Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 24, 2022

CASE NO(S).: OLT-21-001872 (Formerly PL200301)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Rockport (MPE) Inc.

Subject: Application to amend Zoning By-law Nos. 438-86 and 569-2013 - Refusal or neglect of City of Toronto to make a decision

Existing Zoning: Mixed Use Districts (MCR T3.0 C2.0 R2.5) under Zoning By-law 438-86 Commercial Residential CR3.0 (c2.0; r2.5) SS2 (x2417) under Zoning By-law 569-2013

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit a 27-storey high mixed-use building with a 5-storey base element

Property Address/Description: 717-733 Mount Pleasant Road

Municipality: City of Toronto

Municipality File No.: 19 263788 NNY 15 OZ

OLT Case No.: OLT-21-001872

Legacy Case No.: PL200301

OLT File No.: OLT-21-001872

Legacy File No.: PL200301

OLT Case Name: Rockport (MPE) Inc. v. Toronto (City)

Heard: January 21, 2022 by video hearing

APPEARANCES:

Parties	Counsel/Agent*
Rockport (MPE) Inc.	Zachary Fleisher
City of Toronto	Marc Hardiejowski Alexander Suriano
Toronto District School Board	Julie Lesage (in absentia)
South Eglinton Ratepayers’ and Residents’ Association	Andy Gort*
Taunton Residents Association (Toronto) Inc.	Branda Yan* (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED R.G.M. MAKUCH ON JANUARY 21, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The parties advised the Tribunal that they had resolved their differences and requested a hearing to present evidence in support of their settlement.

2The only evidence before the Tribunal is the Affidavit of Michael Bissett, sworn January 17, 2022. Mr. Bissett is a member of the Canadian Institute of Planners and a Registered Professional Planner. He was retained by Rockport (MPE) Inc., (“Applicant/Appellant”) to provide it with land use planning advice respecting this matter.

3Mr. Bissett’s Affidavit provides a comprehensive review of the subject property and the surrounding area as well as the planning policies in relation to the subject lands.

SITE AND SURROUNDING CONTEXT

4The Subject Site itself is located within the Yonge-Eglinton Secondary Plan Area, at the edge of the Yonge Eglinton Centre on the west side of Mount Pleasant. It is located within the Mount Pleasant Station Core Area, as identified by Official Plan Amendment No. 405 (“OPA 405”), and is in proximity to both subway and light rapid transit stations, as well as a mix of high-rise office, commercial, and residential uses along Eglinton Avenue and to the west within the Yonge Eglinton Centre. The Mount Pleasant East Neighbourhood is a mixed-use neighbourhood, consisting of low-rise neighbourhoods, with two to three storey buildings containing a mix of uses along Mount Pleasant Road and Eglinton Avenue and a mix of high-rise office, commercial, and residential uses along Eglinton Avenue.

5The Subject Site is located on the east side of Mount Pleasant Road, south of Eglinton Avenue East, and is municipally known as at 717-733 Mount Pleasant Road. It is generally rectangular in shape, with a frontage of approximately 62 metres (“m”) along Mount Pleasant Road, and a depth of approximately 43.0 m, resulting in a site area of 2,970 square metres (“sq m”). The site is generally flat, with a slight downward slope from the west side of the site to the east. It is currently occupied by four two-storey commercial buildings and a temporary surface parking lot. The site is currently accessed by way of a private driveway over the southerly portion of the 733 Mount Pleasant Road parking area frontage. The property at 717 Mount Pleasant Road is also accessed from Soudan Avenue by an existing easement. The existing buildings are currently occupied with commercial tenants in two of the three buildings.

6The site features nearby access to the Mount Pleasant Cemetery (81.1 hectares), and to the Kay Gardner Beltline Trail, which is one of three segments to the Toronto Beltline that spans a total of nine (9) kilometres from west of Allen Road to the Moore Park Ravine.

7Other amenities in the surrounding area include Toronto Prep School and Hodgson Senior Public School (northeast corner of Mount Pleasant Road and Davisville Avenue), June Rowlands Park (northwest corner of Mount Pleasant Road and Davisville Avenue), Northern Secondary School (northeast corner of Mount Pleasant Road and Roehampton Avenue).

