Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 28, 2023 CASE NO(S).: OLT-22-002139

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

Applicant/Appellant: KG Oakburn Apartments Ltd. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the construction of two 18-storey residential buildings Reference Number: 21 185510 NNY 18 OZ Property Address: 2-4, 6, 8 and 10-12 Oakburn Crescent Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-002139 OLT Lead Case No: OLT-22-002139 OLT Case Name: KG Oakburn Apartments Ltd. v. Toronto (City)

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

Applicant/Appellant: KG Oakburn Apartments Ltd. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the construction of two 18-storey residential buildings Reference Number: 21 185510 NNY 18 OZ Property Address: 2-4, 6, 8 and 10-12 Oakburn Crescent Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-002140 OLT Lead Case No: OLT-22-002139

Heard: June 20, 2023 by video hearing

APPEARANCES:

Parties KG Oakburn Apartments Ltd.

Counsel Matthew Lakatos-Hayward David Bronskill (in absentia)

Parties City of Toronto

Counsel Colin Dougherty Jessica Braun (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON JUNE 20, 2023 AND INTERIM ORDER OF THE TRIBUNAL

Link to Final Order

INTRODUCTION

1KG Oakburn Apartments Ltd. (“Applicant”) appealed the absence of decisions by the City of Toronto (“City”) on an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) sought for lands known municipally as 2-4, 6, 8, and 10-12 Oakburn Crescent in the City (“Subject Site”). The purpose of the OPA and ZBA is to redevelop the Subject Site with two 11-storey residential buildings.

2Two Case Management Conferences (“CMC”) took place on this matter on July 14, 2022 and September 7, 2022. At the CMCs, it was confirmed that adequate Notice had been provided, and a Procedural Order was ratified by this Tribunal. The following were granted Participant status: Joseph Ricci, Tingting He, and Judy Zhang. William Wang had been granted Party status at the CMC on July 14, 2022. However, by email dated March 27, 2023, Mr. Wang withdrew his Party status, and subsequently was not involved in the settlement discussions or these proceedings.

3The Applicant and the City reached a settlement with revisions to the OPA and ZBA, which they presented to the Tribunal for consideration.

4The OPA is proposed to the City’s Official Plan (“OP”) and specifically to Chapter Six, Section 8 (North York Centre Secondary Plan), modifying Section 12, North York Centre South Site-Specific Policy 12.17, which provides for the redevelopment of the Subject Site in accordance with the settlement plans. Though a draft OPA was presented to the Tribunal, it remains subject to review by City staff prior to the issuance of the Tribunal’s final Order.

5The ZBA is proposed to amend the in-force Former City of North York Zoning By-law 7625, as amended (“ZBL”), which provides for the redevelopment of the Subject Site in accordance with the settlement plans. Though a draft ZBA was presented to the Tribunal, it remains subject to review by City staff prior to the issuance of the final Tribunal Order.

SUBJECT SITE AND BACKGROUND

6The Subject Site is located on the north side of Oakburn Crescent, with a frontage of approximately 249 metres (“m”) on Oakburn Crescent, a depth of approximately 45 m, and an east-west width of approximately 198 m. It is currently occupied by ‘The Oaks’, which consists of six 3-storey rental apartment buildings constructed in the 1950s and owned by the Applicant. These are to be demolished and replaced by the proposed development, described further below.

7The Subject Site is approximately 330 m east of Yonge Street, located near the south end of the North York Centre, and is approximately 400 m from the closest entrance to the Sheppard-Yonge station on the Yonge-University and Sheppard subway lines. North York Centre has been redeveloped as a new downtown within the former City of North York and contains a broad range of commercial, residential, recreational and institutional uses with a concentration of tall buildings up to 45 storeys in height.

8On Map 16 of the City’s OP, the Subject Site is designated Mixed Use Areas, which permits a broad range of commercial, residential, and institutional uses in single use or mixed-use buildings, as well as parks and open spaces and utilities. In addition, the subject site is located within North York Centre South, as shown on Map 8-1 of the North York Centre Secondary Plan (“NYCSP”), and is designated Mixed Use Area D on Map 8-3. In accordance with Policy 2.1.2 of the NYCSP, the Mixed Use Area D designation permits institutional uses that are not predominantly offices, residential, public parks, and recreational uses. In the ZBL, the Subject Site is zoned RM6(176), namely Multiple Family Dwellings Sixth Density Zone, subject to Exception 176. The uses permitted by this zoning include apartment house dwellings, multiple attached dwellings, a public park, and a sales office within an apartment house dwelling existing on the site as of the date of approval.

