Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 28, 2023
CASE NO(S).: OLT-22-003258 (Formerly PL141074), OLT-22-002801 (Formerly PL170103)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Torgan Management Inc. Applicant: University Health Network Subject: Proposed Official Plan Amendment No. 246 Description: To amend the City of Toronto Official Plan Reference Number: OPA 246 Property Address: Bathurst Street, between Dupont Street and Queen Street West Municipality/UT: City of Toronto OLT Case No.: OLT-22-003258 Legacy Case No.: PL141073 OLT Lead Case No.: OLT-22-003258 Legacy Lead Case No.: PL141073 OLT Case Name: Torgan Management Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2538779 Ontario Inc. Appellant: 500 Bloor Street Property Inc. Appellant: 844 Bathurst Holdings Inc. Subject: Proposed Official Plan Amendment No. OPA 349 Municipality: City of Toronto OLT Case No.: OLT-22-002801 Legacy Case No.: PL170103 OLT Lead Case No.: OLT-22-002801 Legacy Lead Case No.: PL170103 OLT Case Name: 500 Bloor Street Property Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2538779 Ontario Inc. Appellant: 500 Bloor Street Property Inc. Appellant: 844 Bathurst Holdings Inc. Subject: By-law No. BL 1283-2016 Municipality: City of Toronto OLT Case No.: OLT-22-002802 Legacy Case No.: PL170104 OLT Lead Case No.: OLT-22-002801 Legacy Lead Case No.: PL170103 OLT Case Name: 500 Bloor Street Property Inc. v. Toronto (City)
Heard: June 16, 2023 in writing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Torgan Management Inc. and 844 Bathurst Holdings Inc. (Collectively the “Appellant”) | Mary Flynn-Guglietti |
| City of Toronto (“City”) | Jessica Braun |
DECISION DELIVERED BY G.C.P. BISHOP AND ORDER OF THE TRIBUNAL
1This Decision and Order has come to the Tribunal by way of a settlement, in writing, between the City and the Appellant. The settlement itself involves appeals to two planning instruments. The first is the appeal of the City’s adoption of Official Plan Amendment 246 (“OPA 246”) and the second is the appeal of the City’s adoption of Official Plan Amendment 349 (“OPA 349”). The Tribunal will also deal with appeal(s) relating to the passing of By-law No. BL 1283-2016 by the City.
2The Tribunal relies upon the Affidavit of Lorelei Jones, sworn on June 2, 2023. Ms. Jones is a Registered Professional Planner with considerable experience and has been qualified, on many occasions, to deliver expert land use planning opinion to this Tribunal and its predecessors and is so qualified in this matter. Ms. Jones’ Affidavit is marked as Exhibit 1 and the proposed draft Order, supplied to the Tribunal, is marked as Exhibit 2.
3Although this Member indicated that the settlement of these two planning instruments would be completed with separate decisions for the two appeal streams, the Affidavit of Ms. Jones follows the thread, from the Official Plan for the City of Toronto, through the formulation of OPA 246 and into OPA 349. It makes sense to follow the same pattern, in considering the merits, and write one decision that addresses both settlements.
SUBJECT PROPERTY
4The subject property is located on the west side of Bathurst Street, south of London Street and north of Bloor Street, with 15.7 metres (“m”) of frontage and a lot area of 850 square metres (“sq m”). The subject property has an approximate depth of 67 m and its northern boundary extends westerly from the properties directly north and facing Bathurst Street, then along a series of rear yards of properties located on the south side and facing London Street. These properties, facing London Street, are then separated by a mid-block service lane, known as Ryva Novick Lane that extends southward, from London Street that services the rear of the existing commercial building on the subject property but stops short of dissecting the full ownership of the subject lands.
5There is an existing two-storey commercial building covering the bulk of the lands between this Lane and Bathurst Street, with a ground floor footprint of 660 sq m (a total of 1320 sq m). This existing building contains a drug store and medical offices and is know as the Bloor Medical Dental Care building.
SURROUNDING CONTEXT
6Directly to the south of the subject property is St. Peter’s Roman Catholic Church. This property extends along the full length of the subject property, extending full-block from Bathurst Street, westerly to Markham Street.
7To the north are two- to three-storey buildings including the rear yards of the dwellings along London Street, with the buildings facing Bathurst Street containing ground floor retail uses.
8To the east, directly across Bathurst Street is the Anne Mirvish Parkette and the Bathurst Street subway station, including the streetcar and bus terminal.
9Further south, along the Bloor Street frontage, is an area that is evolving from the existing two- to three-storey buildings to buildings in the five- to nine-storey range. The south side of Bloor Street, south of this existing block containing the subject property has approvals for heights ranging from seven to 27 storeys intermixed with the retention of two- to three-storey heritage buildings.
