Hyde Park Ltd. et al v. Toronto (City), 2022 CanLII 67001

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 18, 2022

CASE NO(S):. OLT-21-001727 (Formerly PL200376)

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Appellant: Hyde Park Limited Partnership

Appellant: Leaside Residences I LP

Subject: Proposed Official Plan Amendment No. OPA 450

Municipality: City of Toronto

OLT Case No.: OLT-21-001727

Legacy Case No.: PL200376

OLT Lead Case No.: OLT-21-001727

Legacy File No.: PL200376

OLT Case Name: Hyde Park Ltd. et al 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: Leaside Residence I LP

Subject: Application to amend Zoning By-law No. 1916 & 569-2013 – Neglect or Refusal of application by the City of Toronto

Existing Zoning: Commercial General (C1) & CR 2.0 (c2.0; r1.3) SS3 (x1163)

Proposed Zoning: Site Specific

Purpose: To permit the proposed development with ground floor residential uses

Property Address/Description: 126 and 132 Laird Drive

Municipality: City of Toronto

Municipal File No.: 20 181262 NNY 15 OZ

OLT Case No.: OLT-21-001079

OLT Lead Case No.: OLT-21-001727

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Subject: Site Plan

Referred by: Carlie Turpin

Property Address/Description: 126 and 132 Laird Drive

Municipality: City of Toronto

OLT Case No.: OLT-21-001080

OLT Lead Case No.: OLT-21-001727

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

Applicant and Appellant: Leaside Residence I LP

Subject: Application to amend Zoning By-law No. 1916 & 569-2013 – Neglect or Refusal of application by the City of Toronto

Existing Zoning: Commercial General (C1) & CR 2.0 (c2.0; r1.3) SS3 (x1163)

Proposed Zoning: Site Specific

Purpose: To permit the proposed development with ground floor residential uses

Property Address/Description: 134 Laird Drive

Municipality: City of Toronto

Municipal File No.: 20 181297 NNY 15 OZ

OLT Case No.: OLT-21-001081

OLT Lead Case No.: OLT-21-001727

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A

Subject: Site Plan

Referred by: Carlie Turpin

Property Address/Description: 134 Laird Drive

Municipality: City of Toronto

OLT Case No.: OLT-21-001008

OLT Lead Case No.: OLT-21-001727

Heard: June 14, 2022 by video hearing

APPEARANCES:

Parties

Counsel/Representative*

Hyde Park Limited Partnership

Adrian Frank

Leaside Residences LLP

Matthew Lakatos-Hayward

City of Toronto

Cameron McKeich and Sarah O’Connor

Leaside Residences Association

Douglas Obright*

MEMORANDUM OF ORAL DECISION DELIVERED BY M. ARPINO AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The City of Toronto (“City”) initiated an amendment of its Official Plan (“City OP”). On July 29, 2020, City Council adopted Official Plan 450 (“OPA 450”). Leaside Residences LLP (“Appellant”) appealed specific sections of the OPA 450 to the Tribunal pursuant to subsection 17(24) of the Planning Act (“Act”).

2Hyde Park Limited Partnership also appealed OPA 450; that appeal is not before the Tribunal in this hearing event.

3The Appellant is the owner of 2 distinct parcels of land known municipally as 126 Laird Drive and 134 Laird Drive (“Lands”). The Appellant proposes to construct an eight-storey building (plus mechanical penthouse / amenity level) on each parcel.

4To that end, the Appellant submitted a total of 4 applications being 2 applications to amend Zoning By-law No.1916 and 569-2013 (“ZBA Applications”) and 2 Site Plan Applications.

5On May 26, 2021, the Applicant appealed all four Applications due to Council’s failure to make a decision within the time frame stipulated in the Act.

6The City and the Appellant undertook mediation to resolve the appeals. The Tribunal convened a settlement hearing at the request of the Parties.

7The settlement before the Tribunal exclusively relates to the ZBA Applications and the Appellant’s appeal of OPA 450 (“Settlement Proposal”). The appeals of the Site Plan Applications remain outstanding.

8The Tribunal had before it a Document Book: Exhibit 1, a draft Zoning By-law: Exhibit 2, and a draft Modification of OPA 450: Exhibit 3.

9The Proposed Zoning By-law and the Modification of OPA 450 represent the Settlement Proposal which was proffered for consideration and approval of the Tribunal.

10The Appellant called one land use planning witness in support of the Settlement Proposal. Lindsay Dale-Harris was qualified by the Tribunal to provide opinion evidence in the discipline of land use planning.

11Ms. Dale-Harris provided contextual background regarding the proposed development. She reviewed each of the proposed Zoning By-law Amendments and the Modification of OPA 450.

12Overall, it was Ms. Dale-Harris’ evidence that the Settlement Proposal has regard for matters of provincial interest as identified in section 2 of the Act, is consistent with the Provincial Policy Statement, 2020 (“PPS”) and conforms with the Growth Plan for the Greater Golden Horseshoe, 2019, as amended (“Growth Plan”) and the City OP.

13She stated that the proposed redevelopment will contribute to the introduction of midrise buildings which will contribute to the achievement of a complete community. It was her opinion that the Settlement Proposal is in the public interest.

14Ms. Dale-Harris recommended that the proposed Zoning By-law and the Modification of OPA 450 be approved.

