Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 16, 2022
CASE NO(S).: OLT-22-002429
EFFECTIVE DATE: August 05, 2022
(Formerly PL210315)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: 2316160 Ontario Inc. et. al.
Subject: Request to amend the Official Plan – Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Downtown and Central Waterfront
Proposed Designated: Site Specific (To be determined)
Purpose: To permit the redevelopment of the lands with a new 59-storey mixed-use building
Property Address/Description: 510 – 528 Yonge Street & 7 Breadalbane Street
Approval Authority File No.: 20 207354 STE 13 OZ
OLT Case No.: OLT-22-002429
Legacy Case No.: PL210315
OLT Lead Case No.: OLT-22-002429
Legacy Lead Case No.: PL210315
OLT Case Name: 2316160 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: 2316160 Ontario Inc. et. al.
Subject: Application to amend Zoning By-law No. 569-2013 and 438-86 – Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Zoning By-law 569-2013 – Commercial Residential CR 3.0 (c2.0; r3.0) SS1 (x2546); Zoning By-law 438-86 – Commercial Residential CR T3.0 C 2.0 R3.0 (H18.0)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the redevelopment of the lands with a new 59-storey mixed-use building
Property Address/Description: 510 – 528 Yonge Street & 7 Breadalbane Street
Municipality File No.: 20 207354 STE 13 OZ
OLT Case No.: OLT-22-002430
Legacy Case No.: PL210316
OLT Lead Case No.: OLT-22-002429
Legacy Lead Case No.: PL210315
Heard: July 27, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2316160 Ontario Inc. | E. Costello and N. Mares |
| City of Toronto | M. Piel |
| Bay Cloverhill Community Association Inc. | I. Flett |
DECISION DELIVERED BY HUGH S. WILKINS AND ORDER OF THE TRIBUNAL
1On July 27, 2022, the Tribunal held a settlement hearing in regard to the appeals brought by 2316160 Ontario Inc. (“Appellant”) regarding the failure of the City of Toronto (“City”) to make decisions on the Appellant’s applications for official plan and zoning by-law amendments to facilitate development on the lands located at 510 - 528 Yonge Street and 7 Breadalbane Street (“subject properties”).
2In late July 2022, the Parties informed the Tribunal that they had reached a proposed settlement and the Tribunal convened a settlement hearing on July 27, 2022.
3On August 5, 2022, the City filed the proposed final instruments on consent with the Tribunal.
ISSUES
4When adjudicating official plan and zoning by-law amendment appeals, the Tribunal must determine whether the proposed amendments:
a) are consistent with policy statements issued by the Minister (in this case, the Provincial Policy Statement, 2020 (“PPS”));
b) conform with applicable provincial plans (in this case, the Growth Plan for the Greater Golden Horseshoe, 2019 (“Growth Plan”)); and,
c) represent good planning.
For a zoning by-law amendment appeal, the Tribunal must also determine whether the proposed amendment conforms with applicable official plans (in this case, the City’s Official Plan). Further, for both types or appeals, the Tribunal must have regard to the matters of provincial interest set out in s. 2 of the Planning Act and have regard to the information and materials that City Council received in relation to the matters under s. 2.1(2) of the Planning Act.
EVIDENCE AND SUBMISSIONS
5In support of the proposed settlement, the Appellant filed an affidavit sworn by Peter Smith, dated July 26, 2022. He is a land use planner retained by the Appellant. He also provided oral testimony at the settlement hearing. The Tribunal qualified him to provide opinion evidence in the areas of land use planning and urban design.
6Neither the City nor the Bay Cloverhill Community Association Inc. provided evidence at the settlement hearing. They both support the proposed settlement.
7At the settlement hearing, Mr. Smith stated that the proposed development consists of a 59-storey mixed-use development with a total gross floor area of 40,896.7 square metres. He said it would include 575 dwelling units along with 695.6 square metres of retail floorspace. He said 19 rental units would be included in the proposed development to replace the existing 19 rental units on the subject properties and 25 additional new affordable rental units would also be added. He noted that the portions of the subject properties located at 516 Yonge Street (including the entrance at 514 Yonge Street) and 526 Yonge Street (including the entrances at 528 Yonge Street and 7 Breadalbane Street) are protected under the Ontario Heritage Act.
8Mr. Smith opined that the proposed instruments are consistent with the PPS in that they would facilitate development that would make efficient use of land in an area that is well supported by existing transit and municipal services, provide for a density and mix of land uses that contribute to a compact, walkable, and transit-supportive environment, provide for a range of housing options and a mix of market and affordable units, and conserve heritage features.
9Mr. Smith opined that the proposed instruments conform with the Growth Plan. He said the subject properties are located within a “strategic growth area” and within the City’s “urban growth centre”. He said they are less than 800 metres from four different subway stations and are in an appropriate location for growth and development. He said the proposed development would provide a mix of uses in a compact built form and would contribute to a complete community.
