Raglan Development Corp. v. Toronto (City), 2023 CanLII 100155

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: Octobers 27, 2023

CASE NO(S).: OLT-22-003656

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

Applicant/Appellant: Raglan Development Corp.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: to permit a 24 storey, 170-unit residential development

Reference Number: 21 232980 STE 12 OZ

Property Address: 5-15 Raglan Avenue

Municipality/UT: Toronto

OLT Case No.: OLT-22-003656

OLT Lead Case No.: OLT-22-003656

OLT Case Name: Raglan Development Corp. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 114(15) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Subject: Site Plan

Description: to permit a 24 storey, 170-unit residential development

Reference Number: 21 232984 STE 12 SA

Property Address: 5-15 Raglan Avenue

Municipality/UT: Toronto

OLT Case No.: OLT-22-003657

OLT Lead Case No.: OLT-22-003656

Heard: April 3, 2023 by Video Hearing

APPEARANCES:

Parties

Counsel

Raglan Development Corp.

J Park

O. Rasekhi

City of Toronto

M. Hardiejowski

MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON APRIL 3, 2023, AND ORDER OF THE TRIBUNAL

Link to Order

1The matter before the Tribunal is an appeal by 761 Queen Street East Ltd. pursuant to section 34(11) and section 114(15) of the Planning Act with respect to the failure of the City of Toronto (“City”) to announce a decision respecting Proposed Zoning By-Law No. 569-2013.

2The Tribunal was informed that the Parties confirmed that a settlement had been reached and the Settlement was presented for the consideration of the Tribunal.

3The affidavit sworn by Ms. Lindsay Dale-Harris was marked as Exhibit 1.

4Ms. Dale-Harris was affirmed and qualified to provide for the Tribunal uncontested opinion evidence in areas of land use planning. Ms. Dale-Harris delivered extensive oral, written and visual evidence, as contained in her affidavit, which is described in paragraphs [5] to [89] below.

Description of the Site and Surrounding Context

5The lands involved are an assembly of six properties (“the properties”), located on the east side of Raglan Avenue, north of Albert Wiggan Lane and west of the West Bathurst/North St. Clair Lane (“the N-S Lane”) and known municipally as 5, 7, 9, 11, 13 and 15 Raglan Avenue (the “Site”). The Site has a frontage of 36.6 metres on Raglan Avenue and a depth of 39.4 metres, resulting in a site area of 1,438.3 square metres.

6The surrounding area can be described as an area in transition. Today it is characterized by a mix of residential building types and heights that include walk-up apartment buildings, low, mid and high-rise buildings, and slab-style, purpose-built rental apartment buildings, as well as detached and semi-detached dwellings. Tall buildings have recently been approved on the west side of Raglan Avenue, at 10-32 Raglan Avenue (28 storeys) and 40 Raglan (28 storeys), and to the north on the east side of Raglan Avenue (65-83 Raglan Avenue, 28 storeys). Existing tall buildings are located to the immediate south of the Site at 500 and 530 St. Clair Avenue West and further to the east on Tweedsmuir.

7The Site has access to rapid transit and surface transit services. It is located within 50 metres of St. Clair Avenue West, which is serviced by the 512 streetcar line which operates 24 hours a day in a dedicated right-of-way between Yonge Street and Gunns Loop (west of Keele Street). There are eastbound and westbound stops at St. Clair Avenue West and Vaughan Road which would serve residents of the Site.

8The Site is also located within an approximately 400 metre radius of the St. Clair Avenue West Station on Line 1 of the TTC Subway and is located within a Protected Major Transit Station Area, as set out in Council adopted Official Plan Amendment 570 (“OPA 570”) The Station is located a short distance east of Bathurst Street, about a seven to eight minute walk from the Site, and accesses to the Station are situated on the north and south sides of St. Clair Avenue and to the east on Heath Street West.

9On November 9, 2021, the Owner submitted an Application to amend the City Zoning By-law 569-2013, the former City Zoning By-law 438-86, and former City of York Zoning By-law 1-83 to permit the development of a 24-storey residential apartment building (City File No. 21 232980 STE 12 OZ.).