ANALYSIS AND FINDINGS

15The Tribunal finds on the uncontradicted planning evidence and opinions of Ms. Dale-Harris that the modification of OPA 450 and the Zoning By-law Amendments as proposed warrant approval.

16The Zoning By-law Amendment and the Modification to OPA are consistent with the policy direction of the PPS, conforms to the planning directives of the GP and meets the policy intent of the City OP.

17The Settlement Proposal has appropriate regard for matters of provincial interest, is consistent with the principles of good land use planning and is in the greater public interest.

ORDER

18The Tribunal Orders that the appeal is allowed and By-law 569-2013, as amended is hereby amended as set out in Attachment 1 to this Order. The Tribunal authorizes the Municipal Clerk of the City of Toronto to assign a number to this By-law for record keeping purposes.

19The Tribunal Orders that the appeal of OPA 450 is allowed in part and Amendment No. 450 to the Official Plan for the City of Toronto is modified to introduce a new Section 16.1 for the Lands and is hereby approved as amended in accordance with the draft Amendment shown on Attachment 2 to this Order.

20The partial approval and bringing into force of the policies set out in Attachment 2 for the Lands shall be strictly without prejudice to and shall not have the effect of limiting the jurisdiction of the Tribunal to consider and approve modifications, deletions or additions to the policies that remain under appeal by Hyde Park Limited Partnership on a site-specific basis for the lands known as 943-963 Eglinton Avenue East and 23 Brentcliffe Road.

21The parties will provide the Tribunal with a joint status report with respect to the outstanding Site Plan Appeal on or before January 27, 2023.

“M. Arpino”

M. Arpino

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

Authority: Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal File PL200376.

CITY OF TORONTO

BY-LAW [clerks to insert By-law number]-2022

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 126-132 and 134 Laird Drive.

Whereas the Ontario Land Tribunal, in its Decision issued on [date] and its Order issued on [date], in file PL200376, in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, ordered the amendment of Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 126-132 and 134 Laird Drive; 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 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 Ontario Land Tribunal, by Order, amends By-law 569-2013 as follows:

1. The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.

2. The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, Chapter 800 Definitions.

3. 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 from a zone label of CR 2.0 (c2.0;r1.3) SS3 (x1163) to a zone label of CR 2.0 (c2.0;r1.3) SS3 (x678) as shown on Diagram 3 attached to this By-law.

4. Zoning By-law 569-2013, as amended, is further amended by amending Article 900.11.678 Exception Number 678 so that it reads:

(678) Exception CR 678

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 126-132 and 134 Laird Drive, as shown on Diagram 1 of By-law [Clerks to insert By-law ##], if the requirements of Section 6, where applicable and Schedule A of By-law [Clerks to insert By-law ##] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (S) below:

(B) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure, as identified on Diagram 2 attached to this by-law, as:

(i) Block A, is the distance between the Canadian Geodetic Datum of 130.55 metres and the elevation of the highest point of the building or structure;

(ii) Block B, is the distance between the Canadian Geodetic Datum of 130.25 metres and the elevation of the highest point of the building or structure;

(C) Despite Regulation 40.10.40.1(1), residential use portions of the building can be located on the same storey as non-residential use portions of the building.

(D) Despite Regulation 40.10.40.10(3), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 4 of By-law [Clerks to insert By-law ##];

(E) Despite Regulations 40.5.40.10(3) to (8) and (D) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 4 of By-law [Clerks to insert By-law ##]:

(i) parapet and roof drainage components to a maximum of 1.5 metres;

(ii) safety railings, fences and guardrails to a maximum of 2.0 metres;

(iii) green roof elements, planters, wind and noise mitigation elements, structures used for open air recreation, screens, trellises, landscape features and telecommunication equipment to a maximum of 2.5 metres;

(iv) equipment used for the functional operation of the building including cooling towers, elevator shafts, overruns and machine rooms, maintenance and safety equipment, chimneys, pipes, vents, thermal and waterproofing assembly and green roof elements on top of a mechanical penthouse to a maximum of 3.0 metres;

(v) trellis, pergolas, wheelchair ramps, structural/non-structural architectural columns/piers and unenclosed structures providing safety or wind protection to rooftop amenity space, and divider screens on a balcony and/or terrace may project up to a maximum of 4.0 metres; and

(vi) stairs, stair enclosures, window washing equipment, lighting rods, exhaust flues, vents, ventilating equipment, chimney stack, garbage chute overruns and structures that enclose, screen or cover the equipment, to a maximum of 6.0 metres;

(F) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures on the lot is 18,100 square metres, of which:

(i) the permitted maximum gross floor area for residential uses is 10,000 square metres on Block A, as shown on Diagram 2;

(ii) the permitted maximum gross floor area for residential uses is 7,800 square metres on Block B, as shown on Diagram 2;

(iii) the required minimum gross floor area for non-residential uses is 200 square metres on Block A, as shown on Diagram 2;

(iv) the required minimum gross floor area for non-residential uses is 100 square metres on Block B, as shown on Diagram 2;

(G) Despite Regulation 40.10.40.50(1), a building with 20 or more dwelling units must provide amenity space on the lot at the following rate:

(i) at least 1.5 square metres for each dwelling unit as indoor amenity space;