CITY OF TORONTO OFFICIAL PLAN AND ZONING BY-LAW
10The subject property is designated Mixed Use Areas east of the east side of Ryva Novick Lane, including the lands east of the production of the east side of the lane to the southern boundary of the subject property. The lands to the south and west of Ryva Novick Lane is designated Neighbourhoods.
11This section of Bathurst Street, north of Bloor Street, is also identified as Avenue, on the west side, with the east side of Bathurst Street being located within the Downtown and Central Waterfront Area. Ms. Jones referred to Section 2.2.3 of the City of Toronto Official Plan (“TOP”) that illustrates the importance of these corridors where reurbanization is anticipated and encouraged. But also pointing out that each Avenue is different in terms of their characteristics in terms of lot size, street width, type of uses and availability of transit services.
12Although awaiting approval by the province, the City adopted Official Plan Amendment 540 on July 22, 2022 which establishes minimum population and employment targets and minimum densities surrounding the Bathurst Street subway station and is delineated as a Protected Major Transit Station Area. This area sets the minimum density at 2.0 Floor Space Index (“FSI”).
13Under Zoning By-law No. 569-2013, the subject property is zoned Commercial Residential Zone CR2.5 (cl.0; r2.5) SS2 (xl571) for the land east of the laneway which permits a maximum floor space index of 1.0 for non-residential uses, a maximum floor space index of 2.5 for residential uses and the site is subject to Development Standard Set 2 and zoning exception 1571. The land west of the laneway is zoned Residential R(D0.6).
OFFICIAL PLAN AMENDMENT 246
14OPA 246 was the result of the Built Form and Land Use Study, initiated in 2012, to address both sides of Bathurst from Dupont Street, to the north, to Queen Street, to the south, and was adopted by the City on August 28, 2014. The study area divided this section of Bathurst Street into eight character areas and the subject property is located at the very south end of the Seaton Village-West Annex Character Area (the “Seaton Character Area”). South of the Seaton Character Area is the Bathurst-Bloor Character Area but this common boundary, between these two Areas is shifted to include the subject property, on the west side of Bathurst Street, south of London Street in the Seaton Character Area. While the Bathurst-Bloor Character Area, on the east side of Bathurst Street, protrudes northerly, beyond the projection of London Street to capture all of the lands where the Anne Mirvish Parkette and the Bathurst Street subway station, including the streetcar and bus terminal, are located.
15Included in OPA 246, is Schedule B, that amends Map 2 of the TOP, that illustrates the removal of the Avenues overlay on the west side of Bathurst Street, north of Bloor Street, which is intended to direct growth to this major intersection. Schedule E of OPA 246 illustrates the Bathurst-Bloor Study Area, of which the boundaries of this study encompass more lands than are ultimately included within the Bathurst-Bloor Character Area and include the subject lands and lands to the north up to London Street.
OFFICIAL PLAN AMENDMENT 349
16The Bathurst-Bloor Four Corners Study was initiated in 2014 to examine the character of the area and provide recommendations and OPA 349 was created to implement the conclusions of this study. It was adopted by Council on December 15, 2016.
17The objectives of OPA 349 are to: conserve the heritage value and attributes of heritage properties in the Bathurst-Bloor Character Area; guide and shape public and private development and investment within the Bathurst-Bloor Character Area; direct improvements to the public realm; and ensure an appropriate and gradual transition in the scale of development to Neighbourhoods and to other areas of lower scale adjacent to the Character Area.
18Some of the relevant areas that OPA 349 policies address include: Public Realm; Parks; Streets/Sidewalks/Pedestrian and Cycling Improvements; Land Use; Built Form; Scale and Transition; Ground Floor Height; Street Wall; Step back above Street Wall; Sunlight; and specific policies addressing the Southwest Quadrant.
19This appeal was filed on January 18, 2017 with the main issue revolving around the exclusion of the subject property from the Bathurst-Bloor Character Area. OPA 349 was brought into affect through an LPAT decision dated April 27, 2020, save this site specific appeal. In this decision, 500 Bloor Street Property Inc. withdrew their appeal of OPA 349.
ZONING BY-LAW NO. BL 1283-2016
20Zoning By-law No. BL 1283-2016 (“BL 1283”) was passed by City Council to, among other things, limit the size of single retail uses to protect the existing fine-grained retail character. There were three appeals to both OPA 349 and BL 1283.
