Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 10, 2023

CASE NO(S).: OLT-22-002502 (Formally) PL190357 OLT-22-004189 OLT-22-004696

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

Applicant and Appellant: 415 Yonge Holding Ltd. (originally by Artis Yonge Street Ltd.)

Subject: Application amend Zoning By-law No. 438-86 - Refusal of Application by the City of Toronto

Existing Zoning: CR T7.8 C2.0 and R7.8 under By-law No. 438- 86; and CR 7.8 (c2.0; r7.8) SS1 (x1934) under By-law No. 569-2013

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit a 42-storey addition (450 residential dwelling units) on top of the existing 19-storey building

Property Address/Description: 409-415 Yonge Street & 9-17 McGill Street

Municipality: City of Toronto

Reference No.: 17 278848 STE 27 OZ

OLT Case No.: OLT 22-002502

Legacy Case No.: PL190357

OLT Lead Case No.: OLT 22-002502

Legacy Lead Case No.: PL190357

OLT Case Name: Artis Yonge Street 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: 415 Yonge Street Limited Partnership

Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment

Existing Designation: Mixed Use Areas and Parks

Proposed Designation: To redesignate the portion of the lands from Parks to Mixed Use Areas in the Official Plan, as well as delineate that same portion of the lands to Mixed Use Areas - 2 within OPA 406 (the Downtown Plan).

Purpose: To permit a 42-storey addition (450 residential dwelling units) on top of the existing 19-storey building

Property Address/Description: 399, 409-415 Yonge Street and 9 & 17 McGill Street and 20 Gerrard Street East

Municipality: City of Toronto

Reference No.: 21 252006 STE 13 OZ

OLT Lead Case No.: OLT-22-004189

OLT Case No.: OLT-22-004189

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

Applicant and Appellant: 399Y Corporation

Subject: Application amend Zoning By-law No. 569-2013 - Neglect to make a decision by the City of Toronto

Existing Zoning: CR T4.0 C4.0 Rl.5" under the "old" Zoning By-law No. 438-86, and zoned CR (c4.0; rl.5) 551 (x2154) under the "new" Zoning By-law 569-2013

Proposed Zoning: CR 4.0 (c4.0; r1.5) SS1 (x2154) with exception CR (XXX)

Purpose: To permit a 75-storey mixed-use building having 828 units

Property Address/Description: 399-405 Yonge Street

Municipality: City of Toronto

Reference No.: 22 162248 STE 12 OZ

OLT Case No.: OLT-22-004696

OLT Lead Case No.: OLT-22-002502

Legacy Lead Case No.: PL190357

OLT Case Name: 399Y Corporation v. Toronto (City)

Heard: May 15 and 16^th, 2023, via video conference

APPEARANCES:

Parties

Counsel/Representative*

415 Yonge Holding Ltd.

Calvin Lantz and Donya Yarahmadi

399Y Corporation

Adam Brown, Jennifer Smuskowitz and Sean Brown

City of Toronto

Mark Piel and Daniel Elmadany

Covenant House

Michael Foderick and Daniel Angelucci

McGill Granby Village Residents Association

Paul Normandeau and Louis Mirando

Jencel

Chris Tanzola and Natalie Ast

MTCC565 (“The Lexington”)

Loreen Lalonde*

MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON MAY 16, 2023 AND ORDER OF THE TRIBUNAL

1On March 29, 2023, City Council adopted the Request for Directions reports from the City Solicitor, accepting the recommendations to endorse the without prejudice settlement offers in connection with the appeals by both 415 Yonge Holdings Ltd (“415”) and 399Y Corporation (“399Y”) with respect to consolidated appeals for amendments to the Official Plan and Zoning By-law, for two independent, but proximate redevelopment proposals for lands located on the east side of Yonge Street from Gerrard Street, north to the Turko Parkette, exclusive of 407 Yonge Street, the Jencel ownership. The Official Plan amendment includes 20 Gerrard Street, the home of Covenant House, a pre-eminent non-profit service and supportive housing provider for youth at risk, which immediately abuts to the east, the 399Y Corporation corner holding.

2The proposal by 399Y incorporates two floors in the proposed podium to be deeded to Covenant House for their exclusive use, and the By-law Amendment necessary to give effect to the settlement of the 399Y appeal, will therefore be enacted pursuant to s. 453(1) of the City of Toronto Act, and thereby statute barred from third party appeal. Accordingly, the appeal filed with the Tribunal was withdrawn and the file was closed. 399Y however maintains Appellant status with 415 in the OPA appeals.

3These settlements were largely derived through Tribunal lead mediation most recently in January and February of 2023. Endorsement by all parties, save Jencel and MTCC 565, who both participated in the mediations, resulted in the scheduled ten-day hearing being scoped to two days to deal with issues related to interface for Jencel, owner of 407 Yonge Street, a 7.5 metre-wide property currently developed with grade related retail and service commercial uses with one storey of office above. The property currently enjoys access to the rear for servicing over a substandard public lane, which Council, as a condition of settlement, is requiring be brought up to the standard 6.0 metre width by dedications from the 415 lands. During the course of the evidence, Counsel for Jencel sought clarification on how, and through which instruments, this dedication would be required, and similarly how the proposed setbacks with respect to the tower portion of the 415 proposal and the undertaking by 415 to not incorporate fenestration in the south façade of the 415, five storey podium, would be secured.

4The unresolved concerns of MTCC 565 centred on the continuation by the 415 proposal to use the existing one-way road system of Granby and McGill Avenues for vehicular access to both service the building and as a point of origin or destination.