(ii) at least 2.0 square metres of outdoor amenity space for each dwelling unit of which 40 square metres must be in a location adjoining or directly accessible to the indoor amenity space; and

(iii) no more than 25 percent of the outdoor component may be a green roof;

(H) Despite Regulation 40.10.40.70(3), the required minimum building setbacks are as shown in metres on Diagram 4 of By-law [Clerks to insert By-law ##];

(I) Despite (H) above, the required minimum building setback between a building height of 0.0 metres and 7.5 metres is 3.0 metres for the portion of the building abutting Laird Drive, and the required minimum building setback between a height of 0.0 metres and 4.5 metres is 1.0 metres for the portion of the building abutting Stickney Avenue, with the exception of any required corner rounding;

(J) Despite Clause 40.10.40.60, 40.5.40.60(1) and (H) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:

(i) columns, lighting fixtures, awnings, canopies, cornices, architectural features, piers, window washing equipment, parapets, parapet flashing, roof and terrace scuppers, roof overhang, gutter, downspout, trellises, window sills, balcony railings, guardrails, balustrades, railings, wind mitigation and acoustic screens and features, planters, wheel chair ramps, mechanical exhaust and intake components, underground garage ramps and their associated structures and elements, retaining walls, fences, Siamese connections, structural and architectural elements of the overhang and canopies, and privacy screens to a maximum of 2.0 metres; and

(ii) balconies and terraces to a maximum of 2.5 metres; and

(iii) despite (ii) above, along Laird Drive balconies on the 6^th storey or 7^th storey to a maximum of 1.0 metre;

(K) Regulation 40.10.50.10(1)(B), with respect to front yard landscaping, does not apply;

(L) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:

(i) a minimum of 83 parking spaces for residents in Block A;

(ii) a minimum of 14 parking spaces for visitors or non-residential gross floor area in Block A;

(iii) a minimum of 58 parking spaces for residents in Block B;

(iv) a minimum of 12 parking spaces for visitors or non-residential gross floor area in Block B;

(M) Despite Regulation 200.5.10.1(1), "car-share parking spaces" may replace parking spaces otherwise required for residential occupants, subject to the following:

(i) a reduction of 4 resident occupant parking spaces will be permitted for each "car-share parking space" provided and that the maximum reduction permitted be capped by the application of the following formula:

a. 4 multiplied by (total number of dwelling units divided by 60), rounded down to the nearest whole number;

(ii) for the purpose of this exception, "car-share" means the practice whereby a number of people share the use of one or more motor vehicles and such "car-share" motor vehicles are made available to at least the occupants of the building for short-term rental, including hourly rental; and

(iii) for the purpose of this exception, "car-share parking space" means a parking space exclusively reserved and signed for a vehicle used only for "car-share" purposes;

(N) The parking spaces required for non-residential uses in (M)(ii) and (M)(iv) above, may be used as public parking;

(O) Despite Regulation 200.5.1.10(2)(A), a maximum of 15 percent of the required parking spaces may have a minimum dimensions of:

(i) length of 5.1 metres;

(ii) width of 2.4 metres;

(iii) vertical clearance of 1.7 metres; and

(iv) the side of the parking spaces may be obstructed;

(P) Regulation 200.5.1.10(2)(D), with respect to a parking space obstructed by any part of a fixed object, does not apply;

(Q) Despite Regulation 200.15.1(4), an accessible parking space is not required to be closest to a barrier-free passenger elevator that provides access to the first storey of the building or the shortest route from the required entrance to an elevator;

(R) In addition to Regulation 220.5.1.10(8)(D), a staging pad adjacent to a Type “G” loading space may have a minimum vertical clearance of 4.4 metres;

(S) Despite Regulations 230.5.1.10(4) and (5), stacked bicycle parking spaces must be provided and maintained with the following minimum dimensions:

(i) length of 1.8 metres;

(ii) width of 0.43 metres; and

(iii) vertical clearance of 1.2 metres.

Prevailing By-laws and Prevailing Sections: (None Apply):

5. Despite any severance, partition or division of the lands, the provisions of this By-law shall apply as if no severance, partition or division occurred.

6. Section 37 Requirements:

(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 3 attached to 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 attached to this By-law 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;

(B) Where Schedule A attached to 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; and

(C) The owner shall not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to this By-law unless all provisions of Schedule A are satisfied.

Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal File PL200376.

SCHEDULE A

Section 37 Requirements

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 in Diagram 4 in this By-law and secured in an agreement or agreements under Section 37(3) of the Planning Act whereby the owner agrees as follows:

1. Prior to issuance of the first above-grade permit on either Block A or Block B as shown on Diagram 2, the owner shall:

(A) Make a cash contribution to the City in the amount of Eight Hundred Fifty Thousand Dollars ($850,000.00) to be allocated towards local improvements at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, with such amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date the payment is made.

(B) Make a one-time contribution to the City in the amount of twenty-five thousand dollars ($25,000.00) for each of Block A and Block B for a total of fifty thousand dollars ($50,000.00), with such amount to be upwardly indexed in accordance with the terms set out in the Section 37 agreement, towards the installation of one new bike-share station on the lands or in the surrounding area.

2. Prior to Site Plan Approval, the owner shall:

(A) Make arrangements, to the satisfaction of the Chief Planner, in consultation with the General Manager, Transportation Services, to:

(i) Provide and maintain a minimum of one (1) bike repair station on each of Block A and Block B.