21In an LPAT decision, dated February 11, 2019, as part of the sixth CMC on these matters, a mediated settlement on the 2538779 Ontario Inc. appeal was presented and accepted by the constituted panel.
22The seventh CMC decision was issued on June 10, 2019 and in this decision counsel for the Appellant indicated that:
it intends to scope its appeal of OPA No. 349 to certain policies on a site-specific basis and withdraw its appeal of the remainder of OPA No. 349. 844 Bathurst seeks to expand the boundaries of OPA No. 349 to include the full property at 844 Bathurst Street and adjacent properties on Bathurst Street and London Street. If there were a settlement of the OPA appeal, 844 Bathurst stated that it would withdraw its appeal of the Zoning By-law Amendment.
Also at this CMC 500 Bloor Street Property Inc. indicated “that it anticipates withdrawing its appeals of both OPA No. 349 and the Zoning By-law Amendment after 844 Bathurst has narrowed the issues in its appeal to exclude issues affecting 500 Bloor Street.” The City and the Appellant also agreed to the scope of both the appeal of OPA 246 and OPA 349 and a withdrawal of the appeal against BL 1283. In a letter dated November 1, 2019, the Appellant withdrew the appeal of the Bathurst-Bloor Four Corners BL 1283.
23The decision resulting from the eighth CMC issued on February 27, 2020 and the constituted panel were informed that the Appellant and the City were still engaged in settlement discussions. 500 Bloor Properties Inc. did not participate at this CMC nor did they engage any of the Parties or the Tribunal in relation to this proposed settlement. As stated in paragraph 19 above, 500 Bloor Street Property Inc. withdrew their appeal of OPA 349 but nothing in the Tribunal’s records indicate that their appeal to BL 1283 was ever withdrawn.
500 BLOOR PROPERTIES INC.
24Given the history of the appeals and the lack of engagement on this proposed settlement, as listed in the previous paragraphs, it is the Tribunal’s view that 500 Bloor Properties Inc. has vacated their Party status and will be dismissing the remaining Appeal against BL 1283.
PROPOSED SETTLEMENT
25Conceptual plans were drawn illustrating an eight-storey rooming house with rear ground-oriented housing. The proposed settlement will modify OPA 246 to change the boundaries of the Bathurst-Bloor Character Area to include the subject property, the remaining properties to the north, along Bathurst Street, to the south side of London Street and the properties along the south side of London Street east of Ryva Kovick Lane. The proposed settlement also proposes the withdrawal of the objection to the removal of the Avenue overlay on the west side of Bathurst Street from Bloor Street to Dupont Street.
26The proposed settlement would also modify OPA 349 to include the expansion of the boundary to match the expanded boundary proposed in OPA 246 above. Various schedules would be modified to reflect the settlement that include: Public Realm Improvements and the extension of the Commercial Main Street and other schedules to include the expanded proposed boundary. And more specifically, Schedule I, Maximum Building Heights would be modified to include the expanded area but also recognize the maximum building height on the subject property, east of Ryva Kovick Lane of 27 m/eight storeys.
27A series of site-specific policies are proposed for the 844 Bathurst Street property relating to a further detailed breakout of the general policies listed in OPA 349. The overall intent of these proposed amendments is to allow for intensification of the subject property but be sensitive to the potential future development and intensification of the properties to the north of the subject property.
ANALYSIS AND FINDINGS
Planning Act
28Ms. Jones opined that the proposed settlement, with modifications to OPA 246 and OPA 349, have appropriate regard for matters of Provincial Interest identified in Section 2 of the Planning Act and the Tribunal agrees.
29The proposed modified site specific policies in OPA 349 will: provide protection of cultural heritage resources and have appropriate regard and conservation for the adjacent St. Peter’s Church; increase the residential density directly across the street from the Bathurst Street subway contributing to the conservation of energy with the use of transit; take advantage of the existing infrastructure; create a street oriented development that is pedestrian friendly and walkable to many services in the immediate area; the ground floor commercial use will provide local employment opportunities; and the type of housing will contribute to the housing supply and a complete community.
Provincial Policy Statement (“PPS”)
30Ms. Jones reviewed various sections and policies of the PPS, the majority of which expand on Section 2 of the Planning Act. Ms. Jones opines that the proposed settlement allows modifications to OPA 246 and OPA 349 that are consistent with the PPS and the Tribunal also agrees.
31The combination of moving the subject property and other properties into the Bathurst-Bloor Character Area with the proposed amendment to OPA 246 and the fine tuning of the site-specific policies in OPA 349 allows this property, and others along London Street and Bathurst Street, to develop out in a location directly across from the subway station that reduces car dependency, which will address climate change. The proposal will promote a compact built form and add to the local projected housing options while maintaining a walkable streetscape with accessible at ground retail/commercial use to service this local area.
