Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 17, 2023
CASE NO(S).: OLT-22-004639
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: BJL Parliament Corp.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 44-storey mixed-use building
Reference Number: 21 235796 STE 13 OZ
Property Address: 130 and 134 Parliament Street and 529 Richmond Street East
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-004639
OLT Lead Case No.: OLT-22-004639
OLT Case Name: BJL Parliament Corp. v. Toronto (City)
Heard: February 13, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| BJL Parliament Corp. | E. Costello |
| City of Toronto | A. Hill / C. Dougherty |
| 1501786 Ontario Limited | J. Farber / M. Rutledge |
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON FEBRUARY 13, 2023 AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal was with respect to the appeals of the refusal of the City of Toronto’s (the “City”) failure to make a decision respecting the application for a Zoning By-law Amendment (“ZBLA”) to City Wide By-law No. 569-2013 within the statutory time frame, pursuant to s. 34(11) of the Planning Act (“Act”), R.S.O, 1990, c. P.13, as amended.
The Site
2The Site comprises three properties with an area of approximately 822 square meters (“sq m2”) and is located at the southwest corner of Richmond Street East and Parliament Street. Worts Lane is an “L” shaped lane that is located west of the Site and bisects the Site between 130 and 134 Parliament Street, essentially creating north and south parcels (“Subject Lands”).
Background
3A Pre-Consultation Checklist was provided by the City Staff on April 30, 2021. In November 2021, on behalf of BJL Parliament Corp., we ZBLA. Additional information was provided to the City in December 2021 and May 2022, and the City deemed the ZBLA complete as of May 9, 2022. A Preliminary Report and Revised Report dated February 1 and February 7, 2022, respectively, were considered by Toronto and East York Community Council on February 16, 2022, and a Community Consultation meeting, which took place on April 7, 2022.
Proposal
4The Site contains two commercial buildings containing commercial and automotive uses (134 Parliament Street ) and a two-storey residential building (130 Parliament Street). The underutilized Site is proposed to be redeveloped with a 44- storey mixed-use building comprised of 188 sq m2 of grade-related commercial uses and 327 residential units above. A total of 19,696 sq m2. of gross floor area (residential and commercial) is proposed. The Site is served by the municipal road network as well as an existing and proposed public transit. The Site will be within 265 meters (“m”) of the proposed Corktown Station. Widenings of the north/south and east/west portions of the L-shaped Worts Lane are proposed as part of the redevelopment of the Site. Loading and parking access are proposed from the east/west portion of Worts Lane with the proposed underground vehicular parking area to be accessed by two parking elevators.
Overview of Applicable Policy Framework
5The Site is designated Regeneration Area by the City of Toronto Official Plan and Mixed Use Areas 2 - Intermediate by the Downtown Secondary Plan (Official Plan Amendment No. 406 (“OPA 406”)). Some tall buildings are permitted in the Mixed Use Areas 2 - Intermediate designation. The Site is also located in the King-Parliament Secondary Plan area, which is an area in transition and an urban growth centre and comprised predominately of mixed-use buildings. The proposed development conforms to the in-force Official Plan and Downtown Plan policies.
6The intensification of the Site is in keeping with the policy directions of the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe, the City of Toronto Official Plan, the downtown Secondary Plan and the In-force King-Parliament Secondary Plan.
7The Site is currently zoned CRE(x1) by By-law No. 569-2013. The in-force zoning permits the proposed range of uses but an amendment to the in-force zoning standards related to built form (i.e. height, density, setbacks, stepbacks, etc.) is proposed in order to implement the development proposal.
8The purpose of the Case Management Conference (“CMC”) was to receive status updates from both Parties to organize the hearing of these appeals.
9The Tribunal is in receipt of the Affidavit of Service of Tarah Coutts, a Planner, for the firm of Aird and Berlis LLP and is marked as Exhibit 1.
Party Status
10The Tribunal was presented with one request for Party status.
111501786 Ontario Limited is the owner of the property municipally known as 105 Berkeley Street and 517-523 Richmond Street East (the "150 Property"), which is located immediately to the west of the Subject Property.
121501786 Ontario Limited has a number of concerns with the development proposal including, but not limited, to the following:
- The proposed height and massing. The Subject Property appears to be too small for a tower and podium and would appear to be better suited to a street oriented midrise building with no tower element.
- The proposed tower is not in compliance with the Downtown Tall Building Setback By-law, which requires a setback of 12.5 m. The proposed reduction in setback will have adverse impacts on the 150 Property including privacy, light, and sky views as well as on the development potential of the 150 Property.
- The proposed reduced setback and required tower separation in the block context plan have not adequately addressed heritage related impacts with respect to the listed properties on Berkeley Street.
- The use of Worts Lane to provide access to the proposed development may have adverse impacts upon and conflict with adjacent landowners, including 150 Property, whose properties are also serviced by Worts Lane. The proposal appears to conflict with a number of planning policies and regulations including the criteria set out in the Site and Area Specific Policy No. 517.
13The Tribunal granted Party Status to 1501786 Ontario Limited, there were no objections.
14Eileen Costello advised the Tribunal that their Application was in the process of being revised and would be re-submitting to the City.
15The Parties are seeking a second CMC to provide updates to the Tribunal.
16The Tribunal hereby schedules a second CMC on Friday, June 9, 2023, at 10 a.m.
17Parties and Participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/442599157
Access code: 442-599-157
18Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
19Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free) 1-888-455-1389 or +1 (647) 497-9391. The access code is as indicated above.
20Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
21No further notice will be given.
22The Member is not seized.
23So Orders the Tribunal.
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.