Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE :
July 30, 2021
CASE NO.:
PL180221
The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Madison CM Limited
Subject:
Application to amend Zoning By-law No. 438-86 and By-law No. 569 -2013 Neglect of the City of Toronto to make a decision
Existing Zoning:
(West): CR T6.0 C4.5 R6.0 (By-law 438-86) + CR 6.0 (c4.5; r6.0) SS1 (x1327) - By-law 569-2013
(East): CR T4.0 C2.0 R4.0 (By-law 438-86) + CR 4.0 (c2.0; r4.0) SS1 (x2160) - By-law 569-2013
Proposed Zoning:
Site Specific (To be determined)
Purpose:
To permit the development of a 45-storey (142.9 m) mixed use building comprised of 569 residential units and 40, 343.3 sq. m of residential gross floor area, 2,409.5 sq. m. of non-residential gross floor area and 129 parking
Property Address/Description:
114, 120 Church Street & 59 Richmond Street East
Municipality:
City of Toronto
Municipality File No.:
17 253844 STE 28 OZ
OMB Case No.:
PL180221
OMB File No.:
PL180221
OMB Case Name:
Madison CM Limited v. Toronto (City)
BEFORE:
M.A. SILLS
Friday, the 30th
VICE-CHAIR
day of July, 2021
THIS MATTER having come on for a public hearing November 26, 2018 and the Tribunal in its Decision on January 18, 2019 having determined that the appeal(s) under subsection 34(11) of the Planning Act (the “Zoning Appeals”) should be allowed, in part, and that the proposed zoning by-law amendments should be approved, in principle, with the final Order withheld pending the Tribunal being advised by the City Solicitor that:
(a) confirmation is received by the City Solicitor that the owner has withdrawn site-specific appeals to Official Plan Amendment 352 (Downtown Tower Separation) and the associated Zoning By-laws (No. 1106-2016 and No. 1107-2016);
(b) The owner submits an updated Hydrogeological Report and updated Functional Servicing Report that addresses outstanding comments from Development Engineering, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
(c) The owner makes satisfactory arrangements, including entering into a financially secured agreement with the City for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades are required to this infrastructure to support this development, according to the Functional Servicing Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and
(d) The owner has entered into an Agreement pursuant to s. 37 of the Planning Act to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning, and the s. 37 Agreement has been registered on title of the property to the satisfaction of the City Solicitor, that secures the following community benefits and other matters to support the development including:
a. Prior to the issuance of the first above-grade building permit, the owner shall pay to the City a s. 37 contribution of $4,450,000 to be allocated to areas including but not limited to local area park improvements and streetscape improvements, existing community non-profits, recreation and/or cultural space improvements, heritage interpretation and/or Heritage Lighting Master Plan and public art, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor, within the vicinity of the site;
b. The payments required in item (i) above must be increased by upwards indexing in accordance with the Construction Price Index, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication No. 327-0058, or its successor, calculated from the date of the s. 37 Agreement to the date each such payment is made;
c. In the event the cash contributions required in item (i) above have not been used for the intended purpose within three (3) years of the date of the issuance of the first above-grade building permit, the cash contribution may be directed to another purpose, at the discretion of the Chief Planner and Executive Director, City Planning Division, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the vicinity of the subject property;
d. The owner provides a conveyance of a 198 square metre portion of the subject site to the City to satisfy the parkland dedication requirement;
e. The owner prepares and registers all documents and studies required to convey the parkland to the City;
f. The owner shall provide a minimum of 10 percent family sized units in the development, containing at least three bedrooms;
g. The owner provides a conveyance of a 0.5-metre wide strip of land along the east limit of the public lane and a 0.57-metre wide conveyance along the north limit of the public lane to the City for the widening of the Barbed Wire Lane;
h. The owner provides a conveyance of lands to the City consisting of a 5.0-metre corner rounding at Church Street and Lombard Street;
i. The owner has submitted a construction management plan to the satisfaction of the Acting Director, Community Planning, Toronto and East York District, in consultation with the Ward Councillor, and thereafter shall implement the plan during the course of construction; and
j. The Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council.
AND THE TRIBUNAL having been advised that these above-noted matters have been completed to the satisfaction of the City of Toronto prior to the issuance of a final Order regarding the Zoning Appeals have been satisfied;
AND THE TRIBUNAL is satisfied that its direction as set out in the Decision have been met;
THE TRIBUNAL ORDERS that the Zoning Appeals are allowed, in part, and that Zoning By-law No. 438-86 of the former City of Toronto, as amended, is hereby amended in the manner set out in Attachment “1” to this Order, and that Zoning By-law No. 569-2013 of the City of Toronto, as amended, is hereby amended in the manner set out in Attachment “2” to this Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to these by-laws for record keeping purposes.
Becky Fong”
BECKY FONG
REGISTRAR
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.