Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 31, 2023

CASE NO(S).: OLT-22-004397

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

Applicant/Appellant

761 Queen Street East Ltd.

Subject:

Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description:

To construct a 7-storey mixed-use building.

Reference Number:

14 223583 STE 30 OZ

Property Address:

759, 761, and 763 Queen Street E

Municipality/UT:

Toronto/Toronto

OLT Case No:

OLT-22-004397

OLT Lead Case No:

OLT-22-004397

OLT Case Name:

761 Queen Street East Ltd. v. Toronto (City)

PROCEEDING COMMENCED UNDER section 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject:

Site Plan

Description:

To construct a 7-storey mixed-use building

Reference Number:

14 223587 STE 30 SA

Property Address:

759, 761, and 763 Queen Street E

Municipality/UT:

Toronto/Toronto

OLT Case No:

OLT-22-004398

OLT Lead Case No:

OLT-22-004397

Heard:

February 17, 2023 via video hearing

APPEARANCES:

Parties

Counsel

761 Queen Street East Ltd.

A. Stewart

City of Toronto

M. Longo

MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON FEBRUARY 17, 2023 AND ORDER OF THE TRIBUNAL

Link to Final Order

1The matter before the Tribunal is an appeal by 761 Queen Street East Ltd. (the “Owner”) pursuant to section 34(11) and section 41(12) of the Planning Act with respect to the City of Toronto’s (“City”) failure to announce a decision regarding a Proposed amendment to Zoning By-Law No. 569-2013.

2The Tribunal was informed that the Parties confirmed that a settlement had been reached and the settlement was presented for the consideration of the Tribunal.

3The Affidavit of Service sworn by Lindsay Dale-Harris marked as Exhibit 2.

4Ms. Dale-Harris was affirmed and qualified to provide for the Tribunal uncontested opinion evidence in areas of land use planning. Ms. Dale-Harris delivered extensive oral, written and visual evidence as contained in her affidavit.

Site and Surrounding Context

5The lands are municipally known as 759, 761 and 763 Queen Street East, in the City of Toronto (“the Site”).

6The Site is located on the south side of Queen Street East, between Saulter Street and Lewis Street, east of Broadview Avenue. The Subject Property is located within the Leslieville/South Riverdale neighbourhood.

7The Site has frontage of 14.905 metres (“m”) on Queen Street East, a depth of 40.456 m, and is approximately 586 square metres (“m2”) in area. June Callwood Lane extends along the south limit of the Site and provides access to Saulter and Lewis Streets.

8The Site is well-served by public transit. It is located on the 501 Queen Streetcar route which operates with head times of less than 10 minute service all day and all evening, seven days a week. There are eastbound and westbound stops for this streetcar at Saulter Street. The Queen Streetcar connects directly to the Queen and Osgoode Stations on the Yonge-University subway line. For car access, there is a direct ramp to the Don Valley Parkway approximately 500 m to the east and the Gardiner Expressway and Lakeshore Boulevard are readily accessible to the south.

9The Site is designated as Mixed-Use Areas on Map 18 of the City’s Official Plan and is zoned Commercial Residential CR 2.5 (c2.0; r2.0) SS2 (x2294) pursuant to By-law 569-2013, and Mixed-Use District MCR T2.5 C2.0 R2.0 H14 pursuant to former City of Toronto By-law 438-86. The applicable development standards under both By-laws permit a total density of 2.5 x the lot area, with a maximum commercial and residential density of 2.0 x the lot area, and a building height of 14.0 m.

The Recommended Proposal

10The Recommended Proposal, with a revision date of October 12, 2022, includes:

a. Density: Gross floor area of 2,889.7 m2 of residential space, and 155 m2 of commercial space, with a total density of 5.2 x the lot area;

b. Height: 7 storeys or 23.37 m to the roof, excluding mechanical penthouse;

c. Uses : 3 ground floor retail units and 28 residential units, comprising: 10 one-bedroom units (35%), 17 two-bedroom units (61%), and 1 three-bedroom unit (4%);

d. Amenity space: 88 m2 of outdoor amenity space on the rooftop, overlooking Queen Street East, and 59 m2 of interior amenity space. In addition, there are either private balconies or terraces serving each unit proposed;

e. Access, parking and loading: 11 vehicular parking spaces in a parking stacker accessed from June Callwood Way, with 5 spaces available for electric vehicle supply equivalent, and 29 bicycle parking spaces in the basement;

f. Setbacks: 0.493 m front yard setback to Queen Street East, 0.0 m east and west side yard setbacks, and 1.552 m rear yard setback;

g. Massing and design: The Queen Street elevation provides a brick masonry façade on floors 1 – 6 inclusive. The 7th floor is well set back from the street line, in compliance with the prescribed angular plane on Queen Street. A strong four storey podium base is provided which, through the design of the arched third and fourth storey windows, appears as a three-storey element, responding to the roof line of the adjacent 5 storey building. Stepbacks are provided at the rear of the 4th, 5th, 6th, and 7th storeys.

