Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
September 21, 2023
CASE NO(S).:
OLT-22-004202
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
6200 Yonge GP Inc.
Subject:
Request to amend the Official Plan - Failure to adopt the requested amendment
Purpose:
To permit a 25-storey mixed-use building with a daycare space at grade
Property Address:
6200 Yonge Street, 11 & 15 Moore Park Avenue
Municipality:
City of Toronto
Municipal File No.:
21 252332 NNY 18 OZ
OLT Case No.:
OLT-22-004202
OLT Lead Case No.:
OLT-22-004202
OLT Case Name:
6200 Yonge GP Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
6200 Yonge GP Inc.
Subject:
Application to amend Zoning By-law - Refusal or neglect to make a decision
Purpose:
To permit a 25-storey mixed-use building with a daycare space at grade
Property Address:
6200 Yonge Street, 11 & 15 Moore Park Avenue
Municipality:
City of Toronto
Municipal File No.:
21 252332 NNY 18 OZ
OLT Case No.:
OLT-22-004203
OLT Lead Case No.:
OLT-22-004202
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Applicant and Appellant:
6200 Yonge GP Inc.
Subject:
Site Plan
Purpose:
To permit a 25-storey mixed-use building with a daycare space at grade
Property Address:
6200 Yonge Street, 11 & 15 Moore Park Avenue
Municipality:
City of Toronto
Municipal File No.:
21 252331 NNY 18 SA
OLT Case No.:
OLT-22-004204
OLT Lead Case No.:
OLT-22-004202
Heard:
June 14, 2023, by video hearing
APPEARANCES:
Parties
Counsel
6200 Yonge GP Inc.
Jason Park / Adrian Frank
City of Toronto
Ray Kallio
Grand Genesis Medical Inc.
William Friedman / Shabnam Riazi
Tina Zografos
Evan Barz / Chris Barnett
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON JUNE 14, 2023 AND ORDER OF THE TRIBUNAL
Link to Order
1The matters before the Ontario Land Tribunal (the “Tribunal”) were the appeals of the refusal of the City of Toronto to make a decision regarding Applications to amend the Official Plan, to amend relevant City of Toronto Zoning By-laws, and to obtain Site Plan Approval (“SPA”).
2The Tribunal was informed that the Parties had reached a settlement which was presented for the consideration of the Tribunal.
EXHIBITS
3Exhibits were entered and numbered as follows:
1 Witness statement of Michael Goldberg
2 Visual Evidence
3 Settlement plans
4A Joint Document Book Volume 1
4B Joint Document Book Volume 2
5 Draft Official Plan Amendment
6 Draft Zoning By-Law Amendment
4The Tribunal was presented with the Affidavit of Michael Goldberg. The Tribunal affirmed and qualified Mr. Goldberg to provide uncontested opinion evidence in areas of land use planning.
SUBJECT SITE AND SURROUNDING CONTEXT
5The subject site is occupied by one- and two-storey, original vintage single detached dwellings (1950s) on the 11 and 15 Moore Park Avenue lots, and low intensity commercial uses on the Yonge Street frontage, with associated rear parking and servicing areas.
6A Mixed Use Areas land use designation is currently shown for the Yonge Street property and maintains an irregular depth along the various Yonge Street frontages between Cummer Avenue in the south and Steeles Avenue in the north. The Neighbourhoods land use designation is west of the Mixed Use Areas designation.
7The Mixed Use Areas is a band centred along Yonge Street, which is characterized by many tall, mixed-use developments extending for varying distances both east and west of Yonge Street, co-existing with original vintage low rise development. Currently, Cummer Avenue, being the northern limit of the North York Centre Secondary Plan (“NYCSP”) area, is the northern limit of the more intense and higher forms of development. The subject application therefore expands this pattern of growth northward, along the west side of Yonge Street.
8The subject site is an urban redevelopment site located within walkable proximity to existing surface transit and planned rapid transit. Steeles Avenue, located approximately 460 metres (“m”) north of the subject site, will include a new subway station as part of the Yonge subway northerly extension. The subject proposal on the subject site represents a northerly expansion of the high density built forms found in the Mixed Use Areas development to the south, within the NYCSP area and recognizes generally what is intended for this site within OPA 615. The adoption of OPA 615 provides transit supportive policy direction arising from the approval of the planned Yonge subway extension, aimed at promoting development opportunities arising from the major investment in transit infrastructure.