GROWTH PLAN FOR THE GREATER GOLDEN HORSESHOE (“Growth Plan”)
32Ms. Jones directed the Tribunal to various policies within the Growth Plan. The important policies that relate to the proposed settlement include: direction for an urban form that optimizes infrastructure along a transit corridor; achieves complete communities by adding to a diverse mix of land uses with easy access stores, services and public services for people of all ages, enhancing the range and mix of housing with convenient access to active transportation all in a compact form; achieves minimum intensification and density targets to support existing and planned transit service levels; conserving cultural heritage resources to foster sense of place; and develop land use patterns to support energy conservation through urban design standards to support energy efficiency.
33It is Ms. Jones’ opinion that the proposed modifications to OPA 246 and OPA 349 conform to the Growth Plan. Again, the Tribunal agrees.
CITY OF TORONTO OFFICIAL PLAN
34Policies in Chapter Two – Shaping the City, Chapter Three – Building a Successful City and Chapter Four – Land Use Designations (Mixed Use Area Policies) were reviewed. Ms. Jones opined that the proposed settlement conforms to the TOP, allowing greater intensification through permission for additional height opposite the subway and streetcar/bus terminal to support transit use. This additional height still restricts shadows on the Mirvish Parkette across the street. The site-specific policies will allow development that is compatible with the adjacent Neighbourhood through the regulation of building heights, angular planes, setbacks and stepbacks to ensure a transition of scale.
35Although there will be an increase in the streetwall on the subject property, this reflects the fact that St. Peter’s Church, to the south, is setback off the street creating a break in the streetwall while also recognizing the scale and massing of this heritage property compared to most in this Character Area. A Heritage Impact Assessment will be required at the time of the development applications to assess any potential impacts and provide mitigation measures.
36It is Ms. Jones’ opinion that the proposed settlement conforms to the Toronto Official Plan and the Tribunal agrees.
Conclusion
37The Tribunal accepts the uncontroverted opinion evidence of Ms. Jones and finds that the proposed modifications to OPA 246 and OPA 349 have appropriate regard to matters of provincial interest identified in the Planning Act, are consistent with the Provincial Policy Statement and conform with the policies of the Growth Plan for the Greater Golden Horseshoe, and the City of Toronto Official Plan. The proposed settlement represents good planning and is in the public interest.
38The further extension of the Bathurst-Bloor Character Area, northerly to the south side of London Street allows for increased intensification while still being sensitive to the transition from this Mixed Use Area into the Neighbourhood both to the north and west. The setback, scale and massing of St. Peter’s Church assist in allowing a larger but more compact built form on the subject property in a unique setting with the subway, streetcar and bus terminal across Bathurst Street, combined with access to the public realm in the form of the Mirvish Parkette.
39The proposed development on the subject property will allow for more housing choices to meet current and projected needs of this Mixed Use Area and contributes to the reduction of dependency on the use of cars by promoting and utilizing the immediate location of active transportation in the area and more reliance on foot and bicycle usage in the daily lives of the occupants living in this immediate area.
ORDER
40The appeals of the City of Toronto’s Official Plan Amendments 246 and 349 by Torgan Management Inc. are allowed in part;
41Official Plan Amendment 246 is hereby modified and approved by amending Schedule “C” of OPA 246 in accordance with Attachment “1” to this Order and that OPA 246 and the modifications in Schedule “C” of OPA 246 are hereby in full force and effect;
42The text of Official Plan Amendment 349 is hereby modified and approved in accordance with Attachment “2” to this Order and that the modifications are hereby in full force and effect; and,
43Schedules E, F, G and I of Official Plan Amendment 349 are hereby modified and approved in accordance with Attachment “3” to this Order and that Schedules E, F, G and I of OPA 349 are hereby in full force and effect.
44The Tribunal dismisses the remaining appeal of 500 Bloor Street Property Inc. against Zoning By-law No. BL 1283-2016.
45The Tribunal may be spoken to in the event of any matter or matters that should arise in connection with the implementation of this Order.
“G. C. P. Bishop”
G. C. P. BISHOP ALTERNATE-CHAIR
Ontario Land Tribunal Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
Attachment “1” With Respect to OPA 246 and Appeal in OLT-22-003258
Official Plan Amendment No. 246 is modified as follows:
- Schedule “C”, shown in the OPA is modified by including lands municipally known in 2023 as 844, 848, 848A, 852 Bathurst Street and 1, 3, 5, 7 and 9 London Street in the Bathurst-Bloor Character Area;
OPA 246 Modifications
SCHEDULE C
Character Areas
Attachments “2” and “3” With Respect to OPA 349 and Appeal in OLT-22-002801
Official Plan Amendment No. 349 is modified as follows:
Section 9 of OPA 349 is modified by including section 9.9 as per Attachment “2” for the lands municipally known as 844 Bathurst Street;
Schedules E, F, G and I of OPA 349 are modified as per Attachment “3” and replace the original Schedules E, F, G and I.