(ii) Provide and maintain a minimum of one (1) real-time transportation screen on each of Block A and Block B.

(iii) Provide and maintain a minimum of two (2) publicly accessible car-share parking spaces on either Block A or Block B.

(B) Work with City staff to, at no cost to the City:

(i) Install a historical plaque or equivalent commemoration at the southeast corner of Block B.

(ii) Install of a combination of gateway landscape and streetscape improvements at the corners of Laird Drive and Stickney Avenue.

(iii) Cap and/or remove decommissioned infrastructure as may be required, subject to confirmation of the status of any existing Toronto Water infrastructure on site.

(C) Provide documentation that it has explored:

(i) the potential elimination of existing utility poles on the lands adjacent to the South Lands and the North Lands, if feasible, and

(ii) further reductions to the height of and area required for the mechanical equipment located on the rooftop of each building, where feasible.

3. The owner shall provide proof of purchase and distribution of 1-year Car-Share memberships to all first-time residential unit owners to the satisfaction of the Chief Planner.

4. The owner shall construct and maintain the development in accordance with Tier 1, Toronto Green Standard.

5. In the event the cash contribution referred to in Clause 1(A) has not been used for the intended purpose within three (3) years of this By-law 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 local Councillor, provided that the purpose is identified in the Official Plan and will benefit the community in the vicinity of the lands.

Attachment 2

Authority: North York Community Council Item NY10.2, adopted as amended, by City of Toronto Council on November 26 and 27, 2019 and Ontario Land Tribunal Decision/Order issued on [INSERT DATE], with respect to Tribunal Case OLT-21-001727

CITY OF TORONTO

BY-LAW 628-2020

To approve Amendment 450 to the Official Plan for the City of Toronto with respect to the lands south of Eglinton Avenue East between the planned Don Avon Drive extension, Vanderhoof Avenue and Aerodrome Crescent, and lands on the west side of Laird Drive between Vanderhoof Avenue and Millwood Road.

Whereas authority is given to the Ontario Land Tribunal under the Planning Act, R.S.O. 1990, c. P.13, as amended, to approve this By-law; and

The Official Plan of the City of Toronto, as amended, is further amended by the Ontario Land Tribunal, as follows:

1. The attached Amendment 450 to the Official Plan is hereby approved as amended to introduce a new Section 16.1 for the addresses known as 126, 132, and 134 Laird Street, pursuant to the Planning Act, as amended.

Pursuant to the Ontario Land Tribunal Decision/Order issued on [insert], 2022, with respect to Tribunal Case OLT-21-001727

AMENDMENT 450 TO THE OFFICIAL PLAN WITH RESPECT TO THE LANDS SOUTH OF EGLINTON AVENUE EAST BETWEEN THE PLANNED DON AVON DRIVE EXTENSION, VANDERHOOF AVENUE AND AERODROME CRESCENT, AND LANDS ON THE WEST SIDE OF LAIRD DRIVE BETWEEN VANDERHOOF AVENUE AND MILLWOOD ROAD

The Official Plan of the City of Toronto is amended as follows:

1. Site and Area Specific Policy No. 142 is amended by removing the lands known municipally in 2019 as 943-963 Eglinton Avenue East and 23 Brentcliffe Road from the Site and Area Specific Policy No. 142 map so that Site and Area Specific Policy No. 142 no longer applies to the said lands.

2. Maps 28 and 31, Site and Area Specific Policies (Key Maps) are amended by deleting Site and Area Specific Policy No. 396 and by adding Site and Area Specific Policy No. 568 to apply to the lands as shown below on Map 1.

3. Chapter 7, Site and Areas Specific Policies, is amended by deleting Site and Area Specific Policy No. 396 and replacing it with a new Site and Area Specific Policy No. 568 for the lands south of Eglinton Avenue East between the planned Don Avon Drive extension, Vanderhoof Avenue and Aerodrome Crescent, and lands on the west side of Laird Drive between Vanderhoof Avenue and Millwood Road as follows:

"568. South of Eglinton Avenue East and west of Laird Drive

1. Vision

Development of the lands will support the Eglinton Crosstown Light Rail Transit (LRT) investment and create a transit supportive, complete mixed-use community that will integrate with the surrounding area. New forms of development will respect the character of the residential and business contexts, while evolving to meet the needs of future residents and workers.

Development of the lands will:

i. Complement and support a community focus at Eglinton Avenue East and Laird Drive, which includes the Eglinton LRT Station, a public park, community facilities and Privately-Owned Publicly Accessible Spaces (POPS) connected to the surrounding community with an expanded network of streets.

ii. Promote Laird Drive as an enhanced main street which connects the new community focus area with the existing Leaside Memorial Gardens and facilities;

iii. Develop Eglinton Avenue East as a generously landscaped promenade linking the community focus area at Laird Drive to an accessible West Don River Trail; and

iv. Connect Leaside to the West Don River Trail by enhancing Vanderhoof Avenue as a park connector of existing and future parks.