11The proposed built form, including height, massing and transition, was reviewed by City Planning staff throughout the processing of the Revised Applications. As set out in the November 14, 2022, Request for Directions Report, City planning staff confirmed that:

a. The proposal conforms to the Official Plan and Mid-rise Building Performance Standards and demonstrates that a mid-rise building can be appropriately accommodated on the site.

b. The proposed massing complies with the rear angular plane requirement to appropriately transition to adjacent Neighbourhoods-designated lands.

c. The proposed building setback complies with the direction from staff regarding siting and orientation of the building along the street.

d. The proposed amenity space exceeds the by-law requirement and is generous and acceptable.

12In a Memorandum dated August 19, 2021, Heritage Planning commented on the Heritage Impact Assessment dated April 19, 2021. The Memorandum acknowledges that the four-storey base presents a street wall height that is consistent with the adjacent heritage building at 765 Queen Street East, and that the façade design takes cues from the arched openings of the adjacent heritage building and proposes red brick materials that are compatible with the surrounding historic main street context.

13Heritage Planning indicated that it had no objections to the proposed development in principle, subject to certain comments and recommendations. The minor comments were addressed through a number of subsequent meetings and revisions, with the October 2022 package including design elements to ensure that the proposed signage and arches would maintain existing datum lines and sensitivity to existing storefront configurations.

14Heritage Planning is satisfied with the proposal.

15Engineering and Construction Services (“ECS”) requested revisions to the Servicing and Stormwater Management Report. These comments were addressed in a Response letter dated January 20, 2022, and a revised Servicing and Stormwater Management Report.

16ECS further requested in a Memorandum dated February 10, 2023, minor revisions to the material submitted, including a request that vehicular parking be provided at a resident rate of 0.39 spaces per unit. The required 11 spaces have been provided.

17ECS further added that, as a preliminary notice of approval condition for site plan, a Construction Management Plan would be required for each stage of the construction process. A Construction Management Plan was prepared by Nextrans Consulting Engineers, dated April 8, 2022.

18The Tribunal heard that the City Council endorsement requires the submission of a pre-construction survey and building condition assessment, a vibration study and a vibration monitoring program, together with a post-construction condition survey. The Owner engaged Valcoustics to prepare a Demolition/Construction Vibration “Zone of Influence” and Pre-Construction Studies dated July 25, 2022, and a Memorandum from EMSA Construction Group, dated October 17, 2022, requested consent for the installation of a vibration monitor inside the basement of 765 Queen Street East, which has now been installed. The pre-construction survey is in the process of being completed and will be submitted shortly. The post-condition survey cannot be completed prior to the construction, but the requirement to prepare the survey post-construction will be acknowledged in the pre-construction survey.

19Further comments were received from other departments and agencies, such as Rogers, Toronto Hydro, Toronto Lands Corporation, Canada Post, Enbridge, Economic Development & Culture, Environment & Energy Division, and the Toronto Catholic District School Board. All comments have been addressed or will be addressed through the site plan and permitting stages of the project.

20Ms. Dale-Harris confirmed that all City and agency comments have been addressed in the Recommended Proposal.

Planning Analysis

[Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html)

21Section 2 of the Planning Act sets out matters of provincial interest. The Recommended Proposal has appropriate regard for, and will achieve, the following, as implemented through provincial and local policy documents:

a. Conservation of features of significant historical interest, including the adjacent building at 765 Queen Street East;

b. Adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems;

c. The orderly development of safe and healthy communities;

d. The accessibility for persons with disabilities to all facilities, services and matters to which this Act applies;

e. The adequate provision of a full range of housing;

f. The resolution of planning conflicts involving public and private interests;

g. appropriate location of growth and development;

h. The promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians;

i. The promotion of built form that is well-designed, encourages a sense of place and provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; and

j. The mitigation of greenhouse gas emissions and adaptation to a changing climate.

22Ms. Dale-Harris opined the Recommended Proposal has regard for matters of Provincial interest, including the orderly development of safe and healthy communities; the adequate provision of a full range of housing; the appropriate location of growth and development; the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians, the promotion of a built form that is well designed and provides for public spaces that are of high quality, and the mitigation of greenhouse gas emissions through increased emphasis on the use of transit and limiting the availability of car parking.

Provincial Policy Statement (2020)

23The Recommended Proposal addresses the policies of the Provincial Policy Statement, 2020 (“PPS”) regarding building strong and healthy communities by:

a. Providing efficient development and land use patterns (Policy 1.1.1a) by providing a more intense urban form that more economically uses existing infrastructure, and contributes to an appropriate market-based range and mix of housing in the area to meet the long term needs of residents (Policy 1.1.1b);

b. Promoting densities and a mix of uses that make more efficient use of existing land and resources (Policy 1.1.3.2a);

c. Providing for transit supportive development that will make use of the existing transit infrastructure, and accommodates a supply and range of housing options through intensification and redevelopment in an area where it can be accommodated (Policy 1.1.3.3);

d. Promoting appropriate development standards which facilitate intensification and compact urban form (Policy 1.1.3.4).