10The Original Applications provided for:

• A new 24-storey residential apartment building with a total height of 79.3 metres to the top of the mechanical penthouse;

• A four-storey podium with a height of 16.7 metres;

• The setbacks:

o 2 metres from the Raglan Avenue right-of-way;

o 10 metres from the north lot line;

o 9.3 metres from the centreline of the North-South Lane ;

o 8.5 metres from the centreline of the Albert Wiggan Lane;

• A residential gross floor area (“GFA”) of 14,667 square metres;

• 170 new residential apartment units, including:

o 41 one-bedroom units (24%);

o 106 two-bedroom units (62%); and

o 23 three-bedroom units (14%);

• 81 vehicular parking spaces in an underground parking garage;

• 171 bicycle parking spaces;

• 1 Type “G” loading space; and

• A 1.52 metre lane widening along the east lot line.

The Settlement Proposal

11The Settlement will be implemented through the approval of Zoning By-law Amendments for the applicable Zoning By-laws. The draft By-laws, amending City Zoning By-law 569-2013 and amending By-laws 438-86 and 1-83.

12The Settlement provides for a built form which has been carefully designed to respond to the opportunities and constraints of the planning and development context.

13The key highlights of the Settlement are:

Building Heights:

• The height of the residential apartment building has been increased to 28 storeys with a maximum height of 96.4 metres to the top of the mechanical penthouse;

• A 12-storey upper podium has been incorporated in the design with a maximum height of 40.4 metres.

Building Set Backs:

• The tower is set back:

o 5 metres from the Raglan Avenue right-of-way;

o 10 metres from the north lot line;

o 8.4 metres from the centreline of the N-S Lane; and

o 8.5 metres from the centreline of Albert Wiggan Lane;

• The lower podium is set back:

o 3 metres from Raglan Avenue;

o 5.5 metres from the north lot line;

o 2.5 metres from the east lot line (N-S Lane); and

o 2.43 metres from the south lot line(Albert Wiggan Lane);

• The upper podium is set back:

o 5 metres from Raglan Avenue;

o 7.5 metres from the north lot line;

o 2.5 metres from the east lot line (N-S Lane); and

o 2.43 metres from the south lot line (Albert Wiggan Lane).

Uses and Units:

• A total GFA of 15,407 square metres is proposed, including;

o 15,391 square metres of residential GFA; o16 square metres of commercial GFA;

o 16 square metres of commercial GFA;

• 210 new residential apartment units, including:

o 135 one-bedroom units (63%);

o 47 two-bedroom units (22%);

o 26 three-bedroom units (12%); and

o 2 live-work units (1%).

Parking, Building operations and Widenings:

• 78 vehicular parking spaces are provided in an underground parking garage, including;

o 66 residential parking spaces (0.31/unit);

o 11 visitor parking spaces (0.05/unit); and

o 1 car share space;

• 238 bicycle parking spaces are provided, including;

o 220 long term spaces; and

o 18 short term spaces;

• 1 Type “G” loading space; and

• A 1.52 metre lane widening is provided along the east lot line.

14The Settlement reflects the revisions which have been made to the Original Application in order to address issues raised by the City and the community, and to respond to the evolving policy and development context in the Bathurst/St. Clair area, particularly along Raglan Avenue.

15Ms. Dale-Harris opined that the settlement proposal represents good planning and conforms to the applicable planning framework. Specifically, it provides an appropriate level of intensification in a transit-supportive location, increases the supply of housing, provides for a range of unit sizes, including family-sized units, and provides contextual appropriate setbacks from adjacent buildings and the public realm.

The Planning and Regulatory Context

Planning Act, R.S.O. 1990, c. P.13

16The Site is located within 500 metres of a higher order transit station (St. Clair West subway station) and is within 50 metres of the 512 St. Clair Streetcar, which operates in a dedicated right of way. The Settlement provides for intensification close to these existing transit services and other community and commercial amenities in the area.

17Ms. Dale-Harris opined the Settlement has regard for matters of Provincial interest, including the orderly development of safe and healthy communities; the adequate provision of a full range of housing; the appropriate location of growth and development; and the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians.

Provincial Policy Statement, 2020

18The Provincial Policy Statement, 2020 (“PPS”) emphasizes the importance of integrating land use planning, growth management, transit supportive development, intensification and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs.

19Policy 1.1.1 states (inter alia) that healthy, liveable and safe communities are sustained by:

a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term;

b) accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet longterm needs;

e) promoting the integration of land use planning, growth management, transit supportive development, intensification and infrastructure planning to achieve cost effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs;

g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs

20Ms. Dale-Harris testified that:

a) The Settlement would result in an efficient land use pattern, as increased population will be accommodated within the urban area in a location well served by existing infrastructure;

b) The Settlement provides for 210 new units with a range of unit sizes;

e) The proposed development promotes the integration of land use planning, growth management, transit-supportive development, intensification and infrastructure planning so as to achieve a cost-effective development pattern, which optimizes transit investment and minimizes land consumption and servicing costs; and

g) The Settlement would intensify in an area already well served by transportation, commercial amenities, and community infrastructure.