9In 2007, the Ontario Municipal Board (“OMB”), as the Tribunal was then known, approved an OPA permitting the redevelopment of the Oakburn Lands with a total of 1,195 dwelling units within five apartment buildings, ranging in height from 16 to 22 storeys, and multiple townhouse blocks, together with the realignment of Oakburn Place to connect with Harrison Garden Boulevard and a central park where Oakburn Place was formerly aligned. In 2008, the OMB approved a ZBA and Draft Plan of Subdivision implementing the permitted redevelopment of the Oakburn Lands, including 285 rental replacement units, density transfers and incentives with a maximum total density of 2.66 Floor Space Index (“FSI”). The permitted number of units was subsequently increased to 1,383 by way of a minor variance approved in 2011. The remainder of the Oakburn Lands redevelopment (known as Avonshire) has subsequently been constructed, including the rental replacement building at 105 Harrison Garden Boulevard. The Subject Site is the last remaining parcel within the Oakburn Lands that has yet to be redeveloped.

HEARING

10The Tribunal received written and oral evidence from David Charezenko, Registered Professional Planner, whom the Tribunal qualified, on consent, to provide opinion evidence in land use planning. The following findings of the Tribunal are based on Mr. Charezenko’s unchallenged evidence, which the Tribunal accepts.

11As Mr. Charezenko explained, the OPA and ZBA, as revised by the settlement proposal, would permit a comprehensive redevelopment of the Subject Site with two 11-storey apartment buildings. Collectively, the new apartment buildings contain a total of 470 dwelling units and a total of 35,455 square metres of residential Gross Floor Area, resulting in a density of 4.47 FSI. The changes from the original proposal include:

a. There is a reduction in the overall height of the apartment buildings from 18-storeys (57.55 m, 63.55 m including the mechanical penthouse (“MPH”)) to 11-storeys (37.8 m, 44 m including the MPH), with a reduced base building height of 3-storeys (12.5 m) from 6-storeys (20.75 m).

b. There is to be a minimum set back of 3.0 m from all property boundaries. For the transition to the lowrise Neighbourhoods-designated properties immediately north of the Subject Site, there will be a 7.5 m step back above the third storey and 9.0 m step back above the sixth storey on the east and west wings of the buildings, while the central portion of the buildings provide a set back between 18.5 and 20.0 m from the north property boundary.

c. The principal vehicular access leading to the underground parking garage has been adjusted, as has a Type ‘G’ loading space to the east driveway from the west driveway in the original proposal, while maintaining the west driveway for access to a Type ‘C’ loading space for the purpose of resident moving only. The total amount of car parking spaces has been adjusted, with a total of 259 spaces proposed on 2-levels of underground parking. Bicycle parking spaces have slightly increase for a total of 353 spaces and continue to be in compliance with the Toronto Green Standard. One Type ‘G’ and one Type ‘C’ loading space are proposed.

12The planning documents affecting these amendments include: s. 2 of the Planning Act; the Provincial Policy Statement, 2020 (“PPS”); A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019, as amended (“Growth Plan”); the City’s OP, including the NYCSP; the ZBL; and a number of guidelines such as Avenues and Mid-Rise Building Guidelines and the Growing Up Guidelines.

13Mr. Charezenko testified that the OPA and ZBA, as revised by the settlement proposal, represent good planning and urban design, have regard to matters of provincial interest, are consistent with the PPS, and conform with the Growth Plan and the City’s OP.

14He explained that residential intensification on the Subject Site is promoted by the applicable policy framework. The policy directions at both the provincial and municipal levels emphasize the efficient and optimal use of land and infrastructure and encourage the integration of land use planning and transportation planning. To that end, optimizing density in areas such as this in is the public interest. It would also support the efficient and optimal use of land and infrastructure, as the Subject Site is located within North York Centre and is approximately 400 m from the nearest subway station. Accordingly, the Subject Site forms part of both an “urban growth centre” and a “major transit station area,” and is located within a “strategic growth area,” all as defined in the Growth Plan. Strategic growth areas are a focus for accommodating intensification and higher density mixed uses in a more compact built form, which this proposal would accomplish.

15He stated that, as one of Toronto’s four Centres, North York Centre is an important growth area that is intended to accommodate intensification to take advantage of the proximity to existing municipal services and higher order public transit, as well as regionally-significant employment, cultural, recreational, and civic land uses within walking distance. In fact, he stated, the revitalization and redevelopment of underutilized sites along the Yonge Street corridor within what is now known as North York Centre has been a key policy directive of both the former City of North York and the amalgamated City of Toronto.

16Mr. Charezenko further opined that the OP recognizes the Mixed Use Areas designation that applies to the Subject Site as one of four land use designations intended to accommodate most of the increased jobs and population anticipated by the OP’s growth strategy. Moreover, the OP notes that Mixed Use Areas will absorb much of the new housing anticipated in the coming decades. Furthermore, Policy 2.4(7) of the OP provides for intensified development, with minimum density requirements and limits on parking, for sites in areas such as this, which are well served by transit.

17Mr. Charezenko stated that the OPA and ZBA, as revised by the settlement proposal, are supported by numerous policy directions, which he detailed in his written and oral evidence. The proposed development, he testified, would assist in improving the livability of North York Centre through re-urbanization, assist in meeting population forecasts for the City as set out in the Growth Plan and the OP, and would provide additional housing options through an important contribution to the City’s housing stock with the provision of new residential units. Moreover, it would meet Policy 5.6(1.1) of the OP by appropriately balancing and reconciling a range of diverse objectives affecting land use planning in the City.