24The Recommended Proposal also addresses the housing policies by providing for a range and mix of housing options and densities to meet projected housing needs through an appropriate form of residential intensification that is directed to an area where appropriate levels of infrastructure and public service facilities are available. (Policies 1.4.1 and 1.4.3)

25Section 1.7, Long Term Economic Prosperity, identifies that maintaining and, where possible, enhancing the vitality and viability of main streets supports long-term economic prosperity (1.7.1 d)).

26Section 2.6 of the 2020 PPS directs that significant built heritage resources be conserved. Development that is proposed on lands adjacent to a protected heritage property is required to conserve the heritage attributes of the protected heritage property. Although the adjacent property at 765 Queen Street East is not designated as a heritage property, sufficient study has been undertaken to ensure that its potential heritage attributes are appropriately protected and conserved through the proposed development.

27Ms. Dale-Harris opined that the Revised Applications, as modified in the Recommended Proposal is consistent with its policies and, in particular, the policies promoting the efficient use of land and infrastructure in a transit-supportive manner and the enhancement of main streets.

Growth Plan for the Greater Golden Horseshoe, 2019 (“the Growth Plan”)

28The Site is within an appropriate location for accommodating intensification and higher-density mixed-uses in a more compact built form. The Site is located on an Avenue on Map 2 of the Official Plan, and on a Major Street on Map 3 of the Official Plan. Queen Street East is served by existing frequent transit service, including the 501 streetcar route, which is part of the ten-minute network and is also identified as a Transit Priority Segment on Map 5 of the Official Plan. The Recommended Proposal conforms with policy 2.2.1.2.(c) of the Growth Plan. It provides for an appropriate level of growth within a settlement area, at a location which is well served by existing transit and existing public service facilities.

29The Recommended Proposal conforms to the objective to support the achievement of complete communities by:

a. As implemented through the Official Plan policies, directing growth to Mixed-Use Areas, providing for an urban form that will optimize infrastructure and provide a more compact built form (policy 2.2.1.3.(c)).

b. Providing for a mix of land uses with convenient access to local stores, services, and public service facilities (policy 2.2.1.4.(a);

c. Providing for a more compact built form and a vibrant public realm, which is the culmination of a detailed design process (policy 2.2.1.4.(e));

d. Providing for transit-supportive development on lands adjacent to existing frequent transit (policy 2.2.4.11); and

e. Addressing the housing objectives in policy 2.2.6, including by contributing to the achievement of the minimum intensification and density targets for the City of Toronto through the provision of a range and mix of housing options and densities (policy 2.2.6.1 and 2.2.6.2), and incorporating a mix of unit sizes to accommodate a diverse range of household sizes and incomes (policy 2.2.6.3).

30Ms. Dale-Harris opined that the proposed mixed-use development is an appropriate form of transit supportive intensification for this section of Queen Street East. The proposed development supports the provincial growth management policies and land use goals, as contained in the Growth Plan, and conforms with its policy objectives.

City of Toronto Official Plan

Avenue Designation

31Queen Street East, between the Don Valley Parkway and Victoria Park Avenue, along which is the Site, is identified as an Avenue on Map 2, Urban Structure of the Official Plan. Section 2.2.3 of the Official Plan directs that Avenues are important corridors along major streets where reurbanization is anticipated and encouraged.

32Policy 2.2.3.1 provides that reurbanizing the Avenues is to be achieved through the preparation of Avenue Studies for strategic mixed-use segments of the corridors shown on Map 2. These Studies are to be used to establish, among other things, contextually appropriate as-of-right zoning. In 2010, City Planning staff completed the Avenues and Mid-Rise Building Study to identify performance standards that are appropriate to apply to new development located on a designated Avenue. As noted in the 2014 Planning Rationale, in July 2010 City Council removed Queen Street East from the Avenue Study but did not amend the Urban Structure Map to delete the designation.

33Chapter 2.2.3 acknowledges that not all Avenues can be studied at once, and that development may occur prior to the completion of an Avenue Study. The sidebar on page 2-22 acknowledges that the rezoning process, which must assess the criteria in chapter 2.2.3 and in the Mixed-Use Areas policies, will result in a process that mirrors that for the Avenue Study. Policy 2.2.3.4 provides that the review will include an assessment of the impacts of the incremental development of the entire Avenue segment at a similar form, scale, and intensity, and consider whether that development would adversely impact any adjacent Neighbourhoods and whether it is supportable by available infrastructure. Policy 2.2.3.3 provides that development on an Avenue must implement the policies of the Plan for the relevant designation area.

34Ms.Dale-Harris provided that the Recommended Proposal represents a form of reurbanization that promotes the use of transit, increases housing options, and contributes to a safe and attractive pedestrian environment on Queen Street East. It conforms to the Avenue policies in Chapter 2.2.3.

Mixed-Use Areas Designation

35The Site is designated Mixed-Use Areas on Map 18 of the Toronto Official Plan. Properties on the north side of Queen Street across from the Site are also designated Mixed-Use Areas. Properties located immediately south of the Site are designated Neighbourhoods. The Official Plan expects that Mixed-Use Areas will absorb most of the anticipated future increase in new housing, as well as retail, office and service employment. The growth management policies of the Official Plan direct new growth to Avenues and Mixed-Use Areas.