5The oral decision rendered at the conclusion of the hearing was founded on the following findings derived from the evidence and submissions to the Tribunal heard through the course of the oral evidence, together with having reviewed the hearing materials filed:

i. Use of the existing 19 storey office building currently operating at 415 Yonge St. is supported by an underground garage accommodating 133 parking spaces. The garage is accessed off McGill at the southern terminus of Sheard Ave. The garage has controlled access with a fixed arm across the threshold which prevents unauthorized vehicles from blocking the access ramp, resulting in occasional disruptions to traffic circulation.

ii. Both Granby and McGill are local residential streets, with permitted on street parking for residents of the mix of 87 historic and infill street townhouse units. These local streets have been protected from through traffic volumes by the closure of both between Sheard and Yonge Street. to create the Turko, and unnamed sister parkette providing pedestrian links from McGill and Granby, respectively, to Yonge Street. These parkettes are hardscape pedestrian respites and linkages, accommodating urban trees, public art, retained architectural elements and seasonal art installations.

iii. Vehicular access to the Met and Lexington Condominiums, both forming the northern edge of this block, is restricted to Carleton and Church Streets respectively, and therefore, by design, operate quite independently of Granby and McGill.

iv. The College View Apartments, a 20-storey apartment building with retail at grade, at 423 Yonge Street currently is residence for seniors requiring a supportive and assisted living environment. Servicing for this building is located in a service court off Sheard Street, and thereby accessed via Granby Street. It was the unchallenged observation of witness Geoffrey Lalonde, the Co-Chair of the MTCC 565 Community Issues Committee, and a 35-year resident of the Lexington Condo (MTCC 565) that, on average, emergency vehicles frequent the College View Apartments secondary access point in the east façade, twice weekly.

v. Once the expected improvements to Yonge Street are realized through the Yonge TOmorrow Toronto public domain improvement programme, the drop off and pickup activity to this residence will be accommodated by the proposed layby positioned to service the principal entrance on Yonge Street. Garbage removal will however continue to use the Granby, Sheard and McGill, as required.

vi. Service vehicles making deliveries, or involved in infrastructure improvements and maintenance, frequently mount and park on neighbourhood sidewalks, thereby temporarily impacting ease of pedestrian and vehicular movement through the area.

vii. Council when dealing with the Request for Directions Report on the Settlement proposal, specifically amended the conditions of approval to include direction to the General Manager, Transportation Services to address matters which are set out in the Order clause to this decision. (page 3419 of Exhibit 1). The direction invokes the necessary evaluation of a series of initiatives to address pedestrian safety and vehicular circulation, be it through speed limits, stopping prohibitions and limiting eligibility for on street parking permits to residents only of Granby and/or McGill.

viii. The Tribunal was advised by Louis Mirando, representative of the McGill Granby Village Residents Association, that the concerns of the MGVRA have been addressed by the settlement endorsed by Council.

ix. With respect to the particulars of the 415 redevelopment, as referenced earlier in this decision, the existing lane running along the eastern and a portion of the southerly limits of the 415 holding, will be widened and publicly dedicated to improve access, servicing and related circulation for both the existing and future redevelopment of both 407 and 415 Yonge Street.

x. The number of on-site parking spaces, and associated traffic generation, will be reduced from 133 to 105 spaces in the below grade garage, with three short term spaces at grade to complement the visitor parking below grade and to facilitate the turnover of delivery and ride vehicles dropping off at the site.

xi. All service aspects of the buildings operations such as deliveries and garbage removal will be housed in the building, and the evidence demonstrates that with all truck turning activity can be accommodated on site.

FINDINGS

6The Tribunal was satisfied, despite the anecdotal and photographic evidence of Mr. Lalonde, that the traffic analysis undertaken on behalf of 415 and vetted by Transportation Services of the City, supports the proposal endorsed by Council, together with the conditions set out therein, and commended to the Tribunal by both a qualified traffic engineer, and two land use planning witnesses. Confirmation of the endorsement of the MGVRA was incisive.

ORDER

7THE TRIBUNAL THEREFORE allowed the appeals in part and Orders as follows:

(1) The appeal for a Proposed Official Plan Amendment made by 415 Yonge Holding Ltd., pursuant to Section 22(7) of the Planning Act is allowed in part and the Official Plan for the City of Toronto is hereby amended in the manner set out in Attachment “A” to this Order. The Tribunal authorizes the Municipal Clerk to format the Official Plan Amendment contained in Attachment “A” as may be necessary, and assign a By-law number for record keeping purposes.

(2) The Tribunal will withhold the issuance of its final order on the Zoning By-law Amendment, appended hereto as Attachment ‘B”, until such time as the Tribunal has been advised by the City Solicitor that:

a. The proposed Zoning By-law Amendment, is in a final content and form satisfactory to the Chief Planner and Executive Director City Planning and the City Solicitor;

b. The owner has, at its sole cost and expense:

i. Submitted a revised functional servicing report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report (“Engineering Reports”), to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services in consultation with the General Manager Toronto Water.

ii. Has secured the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director., Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

iii. Ensured that the implementation of the accepted Engineering Reports does not require changes to the Zoning By-law Amendment or any such required changes have been made to the Zoning By-law Amendment to the satisfaction of the Chief Planner, City Planning and the City Solicitor, and

iv. Submitted a revised Transportation Impact Study to implement the Settlement offer dated March 7th, 2023 and addressing comments to the Engineering and Constructions Services Memorandum dated February 23rd, 2023, from Transportation services to the satisfaction of the General. Manager, Transportation Services.

8In all other respects the appeals are dismissed.

“Sharyn Vincent”

SHARYN VINCENT

VICE-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 “A”

ATTACHMENT “B”