2. Goals

The goals of development on the lands are to:

i. Support the investment in transit along Eglinton Avenue East while ensuring that development is linked to the ability of the transportation network and infrastructure to accommodate growth and support the Leaside employment area;

ii. Integrate with and respect the physical and cultural character of Leaside;

iii. Establish a high quality and well-connected public realm, including a network of streets, parks, open spaces, and Privately-Owned, Publicly Accessible Spaces (POPS), community amenities and gateways, to create a safe, comfortable, attractive and desirable community;

iv. Improve and prioritize connections and movement opportunities for pedestrians, cyclists and transit riders;

v. Transform Laird Drive into a vibrant and unifying main street which accommodates appropriately scaled mid-rise development with an enhanced and high quality public realm; and

vi. Protect Neighbourhoods from intensification pressures by directing growth to the Mixed Use Areas.

3. Land Use

General Policies

3.1 At-grade active uses are encouraged in buildings which abut Eglinton Avenue East or Laird Drive, including commercial, institutional, and office uses, community facilities and/or other non-residential uses.

3.2 At-grade active uses are encouraged in buildings which abut streets, parks and open spaces to animate these spaces, including commercial uses, at-grade residential units, and front door entrances to lobbies.

3.3 At-grade residential dwelling units and amenity areas in buildings that abut Eglinton Avenue East are not permitted.

General Employment Areas:

Area A - Parcel "2"

3.4 Development in Parcel "2" on Map 1 is limited to uses that are compatible with residential and sensitive non-residential uses permitted in the adjacent Mixed Use Areas and Neighbourhoods.

3.5 Major retail developments with 6,000 square metres or greater of retail gross floor area are not permitted in Parcel "2" on Map 1.

Mixed Use Areas:

Area A - Parcel "1"

3.6 Development in Parcel "1" on Map 1 that includes residential units is required to increase the amount of non-residential gross floor area that existed in Parcels "1" and "2" on Map 1 on December 18, 2013.

3.7 Given the presence of industries to the south and southeast of Parcel "1" on Map 1, a study of noise, dust, odour and other industrial related impacts is required prior to the approval of residential development and/or other sensitive non-residential uses within Parcel "1" so that appropriate design standards and building heights can be determined for buildings containing residential and/or sensitive non-residential uses.

Mixed Use Areas:

Area B

3.8 Development in Area B on Map 1 is intended to provide opportunities for smaller scale commercial uses.

4. Heritage

4.1 Development will respond to the built form of individual heritage resources as well as their contextual characteristics, including how heritage buildings relate to adjacent structures and the streetscape. As part of a complete application, a Heritage Impact Assessment will be required for development applications that affect existing and potential heritage properties, as shown on Map 2, Structure Plan.

5. Public Realm

5.1 The public realm structure on Map 2, Structure Plan, establishes and identifies a network of existing and new streets, gateways, public parks and open spaces, transit facilities, community facilities, pedestrian connections and POPS.

5.2 The expansion of the street network, north of Vanderhoof Avenue as shown on Map 2, Structure Plan, will enhance the function of the existing network of streets, establish suitably scaled blocks to provide address for development, and provide access to destinations within and beyond the area.

5.3 The public realm will enhance and expand upon the local character and identity of the community promoting civic life.

5.4 Opportunities will be explored with development and streetscape improvements to interpret and commemorate the history of Leaside, including its role as a rail and manufacturing hub, and the function of Laird Drive as a main street and transition between the original eastern industrial and western residential portions of the neighbourhood.

5.5 New development and public realm improvements will prioritize pedestrian movement and promote safe, convenient, comfortable and resilient spaces for pedestrians and cyclists by providing:

i. A finer grain street network that includes generous sidewalks on new and existing streets to be complemented by trees and other landscaping;

ii. Green, safe and comfortable spaces for all users and activities;

iii. Local streets that primarily support an increase in pedestrian activity;

iv. Midblock pedestrian connections through larger development blocks that improve pedestrian movement and access through generous walkways and landscaping; and

v. Coordination of goods movement related to the Leaside employment area and balancing these needs with pedestrian movement and safety.

5.6 Eglinton Avenue East will be a pedestrian-friendly promenade framed by trees, function as the primary east-west street and provide a clear and direct movement that extends from the Eglinton Crosstown LRT Station east towards the West Don River Trail and the Sunnybrook Park LRT Station.

5.7 Laird Drive will be an enhanced main street to accommodate:

i. Safe and separated cycling facilities;

ii. Gateways with public realm enhancements within the right-of-way to achieve high quality civic outdoor amenity spaces; and

iii. Curb extensions on local streets adjacent to Laird Drive will provide additional space for pedestrians and landscaping.

5.8 Brentcliffe Road will accommodate the movement of goods in support of the Leaside Employment Area and streetscape improvements to enhance the pedestrian environment.

5.9 Vanderhoof Avenue will connect existing and future parks and open spaces, and will provide:

i. A multi-use path and sidewalk on the north side of the street with a future connection east to the West Don River Trail; and

ii. Additional trees to be planted within the setback area to create a double row of trees.

5.10 Local streets will provide a finer grain street network with building setbacks that accommodate landscaping and promote pedestrian connectivity, and vehicular and servicing access where appropriate.

6. Parks and Open Spaces

6.1 The parks and open space network will be developed to support a range of uses and users through size, configuration, form, surface treatment, landscaping and programming.

6.2 Parks and open spaces may generally be located along the south portion of Area A near Vanderhoof Avenue to allow for good sky view and exposure to sunlight with minimal shadow impacts.