36A wide variety of uses are permitted in Mixed-Use Areas, including residential, offices, retail and services, institutional and entertainment uses. The uses proposed in the Recommended Proposal conform with these permitted uses.

37The Recommended Proposal satisfies the criteria for new development proposed in Mixed-Use Areas set out in Section 4.5.2 of the Official Plan. The new development on the Site:

a. Creates a balance of commercial and residential uses that reduce automobile dependency;

b. Provides new jobs and homes on underutilized lands on an Avenue designated Mixed-Use Area;

c. Locates and masses the new building to frame Queen Street East with good proportion achieved through the detailed site and massing design, and provides a transition in intensity and scale with the lower scale residential area found to the south of the Site through the use of setbacks and stepbacks at the upper storeys and the implementation of an angular plane;

d. Adequately limits shadow impacts on adjacent Neighbourhoods through its massing and the building location on the south side of Queen Street;

e. Provides an attractive, comfortable and safe pedestrian environment on Queen Street East;

f. Has access to schools, parks, community centres, libraries and childcare;

g. Takes advantage of nearby transit service;

h. Provides good site access and circulation with an adequate supply of parking, while having regard for By-law 89-2022, as amended, which requires no resident parking in this area of the City; and

i. Provides generous indoor and outdoor recreation space for building residents.

38Ms. Dale-Harris summarized the mixed-use building proposed for the Site conforms with the land use policies and development criteria for Mixed-Use Areas of the Toronto Official Plan.

Built Form Policies

39The Recommended Proposal conforms to the built form policies of Section 3.1.2 of the Official Plan, including those in force at the time the Initial Applications were filed and those in force today.

40The development fits with its context as it frames and supports Queen Street East: the main entrances of the building are clearly visible and directly accessible from the public sidewalk on Queen Street East, and ground floor uses have views into and access to the adjacent street. Parking and vehicular access is provided from June Callwood Lane and is organized in an underground parking stacker to minimize impact on surrounding properties. No surface parking is located between the front face of the building and the sidewalk.

41The massing of the building fits harmoniously into its existing and planned context. Any impact on neighbouring streets and properties is minimized by the building, which frames Queen Street East, respects the character of the adjacent main street buildings and creates an appropriate transition in scale to the residential neighbourhood to the south. Adequate light and privacy for neighbouring properties and limited shadowing is provided through the use of stepbacks and an angular plane.

42The Province approved Official Plan Amendments No. 479 and 480 on September 11, 2020, which updated the Public Realm and Built Form policies in the Official Plan.

43Section 3.1.1 sets out policies applying to the public realm, including streets, parks, open spaces and public buildings. Policy 3.1.1(1) states that the public realm is comprised of all public and private spaces to which the public has access. Policy 3.1.1(2) outlines that the public realm will, among other things, provide the organizing framework and setting for development; foster complete, well-connected walkable communities and employment areas that meet the daily needs of people and support a mix of activities; provide a comfortable, attractive and vibrant, safe and accessible setting for civic life and daily social interaction; provide opportunities for passive and active recreation; and be functional and fit within a larger network. Policy 3.1.1(3) further outlines that the City will seek opportunities to expand and enhance the public realm in order to support the needs of existing and future populations.

44Policy 3.1.1(6) recognizes that City streets are significant public open spaces which connect people and places and support the development of sustainable, economically vibrant and complete communities.

45Section 3.1.2 provides principles that speak to the relationship between the location and organization of development, its massing and the interface between the building and the public realm. Policy 3.1.2(1) provides that development will be located and organized to fit with its existing and planned context and to frame and support adjacent streets, lanes, parks and open spaces. Relevant criteria include:

a. Generally locating buildings parallel to the street with consistent front yard setbacks;

b. Locating main building entrances on the prominent building facades so that they front onto a public street, park, or open space, and are visible and directly accessible from a public street;

c. Providing ground floor uses, clear windows and entrances that allow views from, and where possible, access to, adjacent streets, parks and open spaces; and

d. Providing comfortable window conditions and air circulation at the street and adjacent open space to preserve the utility and intended use of the public realm, including sitting and standing.

46Policy 3.1.2(3) directs that development will protect privacy within adjacent buildings by providing setbacks and separation distances from neighbouring properties and adjacent building walls containing windows.

47Policy 3.1.2(4) requires development to locate and organize vehicle parking, vehicular access and ramps, loading, servicing, storage areas and utilities to minimize their impact and improve the safety and attractiveness of the public realm, the site and surrounding properties.

48Section 3.1.2 also includes additional language with respect to street proportion. The sidebar notes that street proportion will be determined by considering the existing conditions and determining the appropriate setbacks, scale and massing of buildings to provide a street proportion that will provide good sunlight and daylight conditions and will be implemented through a number of measures including setbacks, building heights, pedestrian perception zones, streetwall heights, base building heights and stepbacks.