9The location and size of the subject site proposes a model perspective to accommodate a well-designed, mixed-use redevelopment, similar to some of the other developments described through my context review. The approved planned subway station at Steeles Avenue will be located north of the site (within approximately 460 m) and function as an infrastructural benefit and enhancement, when completed.
10The subject site is served by community facilities, indoor and outdoor recreational facilities, religious institutions, and educational facilities. Like the many other developments described in the area, with its location on Yonge Street, the subject site is also within close walking distance to existing shops, services, restaurants, institutional uses and entertainment uses.
Proposal Description
11Mr. Goldberg explained that the proposed building is oriented towards Yonge Street and Moore Park Avenue. A six-storey podium is proposed along Yonge Street with a 10 m setback from the face of the building to the curb on the ground floor. Along Moore Park Avenue, the building is set back 3 m from the property line providing a setback to the curb of 6.2 m at Yonge Street and increasing to 10.5 m at the west end of the site.
12Above the podium, floors 7-11 are stepped back 3 m along Yonge Street and 1.5 m along Moore Park Avenue. Further stepping of the tower for floors 12 to 16 provides for an additional 6 m stepback along Yonge Street and 1.5 m along Moore Park Avenue.
13Access to the site is proposed from a centrally aligned driveway along Moore Park Avenue. This driveway provides access to the ramp to the underground parking, service and loading areas within the building and maintains vehicular access to the rear/south for the adjacent property and buildings.
14Mr. Goldberg stated the development application proposes a total gross floor area (“GFA”) of 24,551.26 square metres (“m2") (excludes 712 m2 of required indoor amenity area) resulting in a floor space index (“FSI”) of 7.07. There are 24,890.10 m2 of residential GFA within the building and 373.16 m2 of commercial GFA at grade.
15Outdoor amenity is provided at grade on the north and south sides of the building as well as rooftop amenity area on the roof of the 16th floor. Interior amenity space is provided on the ground floor and connected to both outdoor amenity areas at grade and additional indoor amenity is provided on the 16th floor, linked to the rooftop outdoor amenity area. A total of 713.56 m2 of indoor amenity area and 746.06 m2 of outdoor amenity is provided.
16A total of 162 vehicle parking spaces are provided on two levels of underground parking with three surface parking spaces provided to/from the driveway to provide short term parking for drop-off and deliveries.
17Mr. Goldberg indicated that 356 units are proposed with the following unit distribution:
One bedroom/One bedroom plus den: 248 (70%)
Two bedroom/Two bedroom plus den: 55 (15%)
Three bedroom: 43 (12%)
Two-storey townhouse: 10 (3%)
18The Tribunal was provided with a comparative Table that outlines the statistical information of this current April 2023 proposal and the original December 2021 proposal.
December 2021 Plans
April 2023 Plans
Total Units
347
356
Height, (storeys/m)
25 / 140 m
16 / 55.7m
Residential GFA (m2)
25,026 m2
16 / 55.7m
Retail/Commercial GFA (m2)
760 m2
373 m2
Total GFA
25,092 m2 (includes 694 m2 reduction for required indoor amenity area)
24,551 m2 (includes 712 m2 reduction for required indoor amenity area)
Floor Space Index
7.2
7.07
Total Parking
174
162
Bike Parking (LT and ST)
261
268
Indoor Amenity (m2)
754 m2
714 m2
Outdoor Amenity (m2)
785 m2
746 m2
Applications Required to Implement the Proposal
19Mr. Goldberg testified that, in order to implement the redevelopment proposal, an Official Plan Amendment (“OPA”) to the City OP is required and a Zoning By-law Amendment (“ZBA”) is required to the former City of North York Zoning By-law No. 7625 and the City’s Harmonized Zoning By-law No. 569-2013. A Site Plan Approval (“SPA”) application has also been submitted. Subsequent to the filing of the applications, the City has identified that an amendment to former City of North York By-law No. 7625 is no longer required as the proposed Commercial Residential (“CR”) zone of By-law No. 569-2013 has come into effect and therefore supersedes the former by-law.