21Policies 1.1.3.2 (a) and (b) speak to the establishment of land use patterns within settlement areas being based on a mix of land uses which efficiently use land and resources and are appropriate for the infrastructure and public service facilities which are planned or available.

22Ms. Dale-Harris opined that the Settlement would result in an efficient land use and density pattern in close proximity to public transit.

23Policies 1.1.3.3 – 1.1.3.6 and 1.3.1 provide clear Provincial direction to municipalities regarding the provision of transit supportive, compact, mixed use development which implements Provincial targets and supports the promotion of economic development through encouraging this form of development.

24Ms. Dale-Harris testified that the Settlement supports this direction by intensifying close to public transit and providing 210 new units of housing in a compact, mixed use form.

25Policies 1.4.3 (b), (c), (d) and (e) identify suitable locations for the provision of housing. Planning authorities are to provide for an appropriate range and mix of housing by (inter alia):

b) permitting and facilitating:

1. all housing options required to meet the social, health, economic and well-being requirements of current and future residents, including special needs requirements and needs arising from demographic changes and employment opportunities; and

2. all types of residential intensification, including additional residential units, and redevelopment in accordance with policy 1.1.3.3

c) directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs;

d) promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation and transit in areas where it exists or is to be developed; and

e) requiring transit-supportive development and prioritizing intensification, including potential air rights development, in proximity to transit, including corridors and stations.

26Policy 1.6.7.4 directs that land use patterns, density and a mix of uses should be promoted that support current and future use of transit and active transportation.

27Ms. Dale-Harris stated that the Settlement provides for a mixed-use intensification of the Site within walking distance of rapid transit.

28Policy 1.7 sets out the measures by which long term economic prosperity should be supported which include encouraging residential uses to respond to dynamic market-based needs and provide necessary housing supply and range of housing options for a diverse workforce.

29Ms. Dale-Harris testified that the Settlement responds to market based needs by providing 210 new units, including a variety of unit sizes, to provide for necessary housing supply in the City.

30Ms. Dale-Harris opined that the Settlement is consistent with the PPS’s policies as they provide new housing in support of a complete community in a location and at densities which are transit supportive.

A Place To Grow: The Growth Plan for the Greater Golden Horseshoe, 2019

31Policy 2.2.1(2)(c), provides that, within settlement areas, growth will be focused in delineated built up areas, strategic growth areas, locations with existing or planned transit (with a priority on higher order transit where it exists or is planned), and areas with existing or planned public service facilities.

32The Site is located within a “strategic growth area” as defined by the A Place to Grow: The Growth Plan for the Greater Golden Horseshoe, 2019 (“Growth Plan”), as it is located within a major transit station area as approved by City Council through OPA 570 and is also located on a priority transit corridor.

33Policy 2.2.1(3)(c) directs municipalities to undertake integrated planning to manage forecasted growth to the horizon of the Growth Plan (to the year 2051), which will, among other things, provide direction for an urban form that will optimize infrastructure, particularly along transit and transportation corridors to support the achievement of complete communities through a more compact built form.

34Ms. Dale-Harris testified that applying the policies of the Growth Plan will support the achievement of complete communities (Policy 2.2.1(4)) that, among other things, feature a diverse mix of land uses, provide a diverse range and mix of housing options, expand convenient access to a range of transportation options, ensure the development of high quality compact built form, and an attractive and vibrant public realm, and mitigate and adapt to climate change impacts and contribute to environmental sustainability. The Settlement includes a mix of housing units with convenient access to a range of transportation options in a compact built form.

35Policy 2.2.1.4 (c), (d)(i) and (iii) and (e) provide that applying the policies of the Growth Plan will support the achievement of complete communities that:

c) provide a diverse range and mix of housing options, including second units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes;

d) expand convenient access to:

i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation;

iii. an appropriate supply of safe, publicly-accessible open spaces, parks, trails, and other recreational facilities; and

iv. healthy, local, and affordable food options, including through urban agriculture;

e) provide for a more compact built form and a vibrant public realm, including public open spaces.

36Policy 2.2.2(3) requires that municipalities develop a strategy to achieve the minimum intensification target and intensification throughout delineated built-up areas.

37Policy 2.2.4 addresses Transit Corridor and Station Areas: Planning is to be prioritized for major transit station areas (subways) on priority transit corridors and the minimum density for these areas is 200 units per hectare.