49Policy 3.1.2(5) directs that development will be located and massed to fit within the existing and planned context, define and frame the edge of the public realm with good street proportion, fit with the character and ensure access to direct sunlight and daylight on the public realm by: providing streetwall heights and setbacks that fit harmoniously with the existing and/or planned context; and stepping back building mass and reducing building footprints above the streetwall height.

50Further, refinements have been made to both the sidebar text and Policy 3.1.2(6) to clarify that development must provide good transition in scale in consideration of both the existing and planned contexts of neighbouring properties and the public realm. In particular, Policy 3.1.2(6) requires development to provide good transition in scale between areas of different building heights and/or intensity of use in consideration of both the existing and planned contexts of neighbouring properties and the public realm. In this regard, Policy 3.1.2(7) states that transition in scale will be provided within the development site and measured from shared and adjacent property lines.

51Policy 3.1.2(9) directs that the design of new building facades visible from the public realm will consider the scale, proportion, materiality and rhythm of the facade to:

a. Ensure fit with adjacent building facades;

b. Contribute to a pedestrian scale by providing a high quality of design on building floors adjacent to and visible from the public realm;

c. Break up long facades in a manner that respects and reinforces the existing and planned context; and

d. Ensure grade relationships that provide direct access and views into and from the public realm.

52Policy 3.1.2(10) requires that development will promote civic life and provide amenity for pedestrians in the public realm to make areas adjacent to streets, parks and open spaces attractive, interesting, comfortable and functional by providing:

a. Improvements to adjacent boulevards and sidewalks, including sustainable design elements, which may include landscaping, permeable paving materials and street furniture;

b. Coordinated landscape improvements in setbacks to enhance local character, fit with public streetscapes, and provide attractive, safe transitions between the private and public realms;

c. Weather protection such as canopies and awnings; and

d. Landscaped open space within the development site.

53Policy 3.1.2(11) encourages new indoor and outdoor shared amenity spaces provided as part of multi-unit residential developments to be high quality, well designed, and consider the needs of residents of all ages and abilities over time and throughout the year.

54Section 3.1.3 of the Official Plan recognizes that Toronto is a complex city built over many decades with a diversity of uses, block, lot and building type patterns. The Official Plan recognizes mid-rise scale development as “a transit-supportive form of development” and that the heights of mid-rise buildings are “contextual” and “informed by the width of the right-of-way onto which they front” and may vary between four and 11 storeys. Policy 3.1.3(4) states that mid-rise buildings will be designed to:

a. Have heights generally no greater than the width of the right-of-way that it fronts onto;

b. Maintain street proportion and open views of the sky from the public realm by stepping back building massing generally at a height equivalent to 80% of the adjacent right-of-way width; and

c. Allow for daylight and privacy on occupied ground floor units by providing appropriate facing distances, building heights, angular planes and step-backs.

55It was noted that since the initial application was filed, before OPA 479 and OPA 480 received Ministerial approval, the policies summarized above are relevantbut not determinative in terms of the evaluation of the proposal in relation to the Official Plan policy framework.

56Ms. Dale-Harris summarized that the proposal addresses the built form and public realm policies below, after discussion of the applicable Urban Design Guidelines.

Heritage Conservation

57Chapter 3.1.6 addresses heritage conservation. Policy 5 directs that proposed development on or adjacent to properties on the Heritage Register will ensure that the integrity of the heritage property’s cultural heritage value and attributes will be retained. A Heritage Impact Assessment (“HIA”) has been completed with reference to the characteristics of Queen Street East and the adjacent Ralph Thornton Community Centre. The HIA has been considered by Heritage Planning staff and design revisions have been incorporated to the satisfaction of staff, including the mitigation of perception of height through incremental stepbacks beginning on the fifth floor, and a contemporary façade design that takes cues from the arched openings of buildings along Queen Street East.

Housing Policies

58The proposal conforms with the housing policies of the Official Plan by providing a full range housing in terms of form, tenure, and affordability to maintain the current and future needs of residents (policy 3.2.1.1).

59Policy 3.2.1.2 directs the maintenance and replenishment of the existing housing stock and encourages new housing supply through intensification that is consistent with the Official Plan.

Mid-Rise Building Performance Standards

60The City adopted Mid-Rise Building Performance Standards in 2010 and an Addendum to those standards in 2016, which are to be used together during the evaluation of mid-rise development standards (Mid-Rise Guidelines).

61The main components of the Mid-Rise Guidelines are as follows:

a. Basing heights on the right-of-way widths, in consideration of lot depth (the right-of-way width is 20 m on Map 3, which suggests a 6 storey mixed-use building of 19.5 m, based on a minimum lot depth of 32.6 m. In this case, the lot depth is over 40 m, and the 7th storey can be accommodated with appropriate stepbacks;

b. Utilizing 45 degree angular planes, commencing vertically at 80% of the height of the right-of-way at the front property line, and 10.5 m at the rear property line (depending on the lot depth);

c. Allowance for a minimum of 5 hours of sunlight on adjacent/fronting main streets;

d. Incorporation of stepbacks to mitigate the perception of height for pedestrians and create comfortable pedestrian conditions;

e. Building to the side property lines to provide continuous street walls, with stepbacks at upper storeys to provide sky views and increased sunlight;

f. Provision of rooftop amenity space and/or a green roof;

g. Mechanical penthouse within the angular planes;

h. Provision of vehicular access from lanes whenever possible; and

i. Development sensitivity to adjacent heritage properties.