6.3 As part of any development, parkland provision will be required in the following priority at the discretion of the City:

i. On-site land dedication;

ii. Off-site land dedication; and/or

iii. Cash-in-lieu.

6.4 New parks will be located on prominent sites including public street corners, locations which terminate street views, and will align with mid-block pedestrian connections.

6.5 Environmental assessments will be completed in the initial stages of development to identify the impacts of potentially contaminating activities on proposed park locations. Park locations on development sites will be prioritized to portions of the site that can be remediated to the greatest extent.

6.6 POPS will be encouraged as part of development and designed to extend and connect the public realm in a way that contributes to civic life and is publicly accessible year-round.

6.7 Public art is encouraged to be provided in POPS, setbacks, accessible open spaces and public parks to promote a sense of identity and place.

7. Building Setbacks

7.1 Generous landscaped setbacks will be provided along all streets in order to integrate with the Leaside character, contribute to the public realm, and allow additional space for pedestrians, landscaping, amenities, and soil volumes to accommodate healthy tree growth. The setbacks will be sufficient to ensure direct and accessible at-grade connections from ground floor uses to the public sidewalk.

7.2 Setbacks of the first underground level abutting public streets will be provided to ensure adequate soil volumes for large canopy trees.

Area A

7.3 Buildings along Eglinton Avenue East and Vanderhoof Avenue will have a minimum 6 metre setback from these rights-of-ways.

7.4 Buildings along all other streets will have a minimum 3 metre setback from a right-of-way.

Area B

7.5 Buildings on the lands west of Laird Drive will have a minimum 3 metre setback from the Laird Drive right-of-way, and the setback requirement may be modified on identified heritage properties, shown on Map 2, Structure Plan.

7.6 Provide a minimum 3 metre soft landscaping buffer along the rear and side property lines abutting lands designated Neighbourhoods:

i. Where feasible, provide a minimum 5 metre soft landscaping buffer with landscaping enhancements along the rear and side lands abutting designated Neighbourhoods, in particular, large shade growing trees, evergreen trees, shrubs, and other landscaping that would screen and buffer the Neighbourhoods.

Setbacks Adjacent to Parks

7.7 Buildings abutting a park will have a minimum 5 metre setback from the park to allow pedestrian circulation and landscape around the park, an appropriate interface between the public and private lands, and for the maintenance of the building without an encroachment into the park.

8. Built Form

8.1 Development will have a high standard of design, be appropriately scaled, relate positively to the existing and planned context and contribute to enhancing the surrounding public realm around the Eglinton Crosstown LRT Station, and along the Laird Drive and Eglinton Avenue East corridors.

8.2 Development will fit its surroundings and limit its impacts with an appropriate transition in scale from higher building forms to adjacent lower scale areas, in particular, Neighbourhoods, by using appropriate setbacks, stepbacks, heights, angular planes, appropriate floor plate sizes and facade articulation.

8.3 Buildings should provide high quality, continuous ground floor weather protection along streets, parks and open spaces, and at building entrances, where possible.

Development Adjacent to Parks and Open Spaces

8.4 Loading and servicing areas and surface parking are not permitted in locations that abut a park.

9. Building Massing and Heights

General Policies

9.1 A range of building heights and types are permitted in Area A as shown on Map 3, Building Heights in Storeys.

9.2 Buildings will be massed to define and support the public realm and achieve good built form by providing appropriate:

i. Transition of scale between areas of growth and stable residential areas; and

ii. Relationships to streets and between buildings with good access to sunlight and open views of the sky from the public realm.

Eglinton Mid-rise Area:

Area A:

9.3 Locate mid-rise forms along Eglinton Avenue East with the following characteristics:

i. Provide a 6-storey streetwall height at the setback line; and

ii. Above the 6-storey streetwall, step back buildings and change materials and/or expression.

9.4 Locate mid-rise forms along Vanderhoof Avenue within Parcel "2", with the following characteristics:

i. Provide a maximum of 20 metre streetwall at the setback line; and

ii. Above the 20 metre streetwall, step back buildings, change materials and expression to maintain a legible streetwall and allow for good access to sunlight and daylight from the public realm.

Tall Buildings:

Area A

9.5 Tall buildings will be set back from the Eglinton Avenue East frontages towards the centre of the development blocks in Area A and will:

i. Take access and address from new local streets;

ii. Provide a base building to a maximum height of 3-storeys along local streets and abutting parks and open spaces; and

iii. Provide a maximum tower floor plate of 750 square metres above the base building that is stepped back a minimum of 3 metres from the base building.

9.6 The tallest buildings should be in close proximity to the Eglinton Crosstown LRT Station, with heights of tall buildings decreasing further to the east.

9.7 Notwithstanding policies 9.3, 9.5 and 9.6, good access to midday sunlight on the north public boulevard of Eglinton Avenue East at the solar equinoxes will be maintained by ensuring that no part of a building exceeds the height of a 45-degree angular plane originating at the property line from a height of 80 per cent of their respective street right-of-way width.