38Policy 2.2.4(5), added by the 2019 Growth Plan, allows municipalities to delineate the boundaries of major transit station areas (subways) and identify minimum density targets for Major Transit Station Areas in advance of the next municipal comprehensive review, provided it is done in accordance with subsections 16(15) or 16(16) of the Planning Act.

39Policy 2.2.4(6) provides that, within Major Transit Station Areas on priority transit corridors or subway lines, land uses and built form that would adversely affect the achievement of the minimum density targets will be prohibited. Policy 2.2.4(8) provides that all Major Transit Station Areas will be planned and designed to be transit-supportive and to achieve multimodal access to stations and connections to nearby major trip generators by providing, where appropriate, connections to local and regional transit services, infrastructure to support active transportation and commuter pick-up/drop off areas.

40Policy 2.2.4(10) provides that lands adjacent to or near to existing and planned “frequent transit” should be planned to be transit-supportive and be supportive of active transportation and a range and mix of uses and activities.

41Policy 2.2.6(1) requires municipalities to support housing choice through, among other matters, the achievement of minimum intensification and density targets in the Growth Plan by identifying a diverse range and mix of housing options and densities to meet projected needs of current and future residents, including establishing targets for affordable ownership housing and rental housing. Policy 2.2.6(2) states that, in implementing Policy 2.2.6(1), municipalities will support the achievement of complete communities by:

a) planning to accommodate forecasted growth;

b) planning to achieve the minimum intensification and density targets;

c) considering the range and mix of housing options and densities of the existing housing stock; and

d) planning to diversify the overall housing stock across the municipality.

42Climate change policies are set out in Policy 4.2.10. In accordance with Policy 4.2.10(1), municipalities are to develop policies in their official plans to identify actions that will include, among other things, support for the achievement of complete communities, as well as the minimum intensification and density targets in the Growth Plan, reducing dependence on the automobile and supporting existing and planned transit and active transportation.

43The Implementation and Interpretation policies are set out in Chapter 5 of the Growth Plan. The Context is described in Section 5.1, which stresses the key to the success of the Growth Plan is its effective implementation. It recognizes that it may take some time for all official plans to be amended to conform to its provisions. As of the effective date (August, 2020), all decisions respecting planning matters must conform to the Growth Plan.

44Section 5.2.5 (Targets) clearly identifies that the minimum intensification and density targets in the Growth Plan, including any alternative targets that have been permitted by the Minister, are minimum standards, and municipalities are encouraged to go beyond these minimum targets where appropriate, except where doing so would conflict with any policy of the Growth Plan, the PPS or any other Provincial plan.

45Ms. Dale-Harris opined that the Settlement provides for a development which conforms with the Growth Plan, which seeks to establish complete communities while increasing the amount and variety of housing available, prioritizes transit and the creation of active transportation networks, and supports intensification and the alignment of growth with transit by directing growth to Major Transit Station Areas.

City of Toronto Official Plan

46Section 2.2 is one of the key policy directions in the City of Toronto Official Plan (“TOP”) regarding Integrating Land Use and Transportation.

47The TOP states:

that future growth within Toronto will be steered to areas which are well served by transit, the existing road network, and which have a number of properties with redevelopment potential. Generally, the growth areas are locations where good transit capacity can be provided along bus and streetcar routes and at higher-order transit stations.

Policy 2.2(2) provides that “growth will be directed to the Centres, Avenues, Employment Areas and the Downtown” and sets out a number of objectives that can be met by this strategy, including concentrating jobs and people in areas well served by surface transit and rapid transit stations.

48St. Clair Avenue West is identified as a TTC Subway Station, and the dedicated streetcar route as a Light Rail Transit Line. Bathurst Street is identified as a Transit Priority Segment. Policy 2.2(3)(l) provides that the City’s transportation network will be maintained and developed to support the growth management objectives of the TOP by, among other things, increasing transit priority throughout the City by giving buses and streetcars priority at signalized intersections and by introducing other priority measures on selected bus and streetcar routes, including those identified as reserved or dedicated lanes for buses and streetcars and limiting or removing on-street parking during part or all of the day.

49Policy 2.4(4) provides that in targeted growth areas, planning for new development is to be undertaken in the context of reducing auto dependency and the transportation demands and impacts of such new development assessed in terms of the broader social and environmental objectives of the TOP’s reurbanization strategy. On sites in areas well serviced by transit, such as locations around rapid transit stations and along major transit routes, consideration is to be given to the establishment of minimum density requirements, as well as maximum density limits, minimum and maximum parking requirements and limiting surface parking as a non-ancillary use (Policy 2.4(7)). These minimum density requirements are now required under the provisions of the Growth Plan and are proposed in Council adopted OPA 570.

