycle parking space and a “short-term” bicycle parking space may be located in a stacked bicycle parking space;
(S) Regulation 230.40.1.20(2) does not apply to a “short-term” bicycle parking space located in a building;
(T) For the purpose of this Exception, an “automated parking garage” means a mechanical system for the purpose of parking and retrieving vehicles without drivers in the vehicle during parking and without the use of ramps or drive aisles, and which may include but is not limited to, a vertical lift and the storage of vehicles on parking pallets;
(U) Regulation 40.10.40.50(2) does not apply with respect to amenity space for buildings with non-residential uses;
(V) Section 600.20 with respect to Priority Retail Streets does not apply;
(W) Despite any existing or future severance, partition or division of the lands shown on Diagram 1 of By-law XXXX-2021(LPAT), the provisions of this Exception and By-law 569-2013, as amended, apply to the whole of the lands as one lot as if no severance, partition or division had occurred.
Prevailing By-laws and Prevailing Sections: (None Apply)
- Section 37 Provisions
(A) Pursuant to Section 37 of the Planning Act, and subject to compliance with this By law, the increase in height and density of the development is permitted beyond that otherwise permitted on the lands shown on Diagram 1 of this By law, in return for the provision by the owner, at the owner’s expense of the facilities, services and matters set out in Schedule A hereof and which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act that are in a form and registered on title to the lands to the satisfaction of the City Solicitor.
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City of Toronto By-law No. xxxx-2021 (LPAT)
(B) Where Schedule A of this By law requires the owner to provide certain facilities, services or matters prior to the issuance of a building permit, the issuance of such permit shall be dependent on satisfaction of the same.
(C) The owner must not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to exception CR(x324) of By law 569-2013, as amended, unless the provisions of Schedule A of such By law are satisfied.
Local Planning Appeal Tribunal Decision issued on August 27, 2019, and Local Planning Appeal Tribunal Order issued on ●, 2021 in File PL161159.
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City of Toronto By-law No. xxxx-2021 (LPAT)
Schedule A
Section 37 Provisions
The facilities, services and matters set out below are required to be provided to the City at the owner’s expense in return for the increase in height and density of the proposed development on the lands as shown on Diagram 1 of this By-law, subject to and as secured in a registered agreement or agreements under Section 37(3) of the Planning Act, whereby the owner agrees as follows:
A cash contribution of $3,100,000.00 to be allocated towards community improvements within the vicinity of the lot, satisfactory to the Chief Planner in consultation with the Ward Councillor, to be paid prior to the issuance of the first above-grade building permit.
As a matter recommended to be secured in the Section 37 Agreement as a legal convenience to support the development, the owner shall convey a pedestrian clearway easement along the Yonge Street frontage of the lot, having a maximum width of 0.65 metres and a vertical height of 3.0 metres, prior to the registration of a plan of condominium on the lot. The design of the pedestrian clearway easement shall be determined at the time and through the Site Plan Approval process and the specific location and configuration shall be determined prior to the registration of a plan of condominium on the lot.