Laird Mid-rise Area:

Area B

9.8 Mid-rise and/or low-rise buildings are permitted in Area B as shown on Map 3, Building Heights in Storeys and will:

i. Provide a 4-storey streetwall at the setback line along all public streets;

ii. Step back the building mass above the 4-storey streetwall and change materials and/or expression;

iii. Generally be no taller than the planned 27 metre right-of-way width along Laird Drive and will fit within a 45-degree angular plane measured from a height of 80 per cent of the Laird Drive right-of-way width at the front property line;

iv. Minimize balcony projections within the first four storeys; and

v. Transition in scale within the development site through setbacks, stepbacks, and angular planes, and will provide access to sunlight and protect privacy, by minimizing overlook and shadows to neighbouring properties.

9.9 For lots that are greater than 41 metres in depth, no building will project into a 45-degree angular plane measured from the average grade at the rear property line that abut lands designated Neighbourhoods.

9.10 For lots that are less than or equal to 41 metres, no building will project into a 45-degree angular plane measured from a height of 10.5 metres taken 7.5 metres from the rear property line that abut lands designated Neighbourhoods.

9.11 Stand-alone townhouses are not permitted with the exception of the area between Stickney Avenue to the north and Southvale Drive to the south.

10. Mobility

10.1 New development will be reviewed to determine if there is available capacity within the transportation network and/or the contributions required to expand and enhance the network.

10.2 The Laird in Focus Mobility Report adopted by City Council provides the foundation for transportation infrastructure improvements and will be refined and implemented through the development approvals process and identified capital expenditures.

10.3 Development will provide required transportation infrastructure improvements and facilities as shown on Map 2, Structure Plan, and Map 4, Mobility Plan.

10.4 Establish a new east-west mid-block local street south of Eglinton Avenue East and north of Vanderhoof Avenue that will act as a connector from residential areas to the future Eglinton Crosstown LRT Station and key destinations.

10.5 Development will implement a finer grain street network, improving access and connectivity while facilitating a modal shift to active transportation and transit.

Pedestrian and Cycling Networks

10.6 The planned street network will connect to the surrounding street system to:

i. Provide safe and convenient pedestrian and cycling routes;

ii. Link key destinations within and beyond the area and provide direct connections to the Eglinton Crosstown LRT Station; and

iii. Narrow existing and planned roadway lane widths, to minimize pedestrian crossing distances.

10.7 Key pedestrian connections, as shown on Map 4, Mobility Plan, are areas where pedestrians are anticipated to frequently cross public streets or areas with high volumes of existing and/or anticipated pedestrian traffic and where an enhanced and safe pedestrian network is required.

10.8 At key pedestrian connections, and at other intersections as necessary, the intersections should provide high quality facilities and amenities, including but not limited to the following:

i. Removal of channelized traffic islands where possible;

ii. Shortened pedestrian crossings with curb extensions and intersection radius reduction;

iii. Wider crosswalks at the crossings where anticipated high pedestrian volumes will occur; and

iv. The provision of enhanced street furniture, streetscape treatments, and pedestrian amenities.

10.9 New signals will be appropriately planned and implemented with development as identified on Map 4, Mobility Plan, with all new developments to facilitate safe pedestrian crossing.

10.10 Cycling interchanges, as shown on Map 4, Mobility Plan, will have seamless and continuous transfer for cyclists across streets by providing bike boxes and other infrastructure to secure appropriate turning movements for cyclists.

10.11 Cycling infrastructure and facilities, including bicycle parking and shared bike facilities, should be provided along cycling routes and at cycling interchanges.

Transit

10.12 Integrate transit priority measures with streetscape improvements and within private development to improve transit users' experience of the local bus network.

10.13 Incorporate transit supportive infrastructure such as, pavement markings at key stops, seating, street furniture, and lighting and way finding signage, into the design of new development and infrastructure projects, where possible, to support existing and growing transit ridership.

Travel Demand Management and Parking Strategies

10.14 Travel Demand Management (TDM) and innovative mobility strategies are encouraged. These strategies promote travel demand measures that support alternatives to single occupant vehicular travel and allow more efficient use of existing and planned transportation infrastructure in the area.

10.15 Development will be required to submit a comprehensive TDM plan to the satisfaction of the City and contribute to a TDM monitoring program.

10.16 Integrate, where appropriate, Toronto Parking Authority facilities in development below grade near the Eglinton Crosstown LRT Station and implement TDM and shared mobility elements such as car-share and shared bike facilities to reduce parking demand.

10.17 Encourage transit usage through development by providing development-related transit benefits such as real-time arrival display boards and direct connections to the Eglinton Crosstown LRT Station.

10.18 Parking for development along Laird Drive will be underground or at the rear of properties, and parking access is encouraged to be provided from local streets, public lanes, and/or shared private driveways.

10.19 The new east-west mid-block street south of Eglinton Avenue East and north of Vanderhoof Avenue should be designed to facilitate short-term pick-up and drop-off.

Employment Mobility and Goods Movement

10.20 In recognition of the importance of the Leaside Employment Area, achieve safe and balanced mobility that will:

i. Encourage movement of goods along preferred corridors as identified in the Laird in Focus Mobility Report, informed by the City-wide Freight and Goods Movement Strategy;

ii. Locate goods service access from local streets for development along Eglinton Avenue East;

iii. Locate goods service access for development along Laird Drive at the rear of the property from local streets, public lanes, and/or shared private driveways; and

iv. Encourage loading and servicing uses to be consolidated and located underground.