50The overall direction for accommodating growth in Neighbourhoods and Apartment Neighbourhoods is found in Section 2.3 of the TOP. Section 2.3.1 recognizes that there may be sites within Apartment Neighbourhoods that contain space that is not well-utilized by the residents of existing apartment buildings. In some instances, these sites could be improved through the addition of infill development that will provide additional housing options, including new rental housing while maintaining and/or improving on-site amenities and conditions for both new and existing residents. In other instances, redevelopment of vacant or underutilized sites in Apartment Neighbourhoods that meets the TOP’s policies can create new housing options in Toronto.

51The Site is included in the TOP’s Site Area Specific Policy (“SASP”) 38, which provides that land assembly will be required to allow for the development of more intensive buildings.

52Ms. Dale-Harris testified that the approvals for 10-32 Raglan Avenue, 40 Raglan (29 storeys) and 91–101 Raglan Avenue) were all considered as having regard for the overall direction in SASP 38 for land assembly and intensification.

53Policy 2.3.1(3) provides direction with respect to development within Apartment Neighbourhoods, that are adjacent or close to Neighbourhoods. Ms. Dale-Harris noted that the Site is well removed from the closest lands designated Neighbourhoods, south of St. Clair Avenue West, which are located west of Vaughan Road, and those north of St. Clair Avenue West, which are located on the east side of Kenwood Avenue, west of Vaughan Road.

54Chapter 3 of the TOP describes the objectives for building a successful City through the built environment, the human environment, and the creation of new neighbourhoods.

55Section 3.1 emphasizes the importance of creating a built environment that is functional, beautiful, vibrant, safe and inclusive. A public realm that is organized and fosters complete and well-connected communities and employment areas that also support active and public transportation use is a key component of a successful City (Policy 3.1.1(2)).

56Built form policies set out in Section 3.1.3 provide principles for the location and organization of development. These include massing and appropriate amenity spaces within the existing and planned context to inform the built form and ensure each new building will promote and achieve the overall objectives of the TOP.

57Ms. Dale-Harris stated that the Settlement addresses Policy 3.1.3(1) as it aligns the building with the street, provides the main building entrance from Raglan Road, incorporates ground floor uses to provide interest along the street (commercial and live-work uses).

58Policy 3.1.3(3) requires that development protect privacy within adjacent buildings by providing setbacks and separation distances from neighbouring properties and adjacent building walls containing windows. Ms. Dale-Harris provided that the provision of appropriate separation distances and setbacks has been thoughtfully addressed in the Settlement and the implementing Zoning By-law, which have been designed to limit any adverse impacts on adjacent properties.

59Policy 3.1.3(4) speaks to the appropriate location of vehicle parking, access, loading and servicing. All access to these facilities will be provided via the public lanes (a widening of the N-S Lane will be dedicated to the City) thus minimizing any impact on the public realm, particularly along Raglan Avenue. All parking will be provided underground.

60Policies 3.1.3(5) provides direction on building shape, scale and massing. Development is to fit within the existing and planned context and define and frame the edges of the public realm and street while ensuring the character and sunlight access are considered. The street wall heights along Raglan Avenue (16.8 m) have been designed to reflect those approved on the west side of the street.

61Ms. Dale-Harris offered, with respect to shadows, a detailed shadow analysis that was submitted with the “with prejudice” settlement offer, which demonstrated that access to sunlight on the public realm will be maintained and that shadowing on adjacent existing or approved apartments was adequately limited.

62An appropriate scale and transition are to be provided (Policy 3.1.3(6) and 3.1.3(7)). As noted, buildings of up to 29 storeys have been approved on the west side of Raglan Avenue, and the Settlement and draft Zoning By-law provide for similar heights. It is reasonable to conclude that further redevelopment on Raglan Avenue would have comparable building heights.

63Measures to be included to improve the public realm through building design are set out in Policies 3.1.3(9) and 3.1.3(10). Ms. Dale-Harris informed the Tribunal that these have been incorporated in the architectural and landscape plans.

64Policies 3.1.3(11) to 3.1.3(13) address the provision of private and shared amenity spaces. The City’s current standard of 2 square metres of shared indoor amenity space and 2 square metres of outdoor amenity space is being respected, and the location and relationship between indoor and outdoor amenity space is detailed in the Site Plan.