Growing Up Urban Design Guidelines

62Ms. Dale-harris testified that the Growing Up Guidelines were adopted by the City on July 28, 2020. The intent of the Guidelines is to ensure that new development in vertical communities within a dense infill context will continue to provide for complete communities with a range of unit types and sizes, ensuring livability for the needs of Toronto’s growing population.

63Section 2.3 provides that indoor and outdoor amenity spaces should be provided in compliance with By-law 569-2013. As noted above, a generous indoor and outdoor amenity space has been provided on the rooftop, lobby, and basement levels.

64Ms. Dale-Harris further provided that Section 3.0 provides guidelines for unit sizes to accommodate functional and adequate living space. The ideal unit size for a two bedroom unit is 90 m2, and a three bedroom unit is 106 m2. The units have been designed to be generous in size, with several of the two bedroom units larger than 100 m2. Guidelines respecting floor layouts and the provision of private outdoor amenity space have also been considered in the building layout and design.

Planning and Urban Design Analysis

65Ms. Dale-Harris opined that the Recommended Proposal is consistent with and/or conforms to the recent planning framework established through the 2020 PPS, the Growth Plan and the City of Toronto Official Plan. The proposed development is respectful of the existing development context, acknowledges the adjacent heritage building through its massing, scale and architectural expression, and minimizes any visual impacts along the Queen Street East main street and on the residential neighbourhoods to the south through the provision of setbacks and stepbacks.

66The proposed massing comprises a base volume, which occupies the entire width and length of the Site, consistent with other commercial buildings along this stretch of Queen Street. The ground level storefronts are setback from the property line to allow for generous entryways with columns that are features of the facade and maintain the built form character along Queen Street where buildings are built up to the property line. The four-storey height of the base is similar to the height of the Ralph Thornton Centre. Above the four-storey base, each of the additional three storeys step back incrementally from the Queen Street frontage, starting with a setback of approximately 3.3 m on the fifth storey. Similar setbacks are also present on the rear elevation, facing June Callwood Way, starting at level four. Small setbacks are present on narrow portions of the west and east elevations, adjacent to existing buildings, for the purpose of increasing natural light within the units of the development.

67The Recommended Proposal addresses the applicable Toronto Official Plan policies (Policies 3.1.2(1), 3.1.2(2), 3.1.2(3), 3.1.2(4), 3.1.2(5), 3.1.3(1), 4.2(2)). The Recommended Proposal:

a. Locates proposed building faces parallel to Queen Street to maintain a strong street-level relationship and consistency of building setbacks along the street frontages.

b. Locates the main building entrance to the condominium building so it is clearly visible and accessible from the public sidewalk.

c. Provides direct entrances from Queen Street to the three retail units which will help to animate the public realm, and create an attractive, lively, and safe pedestrian environment at grade.

d. Provides a generous rooftop amenity space on the north side of the building, away from the residential uses to the south, that will create an attractive and inviting environment for all residents.

e. Provides indoor amenity space both on the ground floor and in the basement. Although this space is not contiguous to the outdoor space, given the generous size of, and easy access to, the roof terrace, very accessible locations have been provided for all amenity spaces.

f. Provides terraces on the north and south facades (no balconies).

g. Provides a series of setbacks at levels 5, 6 and 7 on the Queen Street East frontage. The 7th storey is set back approximately 10.7 m (32 feet [“ft”]) back from Queen Street.

h. Provides a series of setbacks at levels 4, 5 and 7 from June Callwood Lane. The 7th storey is set back over 12 m (40 ft) back from the south limit of the Lane.

i. Results in no additional shadows on the Neighbourhoods to the south.

j. The proposed scale, materiality and street-related retail proposed for the building complement the materiality, scale, pattern and land use type along Queen Street East, including the adjacent Postal Station G (Ralph Thornton Centre). The massing and architectural expression of the building is distinguished by stepbacks, architectural articulation including arched windows (reflective of the windows at 758 -766 Queen Street) and use of brick masonry.

k. 11 parking spaces are provided, all of which are accessed via June Callwood Lane.

l. In accordance with City standards, as not more than 30 residential units are proposed, a loading space is not required. A refrigerated garbage room is provided on the main floor and all garbage pickup will be from June Callwood Lane.

68Ms. Dale-Harris opined that from an urban design perspective, the Recommended Proposal provides an appropriate built form pattern and establishes a good relationship between the proposed building on the Site and the Queen Street East streetscape and limits any adverse impact upon the adjacent Neighbourhoods to the south.

Zoning By-law Amendment

69At the time of submission of the Initial Application, amendments were sought to both By-law 438-86 and By-law 569-2013. Since that time, as the applicable regulations in By-law 569-2013 have come into force, By- law 438-86 is no longer applicable.