8The Subject Site is well served by public transit infrastructure including Toronto Transit Commission (“TTC”) surface bus routes 74 (“Mount Pleasant”) and 141 (Downtown/Mount Pleasant Express). The site is also within a 170 m radius of the future Mount Pleasant LRT Station on the Eglinton-Crosstown LRT currently under construction and nearing completion.

9In addition, the subject site is located approximately 750 m (radial distance) (representing an approximate ten-minute walk), from the Eglinton Subway Station. The Eglinton Subway station provides direct access to the Line 1 Yonge-University- Spadina subway line, which connects to the Line 2 Bloor-Danforth and the Line 4 Sheppard subway lines. The Eglinton subway station also includes a TTC bus terminal at which approximately eight (8) bus routes connect to the subway system, including Routes 5 (Avenue Road), 97AB (Yonge), 56A (Leaside), 34AC (Eglinton East), 54 (Lawrence East), 32AC (Eglinton West), 51 (Leslie), and 61 (Avenue Road North).

THE APPLICATION

10An application for zoning by-law was submitted by the Applicant/Appellant for the Subject Site in December 2019, for a 27-storey residential mixed-use building, with a height of 92.0 m (to the top of the mechanical penthouse), containing 264 residential units and 587 sq m (6,317 square feet) of retail space on the ground floor. The new building would replace four existing two (2)-storey commercial buildings and associated surface parking areas.

11The Applicant/Appellant filed an appeal with the predecessor Local Planning Appeal Tribunal (“LPAT”) for failure by City Council to render a decision within the time limits prescribed by the Planning Act .

12Following the filing of the appeal, meetings were held with members of the community including the Ward Councillor, and members of City staff. Comments were also received from various departments and agencies related to the Original Application following the submission.

13The Applicant/Appellant resubmitted materials in November 2020 with revisions to the following proposals:

• increased ground floor setback from 1.5 to 3.4 metres, resulting in an increased sidewalk zone of 6.0 metres (previously 4.2 metres);
• inclusion of a 1.2 metre-wide planter and a 1.8 metre-tall perimeter fence along the east lot line.
• Increase in the overall amount of residential amenity space;
• removal of wrapped balconies to reduce the mass as seen from the public realm;
• reconfiguration of the ground floor and relocation of the proposed loading space and parking ramp to the north elevation of the building, within the building’s envelope. The Original Application had sited the loading and parking ramp at the rear of the site, along the laneway The proposed reconfiguration would limit the use of the laneway and mitigate potential impacts from loading, servicing and parking on residents to the east.

14Following the November 2020 resubmission, the Applicant/Appellant engaged in further without prejudice mediation sessions with City staff, the Toronto District School Board and resident groups resulting in a revised site plan and massing, dated July 12, 2021, prepared by Wallman Architects.

THE REVISED PROPOSAL

15The revised proposal consists of a 23-storey residential mixed-use building, inclusive of a five (5)-storey base building element, comprised of non-residential uses at-grade and residential dwelling units above. The building will have an overall height of 75.0 m to the top of roof, and 81.0 m to the top of the mechanical penthouse. The revised proposal will have a total gross floor area of 17,240.1 sq m, including 16,963.0 sq m of residential gross floor area and 277.1 sq m of retail gross floor area.

16The ground floor will be setback 3.3 m from the front lot line, providing for an enhanced public realm and a 2.1 m pedestrian clearway. The ground floor will be comprised of the residential lobby, servicing and loading functions, and retail uses.

17The tower is setback 20.0 m from the Neighbourhood designated lands adjacent to the east lot line.

18In terms of uses, Levels 2-23 will be comprised of residential dwelling units. The building will also include a minimum of 10% of the dwelling units as three-bedroom units, and a minimum of 30% as two-bedroom units.

19With respect to parking, loading and servicing, a total of 92 vehicular parking spaces, 251 bicycle parking spaces, and one Type ‘G’ loading space will be provided.

20The vehicular parking will be accommodated within a two (2)-level underground parking garage. The parking ramp will be located on the north elevation of the building and accessed by a covered two-way driveway from Mount Pleasant Road.

21With respect to loading, the Type ‘G’ loading space will also be located on the north elevation to mitigate impact on neighbours to the east.

22All parking and loading is proposed interior to the site and screened from public space accordingly.