10Mr. Smith opined that the proposed Zoning By-law amendment conforms with the City’s Official Plan. He stated that the subject property is designated as within a Mixed Use Area and is in a higher order transit corridor. He said the proposed development conforms with the Official Plan’s urban structure and transportation, public realm, built form, housing, and heritage conservation policies. He said it incorporates a design that reduces the potential impacts on on-site and adjacent heritage resources and the character of the Historic Yonge Street area. He said the proposed settlement is subject to the approval of an application to alter the site’s existing heritage designated properties. He stated that the proposed development also conforms to the Official Plan’s development criteria for Mixed Use Areas set out in its policy 4.5.2 by providing a mix of land uses, including retail and residential, a contextually appropriate building design, and separation distances allowing for appropriate light, views and privacy, and reduced shadow impacts.
11Mr. Smith stated that the proposed Zoning By-law Amendment conforms with the City’s Downtown Secondary Plan, which directs growth to the City’s downtown area and encourages the development of complete communities. He said the proposed development would provide a range of uses and a built form that is compatible with the surrounding area in terms of height, massing and scale. He reiterated that it would be transit-supportive, provide a mix of housing units, and enhance the public realm.
12Mr. Smith stated that the proposed Official Plan Amendment would amend the City’s North Downtown Yonge Site and Area Specific Policy (SASP No. 382) but implement its overall vision. He said the proposed development would conserve heritage building attributes on-site, provide for street-level massing that is consistent with the scale of the streetwall, provide an appropriate setback for the residential tower, and ensure transition in scale and height to adjacent properties. He said it would address sunlight, shadow, sky view and privacy impacts by redesignating the subject properties as a Height Transition Area, providing for maximum height and tower setbacks, and limiting new net shadows on the nearby Dr. Lillian McGregor Park.
13Mr. Smith opined that the proposal development meets the general intent of the City’s Tall Building Design Guidelines in terms of floor plate size, fitting in with the local context, base building orientation and design, pedestrian environment, underground parking, loading and drop-off areas, outdoor amenity space, tower separation distances, and stepbacks. He also said the proposed Zoning By-law Amendment would conform with SASP No. 517 on Downtown tall building development with setbacks to achieve a high-quality public realm and appropriate access to sunlight on streets, parks, open spaces and natural light within tall buildings.
14Mr. Smith also stated that the proposed development meets the general intent of the City’s North Downtown Yonge Guidelines by addressing heritage conservation, tall building stepback and street wall, and sense of place issues. He said the proposed development meets the intent of the City’s Growing Up: Planning for Children in New Vertical Communities - Urban Design Guidelines by providing an environment that supports a good quality of life for children and families. He said it also meets the intent of the City’s Pet-Friendly Design Guidelines and the City’s Downtown Parks and Public Realm Plan.
15Mr. Smith stated that he had regard to the matters of provincial interest set out in s. 2 of the Planning Act, including those in relation to orderly development, the provision of a range of housing opportunities, and the appropriate location for growth and development.
16Mr. Smith said the Appellant has agreed to enter into an agreement with the City under s. 37 of the Planning Act for the provision of community benefits, including: 25 additional affordable rental dwelling units in the development for a minimum period of 99 years; the registration of a limiting distance agreement; the filing of an Application to Alter under the Ontario Heritage Act regarding the designated properties on-site; the provision of a Conservation Plan for the properties located at 516 Yonge Street and 526 Yonge Street and the registration of a Heritage Easement Agreement for them; and the entering into and registration of an agreement authorized under s. 111 of the City of Toronto Act, 2006 regarding rental housing demolition.
FINDINGS
17Based on Mr. Smith’s opinion evidence, the Tribunal finds that the proposed instruments are consistent with the PPS and conform with the Growth Plan. It finds that the proposed Zoning By-law Amendment conforms with the City’s Official Plan and the City’s Downtown Secondary Plan. The Tribunal has had regard to the City’s applicable policies and guidelines and the matters of provincial interest in s. 2 of the Planning Act as well as the information and materials that City Council received in relation to the matter. The Tribunal finds that the proposed instruments constitute good planning.
ORDER
18The Tribunal orders the appeals are allowed in part and the City of Toronto Official Plan is amended in accordance with the Official Plan Amendment attached as Attachment A to this Order and Decision, and the City of Toronto Zoning By-law No. 569-2013 is amended in accordance with the Zoning By-law Amendment attached as Attachment B to this Order and Decision.
19The Tribunal orders that, pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, this Order is effective on August 5, 2022, the date upon which the Tribunal received, reviewed and approved the final instruments.
20The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to these by-laws for record keeping purposes.
“Hugh S. Wilkins”
HUGH S. WILKINS MEMBER
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.