70The Draft Zoning By-law Amendment submitted in May of 2022 has been prepared to implement the proposed development plans, and includes revisions to the base zone standards for the following elements:

a. Height, measured to the highest point of a building or structure;

b. Projection of mechanical penthouses and other elements above the permitted maximum height;

c. Encroachment of exterior stairways and other elements into the required minimum building setbacks;

d. Required minimum first storey height of 4.4 m;

e. Permitted maximum gross floor area of 3,150 m2;

f. Required minimum building setbacks;

g. Separation distance between walls with windows on the same lot;

h. Location and number of parking and loading spaces;

i. Location and size of bicycle parking spaces.

Conclusion

71Ms. Dale-Harris opined that the Recommended Proposal is consistent with the 2020 PPS, conforms to the 2020 Growth Plan and the City of Toronto Official Plan and provides for a building which reflects the objectives of the Owner while addressing the comments and concerns received from City Planning staff and City agencies.

72Ms. Dale-Harris further opined the proposal, as currently constituted, represents good land use planning and should be approved, subject to the preconditions of release of the final Order as identified by City Council.

Findings

73The Tribunal accepts the uncontroverted evidence of Ms.Dale-Harris in support of the settlement.

74The Tribunal finds that the Settlement Proposal will fit harmoniously with the existing and planned built form context and will enhance the area by intensifying an underutilized site which is well served with municipal infrastructure.

75The Settlement Proposal will be an efficient use of the land and will support the achievement of the PPS and Growth Plan policy directions promoting intensification within a built-up urban area. The Settlement Proposal will result in a desirable mixed-use intensification project having convenient access to transit. Further, the Tribunal is satisfied that the Settlement Proposed will create a high-quality addition to the area, in keeping with the built form policies of the TOP

76The Tribunal finds that the Settlement Proposal is consistent with the Provincial Policy Statement 2020, conforms with the policies of the Growth Plan for the Greater Golden Horseshoe 2019, and the City of Toronto Official Plan. The Settlement Proposal represents good planning and is in the public interest.

ORDER

77THIS MATTER having come on for public hearing on Friday, the 17th day of February, 2023, and the Tribunal having received the Oral and Affidavit evidence of the Applicant in support of the proposal;

78AND THE TRIBUNAL having issued an oral Decision allowing the appeal in part, and approving the proposed zoning by-law amendment in principle;

79AND THE TRIBUNAL having received submissions from the parties that the final Order be withheld until such time as the City Solicitor advises that certain pre-conditions, included herein as Attachment 1, have been satisfied;

80AND THE TRIBUNAL having been advised by the Parties that the pre-conditions have been satisfied to the satisfaction of the City;

81THE TRIBUNAL ORDERS with respect to the above-referenced appeal that the appeal is allowed in part and Zoning By-law 569-2013, as amended, is further amended in accordance with the zoning by-law amendment attached to this Order as Schedule 1. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number of this by-law for record keeping purposes.

“Carmine Tucci”

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.

Attachment 1

Ontario Land Tribunal

759-763 Queen Street East (Lead Case No. OLT-22-004397)

List of conditions pre-requisite to the issuance of a Final Order on the Proposed Zoning By-law Amendment

Submitted Jointly by the Owner and the City of Toronto

In the event that the Ontario Land Tribunal allows the appeal of the Zoning By-law Amendment application in whole or in part, the Parties request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Zoning By-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Owner has provided a revised Functional Servicing and Stormwater Management Report in respect of the development of the subject lands is to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Owner has made satisfactory arrangements with the City to secure, pay for, and construct all works and improvements to existing City infrastructure to provide servicing capacity to support the development of the subject lands, as recommended in the accepted Functional Servicing and Stormwater Management Report, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the Owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, as they relate to the Zoning By-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review, the General Manager, Parks, Forestry and Recreation and the City Solicitor prior to the Ontario Land Tribunal's Order;

e. the Owner has made arrangements satisfactory to the Senior Manager, Heritage Planning, Urban Design, City Planning, that the design preserves the heritage character of the Ralph Thornton Centre (765 Queen Street East) including visual and physical impacts; and

f. the Owner has submitted a construction management plan to ensure no negative impacts on the heritage character, structural integrity and overall condition of the Ralph Thornton Centre, with such study to include a pre-construction survey and building condition assessment, a vibration study and a vibration monitoring program that incorporates reduced thresholds for heritage properties throughout construction and a post-construction condition survey to be undertaken by a third party to ensure the heritage property (which also contains the Toronto Public Library-Queen/Saulter Branch located on the adjacent lot at 765 Queen Street East) is protected from all potential damages, all to the satisfaction of the Senior Manager, Heritage Planning.

Schedule 1

Authority: Ontario Land Tribunal Decision dated ______ and Order dated _______ in matter OLT-22-004397.