18With respect to built form, Mr. Charezenko stated that the Subject Site is a contextually appropriate location for the proposed mid-rise 11-storeys apartment buildings given that the Subject Site is designated Mixed Use Areas in the OP, is located in North York Centre, and is within an “urban growth centre” and “major transit station area.” The proposed development has been carefully organized, sited, and massed to fit harmoniously with the existing and planned built form context in North York Centre South. It would provide an appropriate transition from the heights of the existing developments in North York Centre South to the low-rise Neighbourhoods-designated properties outside of North York Centre. At the pedestrian scale, the podium would be of a scale that is consistent with adjacent buildings in North York Centre South and complementary to the Neighbourhoods designated lands outside of the North York Centre. Moreover, the podium steps back away from the adjacent low-rise residential homes to minimize built form impacts. Thus, according to Mr. Charezenko, the OPA and ZBA, as revised by the settlement proposal, conform with the built form policies of the OP and are generally in keeping with the relevant urban design guidelines.

19With respect to housing, Mr. Charezenko testified that the OPA and ZBA, as revised by the settlement proposal, conform to the policies in Section 3.2.1 in the OP with regards to the protection and replacement of rental housing and the addition of new housing on the Subject Site providing a mix of unit types and tenure. Moreover, the proposed development, facilitated by the OPA and ZBA, satisfies the requirements of Section 111 of the City of Toronto Act and Policy 3.2.1(6) of the OP, as the approach to rental housing replacement and tenant relocation assistance for the existing 66 rental housing units on the Subject Site have already been secured and implemented through the applicable Section 37 Agreement. The Applicant will continue to work with City Staff to secure an appropriate tenant relocation assistance plan for existing tenants.

20Ultimately, the proposed development would contribute to the diversification of housing options in the City and the achievement of a complete community. In this regard, the proposal would provide a minimum of 10% of units as three-bedroom units and a minimum of 15% of the units as two-bedroom units, in accordance with the Growing Up Guidelines of the City.

21Based on his testimony, Mr. Charezenko recommended that the OPA and ZBA, as modified by the settlement proposal, be approved in principle, subject to a number of terms and conditions. With respect to those, which are itemized in the Order below, Mr. Charezenko advised that they are appropriate and should be attached to the approval.

22The City agreed with Mr. Charezenko’s testimony and recommendations.

FINDINGS

23The Tribunal accepts the uncontested evidence of Mr. Charezenko, and finds that the requested OPA and ZBA: have due regard for matters of Provincial interest in s. 2 of the Planning Act; are consistent with the PPS; conform with the Growth Plan; conform with the OP and NYSP; are a suitable amendment within the policies and provisions of the ZBL; and thus, represents good planning in the public interest.

ORDER

THE TRIBUNAL ORDERS that:

24The Applicant’s Official Plan Amendment appeal is allowed, in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph [26] below, and the Official Plan Amendment to the City of Toronto’s Official Plan is hereby approved in principle.

25The Applicant’s Zoning By-law Amendment appeal is allowed, in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph [26] below, and the Zoning By-law Amendment to the former City of North York Zoning By-law 7625 is hereby approved in principle.

26The Tribunal will withhold issuance of its Final Order until the Tribunal has been advised in writing by the City Solicitor that the following outstanding matters have been completed and satisfied:

a. The final form and content of the Official Plan and Zoning By-law Amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. The Applicant has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. The Applicant has entered into a financially secured agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, at the Applicant's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services;

d. The Applicant has submitted, and City Council has approved, a Rental Housing Demolition application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006 to permit the demolition of the existing 66 rental dwelling units on the lands;

e. The Applicant has provided an acceptable Tenant Relocation and Assistance Plan, including the right for the tenants of the two existing rental units who resided on the lands at the time of the 2007 Application to return to a new rental unit on the lands at similar rent or a replacement rental unit at 105 Harrison Garden Boulevard at similar rent, the provision of alternative accommodation in the form of rent gap payments to all tenants, and other assistance to mitigate hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning, to be secured in an agreement pursuant to s. 111 of the City of Toronto Act; and

f. The Applicant has submitted a parking justification study, to the satisfaction of the General Manager, Transportation Services.

27The Parties shall provide a written status update to the Tribunal by Wednesday, December 20, 2023, with respect to the finalization of the conditions for approval and whether the Tribunal can issue its Final Order. If the Parties fail to do so, the Tribunal may schedule, on a peremptory basis, a further Case Management Conference to address status matters.

28The Tribunal may be spoken to in the event that there are difficulties in satisfying the above conditions for the issuance of the Tribunal's final Order.

29The Member will remain seized for the purposes of reviewing and approving the final draft of the Official Plan Amendment and Zoning By-law Amendment and the issuance of the Final Order.

“Bita M. Rajaee”

Bita M. Rajaee 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.