Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

Case Nos. OLT-22-004283 OLT-22-004284

ISSUE DATE: November 01, 2023

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant and Appellant: Silver Hotels (Vancouver) Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a two tower, 682-unit mixed use development
Property Address: 45 The Esplanade
Municipality: City of Toronto
Municipal File No.: 21 251957 STE 10 OZ
OLT Case No.: OLT-22-004283
OLT Lead Case No.: OLT-22-004283
OLT Case Name: Silver Hotels (Vancouver) Ltd. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant and Appellant: Silver Hotels (Vancouver) Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a two tower, 682-unit mixed use development
Property Address: 45 The Esplanade
Municipality: City of Toronto
Municipal File No.: 21 251957 STE 10 OZ
OLT Case No.: OLT-22-004284
OLT Lead Case No.: OLT-22-004283
OLT Case Name: Silver Hotels (Vancouver) Ltd. v. Toronto (City)

BEFORE:

DAVID BROWN ) Tuesday, the 1st DAY OF MEMBER ) November, 2023

THIS MATTER having come on for a public hearing before the Ontario Land Tribunal (the “Tribunal”);

AND WHEREAS the Tribunal, by way of a memorandum of oral decision issued on July 27, 2023 (the “Decision”), determined that the appeals under subsections 22(7) and 34(11) of the Planning Act (the “Appeal”) should be allowed, in part, and approved in principle the proposed redevelopment of the properties known municipally in the City of Toronto as 45 The Esplanade, with its final order withheld pending confirmation from the City Solicitor that certain conditions identified in the Decision had been satisfied;

AND THE TRIBUNAL HAVING BEEN ADVISED that all of the conditions set out in the Decision, as amended, have been satisfied;

AND THE TRIBUNAL being satisfied that its direction as set out in the Decision has been met;

THE TRIBUNAL ORDERS that the Appeal is allowed, in part, and that the City of Toronto Official Plan is hereby amended in the manner set out in Attachment “1” to this Order; and City of Toronto Zoning By-law No. 569-2013, as amended, is hereby amended in the manner set out in Attachment “2” to this Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to these by-laws for record keeping purposes.

SECRETARY

ATTACHMENT 1 AMENDMENT TO CITY OF TORONTO OFFICIAL PLAN

[See next page]

CITY OF TORONTO BY-LAW No. XXX-2023

To adopt Amendment No. 677 to the Official Plan for the City of Toronto with respect to lands municipally known in 2022 as 45 The Esplanade

Whereas the Owner of the lands known municipally in the year 2022 appealed a proposed zoning by-law amendment to the Local Planning Appeal Tribunal pursuant to Section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and

Whereas the Ontario Land Tribunal, by its Order issued on November 1, 2023, approved amendments to the Official Plan for the City of Toronto with respect to the lands known municipally as 45 The Esplanade;

The Ontario Land Tribunal Orders:

1. The attached Amendment 635 to the Official Plan is hereby in force pursuant to the Planning Act, as amended.

Ontario Land Tribunal Order issued on November 1, 2023 in Tribunal File No.: OLT-22-004283.

AMENDMENT NO. 677

TO THE OFFICIAL PLAN OF THE CITY OF TORONTO

LANDS MUNICIPALLY KNOWN IN THE YEAR 2022 AS 45 THE ESPLANADE

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

1. Chapter 6, Section 41, Downtown Plan Secondary Plan is amended by adding a new bullet point in Section 17, Site and Area Specific Policies:

• 45 The Esplanade

2. Chapter 7, Site and Area Specific Policies, is amended by adding the following Site and Area Specific Policy 864 for the lands municipally known in 2022 as 45 The Esplanade, as follows and shown on the Key Plan below:

864. Lands municipally known in the year 2022 as 45 The Esplanade

1. A minimum of 7,800 square metres of non-residential gross floor area shall be provided for in the redevelopment of the lands.

2. A minimum of 220 square metres shall be provided as a privately-owned publicly accessible open space (POPS) to be located on the eastern edge of the site.

3. The POPS will be guided by the City's Design Guidelines for Privately-Owned, Publicly-Accessible Spaces (POPS).

4. Chapter 7, Chapter 7, Map 29, Site and Area Specific Policies, is amended by adding the lands 45 The Esplanade as shown on the map above as Site and Area Specific Policy 864.