11. Water, Sewer and Stormwater Infrastructure

11.1 Development will reduce the negative impacts of inflow and infiltration on the capacity of the City's sewer systems. Development that would negatively impact the capacity of the City's sewer system through inflow and infiltration will not be approved. Approvals may be conditional on inflow and infiltration issues associated with a development being adequately addressed to the City's satisfaction.

11.2 Development will provide required servicing infrastructure with development and any servicing upgrades will be the responsibility of the landowner.

12. Housing

12.1 To support the achievement of a complete and inclusive community, a full range of housing in terms of tenure and affordability will be encouraged, to meet the different and changing household needs over time, including units that are suitable for families with children, larger households, and units designed as accessible for seniors.

12.2 Development of new affordable and mid-range rental housing, and new affordable ownership housing is encouraged with new residential development to contribute to a full range of housing, in accordance with the applicable legislative framework.

13. Community Services and Facilities

13.1 Development may be requested to contribute new community service facilities on-site, and/or the renovation, expansion or replacement of existing facilities in surrounding areas to support future growth provided for on the lands.

13.2 New community service and facilities will be focussed along Eglinton Avenue East to capitalize on access to public transit available in this area.

13.3 The following community services and facilities will be prioritized:

i. New, non-profit child care facilities to serve the projected residential population growth;

ii. Flexible, multi-purpose, community facility space to provide for a wide range of programs for people of all ages and abilities.

13.4. New community facilities, expansion and/or retrofits of existing facilities will be designed to meet the requirements of the City and its agencies and will:

i. Be located in highly visible locations with strong pedestrian, cycling and transit connections;

ii. Be located within mixed-use buildings, where possible; and

iii. Provide flexible, accessible, multi-purpose spaces that can be animated in different ways and adapted over time to meet the varied needs of different user groups.

14. Sustainability

14.1 Environmentally sustainable built form will be encouraged through the development of individual sites.

14.2 Development will be encouraged to meet the Tier 2 Standards of the City of Toronto Green Development Standards.

14.3 Co-energy facilities will be encouraged.

14.4 Infrastructure which encourages sustainability will be provided with development such as cycling and pedestrian infrastructure, and sustainable storm water management facilities.

15. Implementation

15.1. The policies of this Site and Area Specific Policy (SASP) are to be read together in conjunction with the policies of the Plan to understand its comprehensive and integrated intent. The order of the policies contained in this SASP does not indicate the priority of one policy over another. In addition, SASP No. 568 should be read in conjunction with SASP No. 579 that applies to adjacent lands which are located southeast of the Eglinton Avenue East and Laird Drive intersection.

Urban Design

15.2 In order to assist in meeting the objectives of the SASP, Urban Design Guidelines will be formulated and adopted by City Council to provide direction for reviewing development applications in this area. They will include specific recommendations on public realm improvements, park location, and pedestrian and cycling connections. The guidelines will inform building siting, organization and massing. Consideration will be given to these guidelines during the preparation and review of development applications for each phase of development, and will:

i. Create an animated, connected, and high quality public realm;

ii. Promote development that defines and supports the public realm at an appropriate scale and respects and reinforces local character including its architectural vernacular; and

iii. Provide additional design direction for large blocks.

Transportation

15.3 A transportation monitoring program will be developed and undertaken for existing and proposed development with area stakeholders to evaluate growth and travel patterns as the transportation network and associated improvements are implemented. At appropriate times, a monitoring program will be coordinated by the City to inform Transportation Impact Studies submitted with development applications, and will include:

i. Travel characteristics of employees, residents and visitors including modal split, vehicular occupancy, trip distribution and peak hours of travel;

ii. Trip volumes from a multi-modal perspective on public streets and at key intersections, and the future network improvements of all transportation modes measured against development levels;

iii. Transit ridership and traffic volumes in the context of available capacity, new or approved transit availability, and the future total capacity of the transit network; and

iv. Parking availability, usage and location in relation to land use, as well as the performance of shared mobility options.

15.4 The findings of the transportation monitoring program will inform future transportation analysis and future review of development. The findings will be considered in the review of individual development and the implementation of TDM requirements.

Community Services and Facilities

15.5 The City will monitor development applications on the lands subject to Site and Area Specific Policy No. 568 on an on-going basis, taking into consideration the relevant service and facility plans of City divisions, public agencies, boards and commissions, including school capacity as part of on-going conversations, to evaluate the evolving needs of the area's population and inform the delivery of new and enhanced community services and facilities.

16. 126, 132 and 134 Laird Drive

16.1 For the lands known municipally in 2021 as 126, 132 and 134 Laird Drive, the following applies:

i. Despite policy 7.5 above, a building will have a minimum setback of 3.0 metres from the Laird Drive right-of way on the first and second storey.

ii. Despite Policy 9.10 above, the mechanical penthouse of a building on the lands may encroach into the required angular plane.

Map 2

Structure Plan

Map 3

Building Heights in Storeys

Map 4

Mobility

4. Map 3, Right-of-Way Widths Associated with Existing Major Streets, is amended by designating a portion of Brentcliffe Road from Eglinton Avenue East to Vanderhoof Avenue as a Major Street with a Right-of-Way width of 25 metres, as illustrated in Schedule A.

Schedule A:

Map 3 Right-of-Way Widths Associated with Existing Major Streets