23Lands 7.5 m in width located at the rear of the site, will be conveyed to the City to facilitate a future north/south public lane, with no parking beneath the lane to minimize potential impacts on trees on neighbouring lands to the east. The conveyance allows for a 6.0 m wide paved area and setbacks (in accordance with City standards) and a 1.2 m wide landscaped buffer along the east lot line.

24As part of this conveyance, the Applicant/Appellant will work with the neighbours and the City on the design of this landscaped buffer and associated fence and retaining wall, as well as the potential for additional plantings on adjoining lands to the east.

25The Applicant/Appellant will install and maintain the landscaped buffer, which could be secured by a legal conveyance pursuant to the Section 37 agreement, which the Applicant/Appellant will enter into with the City.

FINDINGS

26The evidence shows that the Subject Site is well served by existing and under construction transit stations and services and that the revised proposal would be in keeping with provincial policies that promote transit-supportive development in a manner that optimizes infrastructure. It is in a Mixed Use Areas designation, which is r intended for growth and is intended to absorb most of the anticipated increase in retail, office and service employment in Toronto in the coming decades, as well as much of the new housing.

27The Revised Proposal is consistent with the land use permissions of the Mixed Us Areas designation, which include a broad range of commercial and residential uses in single-use or mixed-use buildings. The City’s Official Plan provides that Mixed Use Areas will create a balance of high quality commercial, residential, institutional and open space uses. The Tribunal finds that Revised Proposal, comprised of residential dwelling units, and the inclusion of retail space along a Priority Retail Street, is consistent with the uses permitted within the Mixed Use Areas designation.

28The proposed mix of uses also conforms with the policies of OPA 405, which permits a variety of residential, office and civic clusters around transit stations, and a mix of residential, retail and service, office, institutional, parks, entertainment and cultural uses within Mixed Use Areas “B”. The Revised Plans include a variety of land uses and has been designed to accommodate larger households. In this respect, 40% of the proposed dwelling units contain two or three bedrooms (including 10% three bedrooms units).

29Furthermore, the proposed residential and commercial uses are permitted by the CR zoning in By-law No. 438-86 and By-law No. 569-2013.

30In terms of height, the Tribunal finds that the Subject Site is a contextually appropriate location for a tall building given its location on an Avenue, its proximity to existing and future transit services, and its relation to other existing and approved tall buildings in the Yonge- Eglinton Secondary Plan Area. The proposed 23-storey building would also be in keeping with the 20-35 storey height range identified for the Mount Pleasant Station Core Character Area in OPA 405.

31In terms of massing, the Tribunal agrees with Mr. Bissett that the Proposed Development conforms with the built form policies of the Official Plan and performs well within its context, having regard to the City’s Tall Building Design Guidelines. In this regard, the Revised Proposal includes a number of setbacks and step backs, particularly from the rear lot line, to provide for a tower separation distance of 20.0 m from low-rise Neighbourhoods properties to the east.

32The Tribunal finds that the proposed density, which will be approximately 5.81 FSI is both appropriate and desirable given that it is important from land use and transportation planning perspectives to optimize density on the Subject Site, which is in proximity to existing and future “higher order transit”, as defined in the Growth Plan, and per the policy directions stipulated in the Official Plan regarding intensification along the Avenues. Furthermore, the Official Plan does not generally include density limitations and specifically does not do so in the case of the Subject Site. The Official Plan provides that land use designations are generalized, leaving it to the Zoning By-law to “prescribe the precise numerical figures and land use permissions that will reflect the tremendous variety of communities across the City”. Accordingly, it is reasonable to establish an appropriate density for the Subject Site based on specific built form design, context and urban structure considerations, such as those set out above , rather than on the basis of density numbers.

33The Revised Proposal has been designed to reduce overlook and privacy impacts by providing for a blank wall condition where it directly abuts the north and south lot lines . In terms of shadowing, the reduction to the overall height of the building, as well as changes to the rooftop mechanical penthouse and to the proposed location of balconies on the tower portion of the building, have resulted in reduced shadow impacts on the outdoor area associated with the Eglinton Junior Public School to the north of the site, and has eliminated any shadowing of the school’s solar panels. There are also no shadows on the solar panels associated with the First Christian Reformed Church of Toronto. In general, shadow impacts on the surrounding community have also been reduced by the Revised Proposal.

