Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 14, 2022
CASE NO(S).: OLT-22-002177 (Formerly PL200329)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2160943 Ontario Inc.
Subject: Request to amend the Official Plan - Refusal of request by the City of Toronto
Existing Designation: Mixed Used Areas
Proposed Designated: Mixed Used Areas
Purpose: To permit a built form which is not a low scale built form
Property Address/Description: 335 Yonge Street
Municipality: City of Toronto
Approval Authority File No.: 19 249699 STE 13 OZ
OLT Case No.: OLT-22-002177
Legacy Case No.: PL200329
OLT Lead Case No.: OLT-22-002177
Legacy Lead Case No.: PL200329
OLT Case Name: 2160943 Ontario 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: 2160943 Ontario Inc.
Subject: Application amend Zoning By-law No. 438-86 and By-law No. 569-2013 - Refusal of Application by the City of Toronto
Existing Zoning: CR T4.0 C4.0 R1.5 under By-law 438-86 and CR 4.0 (C4.0; R1.5) SS1 (x2553) under By-law 569-2013
Proposed Zoning: CR with site specific provisions
Purpose: To permit a 30-storey mixed-used building with 165 dwellings and a total gross floor area of 14,299 square metres
Property Address/Description: 335 Yonge Street
Municipality: City of Toronto
Municipality File No.: 19 249699 STE 13 OZ
OLT Case No.: OLT-22-002178
Legacy Case No.: PL200330
OLT Lead Case No.: OLT-22-002177
Legacy Lead Case No.: PL200329
Heard: April 16, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Toronto | M. Longo |
| 2160943 Ontario Inc. | J. Evola |
| Karrum Investments | C. Lantz |
MEMORANDUM OF ORAL DECISION DELIVERED BY D. Burton and D.S. Colbourne ON april 16, 2022, AND INTERIM ORDER OF THE TRIBUNAL
1Based on the evidence of Michael Bissett, the planner for the Applicant, the Tribunal orally approved the draft By-law and Official Plan Amendment, in principle, subject to fulfillment of the conditions set out in Schedule 3.
2The property is situated at the southeast corner of the intersection of Yonge and Gould Streets in the City of Toronto. North of Gould on the east corner is the Ryerson Student Learning Centre. To the south of the property are two 3-storey commercial buildings. To the east is O’Keefe Lane and east of that is a parking garage for faculty and staff of the University. From a public transit perspective, the subject site has excellent access to the Dundas Street Subway station.
3On March 5, 2020 the Applicant applied for Official Plan and Zoning By-law Amendments to permit a 30-storey mixed use building with 165 residential units and 2,096 sq m of retail space. Council supported by a Planning Staff Report refused the applications on August 12, 2020. That refusal was appealed by the owner. A community consultation meeting was held, and departmental reports were considered.
4A CMC was held January 25, 2021, followed by a Procedural Order. This was followed by Tribunal-led mediation. An offer to settle was made. At a meeting of City Council, a resolution accepted the settlement, subject to conditions.
5That settlement which addressed issues of height and setbacks has resulted in a proposal for a 16-storey (54.2 m) mixed use, mid-rise building, with a 5-storey base podium, for a total of 7086 sq m (1604 sq. m of non-residential). No vehicular parking is proposed, but 95 bicycle spaces are available with access off Gould Street and O’Keefe Lane.
6The form of the building incorporates an appropriate 7.5 m setback from Yonge Street above the 5th floor, to provide for a low-rise scale along the street. Along Gould Street the building includes a 2 m setback above the 6th floor to provide a break in the massing along the Gould frontage. There will be a knock-out panel to facilitate a future connection to Dundas Street Subway station.
7Mr. Bissett’s opinion is that the proposal is appropriate, it is consistent with the Provincial Policy Statement, conforms to the Official Plan and the Growth Plan, has regard for matters of provincial interest and represents good planning. Based on this opinion the Tribunal orally approved the Zoning By-law Amendment and Official Plan Amendment in principle, subject to the completion of the conditions in Schedule 3.
INTERIM ORDER
8THE TRIBUNAL ORDERS THAT the Appeals are allowed in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite conditions identified in paragraph 9 below, and:
(a) the draft Amendment to the Official Plan for the City of Toronto (“Official Plan Amendment”) respecting the lands municipally known in the year 2021 as 335 Yonge Street, as set out in Schedule 1 to this Interim Order is hereby approved in principle; and
(b) the draft Zoning By-law Amendment amending Zoning By-law No. 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 335 Yonge Street, as set out in Schedule 2 to this Interim Order, is hereby approved in principle.
9The Tribunal will withhold the issuance of its Final Order contingent upon confirmation of the City Solicitor, that all the pre-requisite matters set out in Schedule 3 to this Interim Order have been addressed to the City’s satisfaction.
10The Panel Members will remain seized for the purposes of reviewing and approving the final draft of the Official Plan Amendment and Zoning By-law Amendment and the issuance of the Final Order.
11If the Parties do not submit the final drafts of the Official Plan Amendment and the Zoning By-law Amendment, and provide confirmation that all contingent pre-requisites to the issuance of the Final Order set out in paragraph 9 above have been satisfied, and do not request the issuance of the Final Order by December 31, 2022, the Applicant and the City shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the draft Official Plan Amendment and draft Zoning By-law Amendment and issuance of the Final Order by the Tribunal. In the event the Tribunal fails to receive the required status report, and/or in the event the contingent pre-requisites are not satisfied by the date indicated above, or by such other deadline as the Tribunal may impose, the Tribunal may then dismiss the Appeal.
12The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadline for the submission of the final form of the instruments, the satisfaction of the contingent pre-requisites and the issuance of the Final Order.
“G. Burton”
G. BURTON
VICE-CHAIR
“D.S. Colbourne”
D.S. COLBOURNE
VICE-CHAIR
Ontario Land Tribunal
Website: www.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.
Schedule 1
SCHEDULE 2
SCHEDULE 3
CONDITIONS