65Section 3.1.4 identifies three scales of building types: 1) Townhouse and Low-Rise Apartments; 2) Mid-Rise; and 3) Tall. Ms. Dale-Harris stated that the Settlement provides for a Tall building.

66The Site is designated Apartment Neighbourhoods. As set out in Policy 4.2(1):

Apartment Neighbourhoods are areas which are made up of apartment buildings and parks, local institutions, cultural and recreational facilities, and small-scale retail, service and office uses that serve the needs of area residents.

Built-up Apartment Neighbourhoods are considered stable areas of the City where significant growth is not anticipated; however, the provisions of SASP 38 clearly identify that on Raglan Avenue there is an opportunity for intensification, subject to an assembly of properties.

67Policy 4.2(2) sets out a number of criteria for development within the Apartment Neighbourhoods designation, relevant criteria include:

c) locating and massing new buildings to frame the edges of streets and parks with good proportion and maintaining sunlight and comfortable wind conditions for pedestrians on adjacent streets, parks and open spaces;

d) including sufficient off-street motor vehicle and bicycle parking for residents and visitors;

e) locating and screening service areas, ramps and garbage storage to minimize the impact on adjacent streets and residences;

f) providing indoor and outdoor recreation space for building residents in every significant multi-unit residential development;

g) providing ground floor uses that enhance the safety, amenity and animation of adjacent streets and open spaces; and,

h) providing buildings that conform to the principles of universal design, and wherever possible contain units that are accessible or adaptable for persons with physical disabilities.

68The Site is located within Council adopted SASP 717, implemented through OPA 570. SASP 717 locates the Site within the St. Clair West Subway Station Protected Major Transit Station Area (“PMTSA”).

69SASP 717 establishes minimum densities within the PMTSA. The minimum density of 1.5 Floor Space Index applies to the Site. Ms. Dale-Harris stated that these are minimum densities, and in Section 5.2.5 (Targets) of the Growth Plan, municipalities are encouraged to go beyond them.

70Ms. Dale-Harris opined that the Settlement and implementing Zoning By-law amendments conform with the City’s in-force growth management strategy policies set out in Chapter 2 of the TOP, the policies with respect to the Public Realm, Built Form, and Housing in Chapter 3 of the TOP, the Land Use policies set out in Chapter 4 of the TOP, and the Site and Area Specific Policies set out in Chapter 7 of the TOP. These policies recognize the importance of well-designed intensification in proximity to transit and existing services and provide for appropriate setbacks and step backs to ensure that the building massing integrates with its context and appropriately transitions to adjacent uses.

ST. CLAIR AVENUE WEST AND BATHURST STREET PLANNING FRAMEWORK

71On July 16, 2019, City Council adopted the St. Clair Avenue West and Bathurst Street Planning Framework, as set out in a staff report dated June 18, 2019, which directed City staff to apply it during the review of current and future development applications (the St. Clair-Bathurst Planning Framework) (the “Framework”). The Framework has not been adopted as an Official Plan Amendment, and functions as an implementation strategy or guideline, as provided for in Section 8, Implementation. It applies to the area centered on St. Clair Avenue West and Bathurst Street, which includes the Site.

72The Framework provides direction for the redevelopment of the area through a vision, a Public Realm Network Plan and objectives, and defined Character Areas with Built Form Objectives. The Site is located within the Raglan Transition Zone which is generally bound on the east by the N-S Lane, on the northeast by Claxton Boulevard, on the west by the rear of the lots fronting the east side of Vaughan Road, and on the south by Albert Wiggan Lane.

73Development in the Framework area is expected to contribute to the development of a complete community, provide retail or other spaces which provide animation at grade, and create a vibrant public realm with high quality streetscapes, generous landscaping and street trees. The intent of the various City Urban Design Guidelines is also to be achieved.

74Ms. Dale-Harris opined that the Settlement provides for a form of development and a landscape treatment of the public realm which is informed by and implements the overall direction of the Framework.

CITY OF TORONTO GUIDELINES

75The City adopted a number of Guidelines, which do not form part of the TOP, in order to assist staff in reviewing applications and securing design and development features (City-Wide Tall Building Design Guidelines (May 2013)).

76The Tall Building Design Guidelines (the “Guidelines”) include sections related to site context, site organization, tall building massing and pedestrian realm. Among other matters, these Guidelines recommend that tower floor plates be limited to 750 square metres and that tall building towers be set back 12.5 metres from side and rear property lines.

77The Settlement provides for a single tower which, in accordance with the TOP policies, would be considered a tall building.