20The OPA application proposes to amend the City OP by:
Amending Map 16 Land Use for the western portion of the subject site from Neighbourhoods to Mixed Use Areas (11 and 15 Moore Park Avenue); and
Amending Section 7 of the City OP by adding a new Site and Area Specific Policies (“SASP”) section, to implement the subject proposal.
21The ZBA application for Zoning By-law No. 569-2013, seeks to amend the current CR Zone and the Residential Detached (“RD”) Zone, and to include site specific provisions necessary to implement the proposal.
The Planning Act
22Mr. Goldberg opined that Section 2 of the Planning Act, R.S.O. 1990 as it relates to the proposed development has had an appropriate degree of regard to the following applicable matters:
e) the supply, efficient use and conservation of energy and water;
f) the adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems;
g) the minimization of waste;
h) the orderly development of safe and healthy communities;
h.1) the accessibility for persons with disabilities to all facilities, services and matters to which this Act applies;
i) the adequate provision and distribution of educational, health, social, cultural and recreational facilities;
j) the adequate provision of a full range of housing, including affordable housing;
k) the adequate provision of employment opportunities;
l) the protection of the financial and economic well-being of the Province and its municipalities;
m) the co-ordination of planning activities of public bodies;
n) the resolution of planning conflicts involving public and private interests;
o) the protection of public health and safety;
p) the appropriate location of growth and development;
q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians;
r) the promotion of built form that,
(i) is well-designed,
(ii) encourages a sense of place, and
(iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant;
(s) the mitigation of greenhouse gas emissions and adaptation to a changing climate.
Provincial Policy Statement 2020 (“PPS”) and the Growth Plan
23Mr. Goldberg stated that the PPS and the Growth Plan direct municipalities to implement within their planning instruments the principles, goals and objectives expressed in these two important Provincial documents.
24Section 4.6 of the PPS indicates that “the official plan is the most important vehicle for implementation of the PPS.” Section 4.6 of the PPS also indicates that the “policies of this Provincial Policy Statement continue to apply after adoption and approval of an official plan.”
25Mr. Goldberg added that the most current direction of growth expressed in the PPS and the Growth Plan must be considered, notwithstanding there being an approved Official Plan in effect.
26Mr. Goldberg further added that official plan and zoning by-law documents are not static and evolve by way of amendment, and that each municipality must ensure that the official plan and zoning, and the related amendments are updated to be “consistent with” the PPS and “conform to” the Growth Plan.
The PPS (2020)
27Mr. Goldberg provided that the PPS 2020 replaces the PPS issued on April 30, 2014. The PPS 2020 provides an updated policy direction on matters of provincial interest related to land use planning and development. The PPS 2020 builds upon and strengthens the policies of the PPS 2014.
28The PPS provides a policy framework that promotes and encourages intensification in centres and in locations well served by municipal infrastructure.
29Mr. Goldberg opined that the revised development is consistent with this policy direction. The nature of this growth and the approvals in this area have been evolving by the City, and/or the Tribunal, approving site specific OPAs to the City OP, together with site specific ZBA applications. These approvals are supported by the current PPS which is generally reflected in the City’s adoption of OPA 615. Development of the subject site as a 16-storey mixed-use building, with street related retail will be an efficient use of land, with a more intense urban form that will cost-effectively and optimally utilize existing infrastructure and community facilities. The subject site is within convenient walking proximity to an existing surface transit and a planned subway station, where higher levels of height and densities are anticipated and expected by Provincial policy.
30Mr. Goldberg stated that the proposal increases the residential population in this part of North York in close proximity to planned higher order transit. This additional concentration of people contributes to maintaining and enhancing the vitality and vibrancy of Yonge Street as a potential place to live and work, it supports the shops and services, and contributes to the 24/7 pedestrian activity and presence. The commercial space will also create some opportunity for employment uses within this part of Yonge Street as well as enhancing the animation of the Yonge Street sidewalk frontage. All of this contributes to the vitality and success of this area. The proposal also contributes to the viability and usage of planned subway service and supports the significant public expenditures that create this expanded infrastructure and subway expansion.