ATTACHMENT 2 ZONING BY-LAW AMENDMENT TO CITY OF TORONTO ZONING BY-LAW NO. 569-2013

[See next page]

Authority: Ontario Land Tribunal Interim Order issued on July 27, 2023 and Ontario Land Tribunal Order issued on November 1, 2023, in Tribunal File OLT-22-004283

CITY OF TORONTO

BY-LAW XXXX-2023(OLT)

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 45 The Esplanade

Whereas the Ontario Land Tribunal, in its Interim Order issued on July 27, 2023 and its Order issued on November 1, 2023, in Tribunal File OLT-22-004284, 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 45 The Esplanade; and

Whereas pursuant to Section 39 of the Planning Act, as amended, a by-law passed under Section 34 of the Planning Act, may authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited in the by-law;

The Ontario Land Tribunal Orders:

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 4.0 (c4.0; r2.5) SS1 (x2366) to a zone label of CR 4.0 (c4.0; r2.5) SS1 (x 891) as shown on Diagram 2 attached to this By-law.

4. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 891 so that it reads:

(891) Exception CR 891

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) A building or structure may be constructed, used or enlarged in compliance with (B) to (R) below;

(B) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 76.95 metres and the elevation of the highest point of the building or structure;

(C) Despite Regulation 40.10.40.10(2), the permitted maximum height of a building or structure is the number following the HT symbol in metres as shown on Diagram 3 of By-Law XXX;

(D) Despite Regulation 40.10.40.10(7), the permitted maximum number of storeys in a building or structure is the number following the ST symbol as shown on Diagram 3 of By-law XXX;

(E) Despite Regulations 40.5.40.10(3) to (8) and (C) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law XXX:

(i) the specific structures as listed under Regulation 40.5.40.10(3) may exceed the maximum height for that building by 6.0 metres;

(ii) the elements for functional operation of a building as listed under Regulation 40.5.40.10(4) may exceed the maximum height for that building by 6.0 metres; and

(iii) the elements for functional operation of a building as listed under Regulation 40.5.40.10(4) may not cover more than 40% of the area of the roof, measured horizontally;

(F) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures on the lot is 53,100 square metres, of which:

(i) the permitted maximum gross floor area for residential uses is 45,000 square metres; and

(ii) the permitted maximum gross floor area for non-residential uses is 8,100 square metres;

(G) The permitted maximum number of dwelling units is 736;

(H) Despite Regulation 40.10.40.50(1), a minimum of 2.68 square metres of amenity space for each dwelling unit must be provided, of which:

(i) at least 1.68 square metres for each dwelling unit is indoor amenity space;

(ii) at least 0.95 square metres for each dwelling unit is outdoor amenity space in a location adjoining or directly accessible to the indoor amenity space;

(I) Regulation 40.10.20.100(17) with respect to specific use conditions for a retail service use do not apply;

(J) Regulation 40.10.40.50(2) with respect to amenity space requirements for buildings with non-residential uses in SS1 areas does not apply;

(K) Despite Regulations 40.10.40.70(2) and 40.10.40.80(1), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law X;

(L) Despite Clause 40.5.40.60 and Regulation 40.10.40.60 and (K) above, the following elements may encroach into the required minimum building setbacks as follows:

(i) platforms, decks, terraces, porches, and balconies, by a maximum of 3.0 metres;

(ii) canopies and awnings, by a maximum of 3.0 metres;

(iii) exterior stairs, access ramps and elevating devices, by a maximum of 1.5 metres;

(iv) cladding added to the exterior surface of the main wall of a building, by a maximum of 1.0 metre;

(v) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, masonry element or precast concrete pier by a maximum of 1.0 metre;

(vi) window projections, including bay windows and box windows, by a maximum of 0.5 metres;

(vii) eaves, by a maximum of 1.0 metre; and

(viii) light fixtures, air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 1.0 metre;

(M) Despite Regulation 970.10.15.5(5) and Table 970.10.15.5, parking spaces must be provided in accordance with the following:

a. A minimum of 0.22 residential occupant parking spaces for each dwelling unit; and

b. A minimum of 0.06 residential visitor parking spaces for each dwelling unit;

(N) Despite Regulation 200.5.1.10(2), a maximum of 10% of all parking spaces provided may have a minimum width of 2.4 metres, despite being obstructed pursuant to Regulation 200.5.1.10(2)(D);

(O) A minimum of 20% of all parking spaces provided must be equipped with an energized outlet capable of providing Level 2 charging or higher to the parking space;

(P) Despite Clause 220.5.10.1, one (1) Type "B", one (1) Type “C”, and one (1) Type “G” loading space must be provided and maintained on the lot;

(Q) Despite Regulation 230.5.1.10(10), “short-term” bicycle parking spaces may be:

a. located in a stacked bicycle parking space;

b. located more than 30 metres from a pedestrian entrance to the building on the lot.

(R) A “Publicly Owned Privately Accessible Open Space” (POPS) with a minimum size of 220 square metres must be provided within the hatched area as shown on Diagram 3 of By-law XXX-2023.

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. Temporary use:

(A) None of the provisions of By-law 569-2013, as amended, apply to prevent the erection and use of a temporary sales centre for the sale and leasing of dwelling units constructed on the lot for a period of not more than 3 years from the date this By-law comes into full force and effect.