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 759 - 763 Queen Street East

Whereas Council of the City of Toronto has the authority to pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended, to pass this By-law; and

Whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto enacts:

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 subject to this By-law from CR 2.5(c2.0; r2.0) SS2 (x2294) to CR 2.5 (c2.0; r2.0) SS2 (x2294) 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 859 so that it reads:

(859) Exception CR 859

The lands, or a portion thereof as noted below, are subject to the following Site Specific Provision, Prevailing By-laws and Prevailing Sections.

Site Specific Provisions:

(A) On 759-763 Queen Street East, as shown on Diagram 1 of By-law [Clerks to insert By-law #], a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (R) below:

(B) Despite regulation 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 80.17 metres and elevation of the highest point of the building or structure;

(C) Despite Regulations 40.5.40.10(3) to (7) and (E) above, the following equipment and structures may project above the permitted maximum height of a building:

(i) mechanical equipment, mechanical penthouses, parapets, architectural decorative elements, cornices, canopies, balconies, lighting fixtures, awnings, ornamental elements, parapets, trellises, eaves, window sills, window washing equipment, ramp enclosures, guardrails, balustrades, safety railings, stairs, stair enclosures, bollards, wheel chair ramps, vents, stacks, fences, wind or privacy screens, landscape elements (including green roofs), terraces, thermal insulation and roof ballast, roof finishing materials, skylights, flues, access roof hatch, outdoor furniture, chimneys, structures on the roof used for outside or open air recreation, retaining walls, heating, cooling or ventilating equipment or a fence, wall or structure enclosing such elements; to a maximum of 3m.

(D) Despite Regulation 40.5.40.10(4) the height of equipment and structures located on the roof of a building may exceed the permitted maximum height for that building by 6.0 metres for an elevator overrun;

(E) Despite Regulation 40.5.40.60(1), Regulation 40.10.40.60, the following may encroach into the required minimum building setbacks as follows:

(i) Exterior stairways, roof overhangs and cornices, canopies, chimneys, wheelchair ramps, balconies, lighting fixtures, awnings, ornamental elements, cladding, parapets, trellises, eaves, window sills, window washing equipment, guardrails, balustrades, safety railings, stairs, stair enclosures, bollards, vents, pipes, utility equipment, fences, wind or privacy screens, landscape elements (including green roofs), terraces, decorative architectural features, bay windows, ramps, parking garage ramps and associated structures, retaining walls, columns, cornices, heating and cooling and ventilating equipment, pilasters and sills, and porches and decks, either excavated or unexcavated; to a maximum of 1m.

(F) Despite Regulation 40.10.40.1.(1), residential use portions of a building are not required to be located above non-residential use portions of a building.

(G) Despite Regulation 40.10.40.10(2), the permitted maximum height of the building or structure, is the number following the symbol HT as shown on Diagram 3 of By-law [Clerks to insert By-law #];

(H) Despite Regulation 40.10.40.10(5), the required minimum height of the first storey, as measured between the floor of the first storey and the ceiling of the first storey is 4.4 metres;

(I) Despite Regulations 40.10.40.40(1) the permitted maximum gross floor area is 3,110 square metres, of which:

(i) The permitted maximum gross floor area for non-residential uses is 175 square metres;

(ii) The permitted maximum gross floor area for residential uses is 2,935 square metres;

(J) Despite Regulation 40.10.40.50.(1), the outdoor amenity space is not required to be in a location adjoining or directly accessible to the indoor amenity space;

(K) Despite Regulation 40.10.40.70(2) the minimum required building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law #];

(L) Despite Regulation 40.10.40.80(2), where a main wall of the building has windows and a line projected at a right angle from that main wall intercepts another main wall with or without windows on the same lot, the required minimum above-ground distance between the main walls is 4.1 metres;

(M) Despite Regulation 200.5.1(3), the required minimum drive aisle width does not apply;

(N) Despite Regulation 200.5.1.10(2), stacked parking spaces must have the following minimum dimensions:

(i) a minimum length of 5.2 metres;

(ii) a minimum width of 2.5 metres; and may be obstructed on one or both sides without an increase in the minimum required width;

(iii) a minimum vertical clearance of 1.75 metres;

(O) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1 and Regulation 900.11.10.(2)(B), parking spaces must be provided in accordance with the following:

(i) a minimum parking rate 0.37 parking spaces per dwelling unit must be provided for residents;

(ii) will be located in a stacked parking space accessed from June Callwood Way;

(P) Regulations 200.15.1(4) and 200.15.10.5.(1), with respect to the location and requirement to provide accessible parking spaces, do not apply;

(Q) Despite Regulations 220.5.10.1, 0 loading space are required on the lot;

(R) Despite Regulation 230.5.1.10(4) "long-term" bicycle parking spaces may be located in a stacked bicycle parking space with a:

(i) minimum width of 0.45 metres,

Prevailing By-laws and Prevailing Sections: (None Apply)

5. Despite any future severance, partition or division of the lot as shown on Diagram 1, the provisions of this By-law apply as if no severance, partition or division occurred.

Pursuant to Ontario Land Tribunal Decision issued on ________ and Order issued on _______, 2023, in File OLT-22-004397.

[full name], John D. Elvidge,

Speaker City Clerk

(Seal of the City)