78Ms. Dale- Harris opined that, while the tower does not meet all the proposed standards in the Guidelines, it does meet the intent of the Guidelines with respect to protecting sky view, and ensuring light, view and privacy on adjacent properties. Very specific setbacks have been included for all elements of the building and all lot lines based on the location of the adjacent buildings, their fenestration and the public realm along Raglan Avenue.

79Details of the setbacks include:

• On Raglan Avenue, the tall building is set back 2 metres from the podium and 4.97 metres from the west lot line. The tower separation distance between the tall building on the Site and the tall building approved at 10-32 Raglan Avenue west of the Site exceeds the recommended 25 metres;

• To the south, the tower is set back approximately 5.5 metres from the Site’s south property line and 8.5 metres from the centreline of Albert Wiggan Lane, resulting in an approximate separation distance between the two tall buildings of between 14.1 metres to 15.6 metres;

• To the east, the tower is set back at minimum 5.4 metres from the easterly lot line and approximately 8.4 metres from the widened N-S Lane. The proposed tower is separated from the existing building to the east (the Barrington) by approximately 20 metres. This separation distance is comparable to that which exists or is proposed between other towers in the Bathurst-St. Clair area. For example, there is an approximate separation distance of 21.4 metres between the 23-storey tower at 500 St. Clair Avenue West and the 19-storey tower at 530 St. Clair Avenue West. The minimum tower separation distance between the two 28-storey towers approved at 10-32 Raglan Avenue and the 29-storey tower approved at and 40 Raglan Avenue is 20 metres; and,

• The tower is set back approximately 10 metres from the northerly lot line. If the properties to the north were assembled and redeveloped, a comparable setback could be provided, resulting in a minimum tower separation of 20 metres;

80Ms. Dale-Harris stated that the Settlement Plans result in a tower-podium form with a slender, well articulated tower, which is stepped back above the four-storey podium. In accordance with the Guidelines, “back-of-house” activities, such as loading, servicing, utilities and vehicle parking are to be located underground, away from the public realm and public view, and accessed from the rear lane.

Growing Up Guidelines

81On July 28, 2020, City Council adopted Growing Up: Planning for Children in New Vertical Communities Urban Design Guidelines (“Growing Up Guidelines”) to provide for a better integration of family supportive design in the planning of new multi-unit residential developments. The Growing Up Guidelines are organized at three scales: 1) the neighbourhood; 2) the building; and 3) the units. These are based on the recognition that each scale contributes positively to how a family experiences living in a vertical community.

82Ms. Dale-Harris testified that at the unit scale, the Growing up Guidelines focus on the size and functionality of spaces to ensure dwelling units can accommodate a family. The use of the term large units in the Growing Up Guidelines refers to two- and three-bedroom units that comply with the design parameters set out in the Growing Up Guidelines. The Growing Up Guidelines seek to achieve a minimum of 25% two and three-bedroom units, comprised of 15% two-bedroom units and 10% three-bedroom units. The Settlement Plans provide for 23% of the units being two-bedroom and 12% of the units being three-bedroom – well in excess of the recommended distribution. While all the units do not meet the unit ranges in the Growing Up Guidelines, this is considered to be offset by the total number of larger units being provided.

Pet Friendly Guidelines

83Ms. Dale-Harris testified that the Settlement has identified an area for dog walking on the north side of the proposed building and has included an indoor dog wash area in the northwest corner of the ground floor, easily accessible to the outdoor area.

84Ms. Dale-Harris opined that the Settlement and implementing Zoning By-law Amendment respect the intent of the Guidelines, the Growing Up Guidelines and the Pet Friendly Guidelines, and provide for a form of development which meets their objectives.

ZONING BY-LAW AMENDMENT

85The Zoning By-law applying to the Site is the Comprehensive City-wide Zoning By-law 569-2013, as amended. By-law 659-2013 was enacted by City Council on May 9, 2013 and appealed to the Ontario Municipal Board in its entirety. The majority of By-law 569-2013 has now been approved and is in full-force and effect for certain zones; however, it is not in effect for the Residential Apartment Zone (“RA”), which is the zone which applies to the Site.

86Where By-law 569-2013 is not in effect, the former City Zoning By-law 438-86, as amended, or the former City of York By-law 1-83, as amended, continue to apply to the Site. The southerly two properties at 5 and 7 Raglan Avenue were formerly within the former City of Toronto, and, accordingly, are subject to Zoning By-law 438-86 of the former City of Toronto, as amended. The northerly portion of the Site (9-15 Raglan Avenue) was in the former City of York and is subject to Zoning By-law 1-83 of the former City of York, as amended. The zone provisions in these two By-laws (438-86 and 1-83) do not provide for height, setback, density, amenity area or parking provisions, which reflect the standards in the approved Settlement.