34In addition, the Revised Proposal is well separated from the Neighbourhood designated lands to the east and provides for a tower separation of 20.0 m from these lands.

35The Tribunal finds that the Proposed Development is appropriate and desirable and will fit harmoniously with its existing and planned built form and open space context and conforms with the built form and public realm policies of the Official Plan and achieves the intent and objectives of the relevant design guidelines. Furthermore, the Revised Proposal will be of a contemporary design that will result in significant urban design improvements over the existing site conditions. and will enhance the character of the Mount Pleasant Avenue and a Priority Retail Street by including at-grade retail uses which will facilitate increased pedestrian activity along Mount Pleasant Road.

Conclusions

36The Tribunal finds on the uncontroverted evidence before it, that the Proposed Development as set out in the Settlement Plans and permitted through the proposed draft zoning by-law amendment is appropriate and desirable land use planning and urban design terms and should be approved. The Tribunal further finds that the Proposed Development is consistent with the PPS 2020, conforms to the 2019 Growth Plan, as amended, and the City of Toronto Official Plan. It also has appropriate regard for the applicable tall building guidelines and represents good planning and is in the public interest.

37The Tribunal grants the approval of the Draft Zoning By-law Amendment, subject to the following conditions which are to be satisfied prior to the issuance of the Ontario Land Tribunal's final order approving the Draft Zoning By-law Amendment.

38Accordingly, the appeal is allowed and the zoning by-law will be amended in a form substantially in accordance with Attachment 1 hereto (Exhibit I to the Affidavit of Michael Bissett, sworn January 17, 2022) subject to the conditions set out in Attachment 2 hereto. The Tribunal’s final order will be withheld until such time that it has been notified by the City that these conditions have been fulfilled.

39It is so ordered.

“R.G.M. Makuch”

R.G.M. MAKUCH

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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

ATTACHMENT “1”

Zoning By-law – Exhibit I in Affidavit of Michael Bissett, sworn January 17, 2022

ATTACHMENT “2”

Proposed Conditions of Final Order

The Tribunal shall withhold its final order on the Zoning By-law Amendment application until such time as the Tribunal has been advised by the City Solicitor that:

1. the proposed Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;:

2. the City and the Applicant have entered into and registered a Section 37 Agreement securing the follow benefits outlined below, all the satisfaction of the City Solicitor:

   1. the community benefits recommended to be secured in the Section 37 Agreement are as follows:

i. an indexed cash contribution in the amount of one-million and six-hundred thousand dollars ($1,600,000.00), to be paid by the Applicant to the City prior to the issuance of the first above-grade building permit for the Site, and to be allocated for community improvements in the vicinity of the Site in Ward 15, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor;

2

ii. all cash contribution referred to above shall be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of registration of the Section 37 Agreement to the date the payment is made; and

iii. in the event the cash contribution referred to above has not been used for the intended purposes within three (3) years of the by-laws coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in Ward 15; and

2. the following are also recommended to be secured in the Section 37 Agreement as a legal convenience to the support development:

i. the design, construction, conveyance, and maintenance of lands by the Applicant to the City of Toronto, being 7.5 metres in width, at the rear of the Subject Site, as shown on the Revised Plans dated June 8, 2021 inclusive in Public Attachment 2 to this report, for the purpose of a future north-south public laneway, free and clear of all encumbrances, as required by the Yonge-Eglinton Secondary Plan. Details of the design of the lane shall be secured through the site plan process, in accordance with the applicable City standards, all to the satisfaction of the Chief Planner and Executive Director, City Planning

ii. the design, construction, installation, and ongoing maintenance by the Owner of the 1.5 metre wide landscaped buffer along the east lot line, located within the lands to be conveyed by the Applicant to the City for the new north-south public laneway as shown on the Revised Plans dated June 8, 2021 inclusive, the design of which shall be secured through the site plan process, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

3. the Applicant has submitted a revised Functional Servicing Report and Stormwater Management Report and Hydrogeological Report which address the items contained in the January 4, 2021 Memorandum from Engineering and Construction Services, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

4. the Applicant has submitted a revised Traffic Impact Study, Parking and Loading Study, and Waste Management Study, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;