OPA 349 Modifications (Attachment 2)
- Bathurst Bloor Character Area
- 738-852 Bathurst Street on the west side;
- 769-843 Bathurst Street on the east side;
- 559-595 Bloor Street on the south side;
- 520-580 Bloor Street on the north side;
- 586-612 Markham Street on the west side;
- 581-659 Markham Street on the east side;
- 1–9 London Street on the south side; and
- 29 Lennox Street on the north side.
9.9 844 Bathurst Street
9.9.1 In addition to the preceding policies contained in Section 9.0 – 9.6 for the Bathurst Bloor Character Area, the following policies in Section 9.9 apply specifically to the property known municipally on January 1, 2023 as 844 Bathurst Street. In instances where there is inconsistency between the preceding policies in Section 9,0 – 9.6, the policies below will prevail.
Height & Angular Plane
9.9.2 Development will achieve appropriate transition in building height and massing and the stepping down of heights toward adjacent land that is designated as Neighbourhoods.
9.9.3 Development within the land designated Mixed Use Area will only be permitted:
9.9.3.1 Beneath a 45-degree angular plane measured from grade at the western limit of the Ryva Novick Lane except that ground-oriented residential units such as single detached, semi-detached or townhouse dwellings may be permitted within the angular plane up to a maximum height of 4 storeys.
9.9.3.2 Beneath a 45-degree angular plane measured from a height of 16.5 metres along the Bathurst Street property line.
9.9.4 Notwithstanding Sections 9.9.3.2 and 9.6.12, encroachments into the prescribed angular planes may be considered through an application to amend the Zoning Bylaw, provided that it is demonstrated through a planning and urban design rationale that the encroachments associated with the form and scale of development have an appropriately limited impact with regard to additional shadowing of the public realm and diminishing of sky view, and the relationship to the listed heritage building to the south, and that they secure other planning objectives for this site. The extent of any building encroachments into angular planes may include portions of the mechanical penthouse.
9.9.5 The maximum height of a development of the property at 844 Bathurst Street, whether developed individually or jointly, will be 8 storeys or 27.0 metres, not including the mechanical penthouse and rooftop mechanical equipment, and outdoor amenity space.
Street Wall
9.9.6 The height of the street wall for development of 844, 848, 850 and 852 Bathurst Street will be a maximum of 16.5 metres.
Additional Policies
9.9.7 Development fronting Bathurst Street will include building articulation, windows and entrance locations that reference the prevailing pedestrian shopping characteristics of Bathurst Street north of Bloor Street.
9.9.8 Notwithstanding Section 9.5.5, the ground floor street frontage on Bathurst Street shall include retail, personal service, service commercial and/or medical office space and the front façade will be designed in a manner to be safe and comfortable for pedestrians. Residential uses, except for residential lobby entrances, staircases and other services, will not be permitted on the ground floor facing Bathurst Street.
9.8.9 Development will provide adequate separation to the residential buildings located at 3, 5, 7 and 9 London Street by providing a minimum 3 metres setback from the north property line of 844 Bathurst Street above the second floor of the building. If the buildings at 3, 5, 7 and 9 London Street are developed comprehensively with 844 Bathurst Street then no setback will be required.
9.8.10 Notwithstanding Section 9.4.8, development will cast no new net shadow on the Ed and Anne Mirvish Parkette, beyond those created by the as-of-right zoning heights as in force at the date of passing of this by-law and existing buildings between March 21 and September 21 between the hours of 10 am and 3 pm.
9.8.11 Notwithstanding Section 9.6.13, development will provide a minimum of five hours of continuous sunlight between March 21 and September 21 on the Bathurst Street sidewalk.
9.8.12 Notwithstanding Section 9.6.10, no step back from the public street frontage will be required adjacent to the abutting heritage property to the south.
9.9.13 Development will include window openings (with vision or translucent glazing) or other design element to create visual interest except where not permitted by the Building Code.
9.9.14 Notwithstanding Section 4.1.5, ground oriented dwellings which may contain an integral garage, may be permitted from the Ryva Novick Lane provided that it is demonstrated through a planning rationale as part of a condominium application that the units will be appropriately accessed.