87Ms. Dale-Harris testified that two draft Zoning By-law Amendments, one amending By-law 569-2013 and one amending By-laws 438-86 and 1-83, have been prepared to provide for the rezoning of the Site in accordance with the Settlement. These By-laws establish a maximum residential and non-residential Gross Floor Area, and, through specific Diagrams, identify all required setbacks, step backs and heights. The text of the By-laws includes specific standards with respect to permitted uses, the distribution of two and three-bedroom units, vehicle and bicycle parking, shared parking and electric vehicle requirements.

88Ms. Dale-Harris noted that the draft By-laws, subject to any technical adjustments required by City Legal, Planning and Building Departments, implement the Settlement.

89Further, she stated that from a built form and urban design perspective, the Settlement provides for a development which is contextually appropriate and will represent a high-quality architectural addition to the area. It will fit harmoniously with the existing and planned built form context of the area and will be compatible with the height and massing of existing, approved and proposed development in the surrounding area, while providing contextually appropriate setbacks, step backs, and separation distances between surrounding towers.

90There is strong policy direction that seeks to optimize the efficiency and viability of transit services by focusing growth and intensification in areas surrounding rapid transit. Located less than 500 metres from the St. Clair West Subway Station and within 50 metres of the St. Clair streetcar line, the Site is well positioned to provide much needed housing within walking distance of transit.

91Ms. Dale-Harris concluded with the opinion that the Settlement represents good planning, are in the public interest, and should be approved.

FINDINGS

92The Tribunal accepts the uncontroverted evidence of Ms. Dale-Harris in support of the Settlement, as described in paragraph [13].

93The Tribunal accepts and relies upon the land use planning opinion evidence of Ms. Dal-Harris and finds that the Settlement is consistent with the Provincial Policy Statement, 2020; conforms with the policies of the Growth Plan for the Greater Golden Horseshoe 2019 and the City of Toronto Official Plan; meets the general intent and purposes of the applicable Zoning By-law; respects principles of good planning; and is fair and reasonable.

INTERIM ORDERS

94THE TRIBUNAL ORDERS THAT:

1. The Tribunal allows, in part, the appeal of the Application for Zoning By-law amendment made by the Appellant and approves in principle the Zoning By-law 569-2013 Amendment appended as Attachment “1” hereto but withholds its final Order until the satisfaction of the pre-requisite matters set out in paragraph 3 below.

2. The Tribunal allows, in part, the appeal of the Application for Zoning By-law amendment to City of Toronto Zoning By-law 438-86 made by the Appellant and approves in principle the Zoning By-law Amendment appended as Attachment “2” hereto but withholds its final Order until the satisfaction of the pre-requisite matters set out in paragraph 3 below.

3. The Tribunal’s final Orders described above in this paragraph [94] 1. and 2. are withheld until the Tribunal has been advised in writing by counsel for the City of Toronto that the following matters have been completed:

a. the final form and content of the Zoning By-law amendments are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b. the Appellant has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment(s);

c. the Appellant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review including the planting of four (4) new street trees in the Raglan Avenue road allowance, or three (3) street trees in the Raglan Avenue road allowance and two (2) additional private trees on the Site, as they relate to the Zoning By-law Amendment Applications, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

d. the Appellant has provided an updated Pedestrian Level Wind Study dated January 11, 2023 from Gradient Wind Engineering Inc., to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

e. City Council has approved the Rental Housing Demolition Application 21 234166 STE 12 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the three (3) existing rental dwelling units on the Site.

4. If the Parties do not submit the final draft of the Zoning By-law Amendment(s), and provide confirmation that the contingent pre-requisites to the issuance of the Final Order set out in paragraph 3 above have been satisfied, and do not request the issuance of the Final Order, by Friday, January 19, 2024, 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 Zoning By-law Amendment(s) and request for issuance of the Final Order by the Tribunal.

5. The Panel will remain seized for the purposes of reviewing and approving the final draft of the Zoning By-law Amendment(s) and the issuance of the Final Order.

6. The 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 instrument and the satisfaction of the contingent pre-requisites to the issuance of the Final Order.

“Carmine Tucci”

CARMINE TUCCI

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.

ATTACHMENT 1

ATTACHMENT 2