31Mr. Goldberg further opined that the revised proposal supports and advances the PPS policy direction to optimize the use of the land, resources, and the existing and planned infrastructure. The proposed height contributes to the resulting density which is in the range of other approvals in the surrounding context. In my opinion the proposed OPA and ZBA are consistent with the PPS.
The Growth Plan (2020)
32The Growth Plan generally aims to, among other things, revitalize downtowns to become vibrant and convenient centers; create complete communities that offer more options for living, working, shopping and playing; provide greater choice in housing types to meet the needs of people at all stages of life; curb urban sprawl; protect farmland and green spaces; and reduce traffic gridlock by improving access to a greater range of transportation choices. Similar to the PPS, the Growth Plan encourages compact, vibrant complete communities, optimizing the use of land and infrastructure in order to support growth in a compact efficient form.
33The subject site is located within the area identified as “built-up area”, which encompasses the whole of the City of Toronto.
34Mr. Goldberg provided the opinion that the proposal implements the policies of the Growth Plan by:
The Growth Plan policies encourage intensification in appropriate locations. The site is located on Yonge Street and a portion of it is within an existing Mixed Use Areas designation, where high density mixed use developments are promoted and conventionally co-exist comfortably and compatibly with lower forms of development. This part of the City is also rich with nearby surface and a planned subway station and stops, available public services for health, education, recreation, employment and entertainment uses and activities.
From a population perspective, the use of the mixed-use subject site for residential purposes at the density proposed will contribute to population growth needs for the City and contributing to complete communities. The proposal is intended to better utilize and optimize the subject site with respect to public transit access.
Introducing a variety of housing units, the housing policies relating to providing a mix of housing options and densities are satisfied and advanced. This will achieve a more complete community, which will complement the existing mixed-use buildings in the area and will contribute to the evolution and maturation of this part of Yonge Street.
The subject OPA and ZBA applications increase the residential population in this part of the City that contributes to maintaining and enhancing the vitality and vibrancy of the Yonge Street area as a potential place to work, it supports shops and services, and contributes to the 24/7 pedestrian activity and presence. The commercial space will also create an opportunity for some employment uses and street animation within this part of the City. All of this contributes to the vitality and success of this area, all of which is within walking proximity to the proposed transit hub at Steeles and in close proximity to the existing transit hub at Finch.
35Mr. Goldberg further opined that the subject proposal is consistent with the policies of the PPS and conforms to the policies of the Growth Plan. The subject site is an appropriate and optimal location to accommodate the proposed mixed use form of residential and commercial intensification, subject to local planning considerations.
City of Toronto Official Plan (“City OP”)
36The City OP locates and designates the Yonge Street part of the subject site along an Avenues on Map 2 – Urban Structure, and the Yonge Street portion of the subject site is designated Mixed Use Areas on Map 16 – Land Use Plan. The proposal is to expand the Mixed Use Areas designation westerly to include the 11 and 15 Moore Park Avenue properties. Both the Avenues and Mixed Use Areas policy areas promote the type of high density, mixed use and transit-supportive development that is proposed.
Growth Management Policies – City OP
37Section 2 of the City OP contains the growth management policies, with Section 2.2 entitled Structuring Growth in the City: Integrating Land Use and Transportation.
38Mr. Goldberg provided that:
…generally, the growth areas are locations where good transit access can be provided along bus and streetcar routes and at rapid transit stations. Areas include downtown, the Waterfront, the Centres, the Avenues and the Employment Districts. A vibrant mix of residential and employment growth is seen for the Downtown and the Centres. The mixed use Avenues will emphasize residential growth, while the Employment Areas will focus on job intensification.
The growth areas are knitted together by the City’s transportation network, the viability of which is crucial to supporting the growing travel needs of residents and workers over the next 30 years. The key elements of the City’s transportation network are:
Subway, LRT, streetcar and bus lines;
The Go Transit rail network;
Expressways and major streets;
39Section 2.2(2) indicates that:
Growth shall be directed to the Centres, Avenues, Employment Districts and the Downtown to meet objectives that include:
Use municipal land, infrastructure and services efficiently;
Concentrate jobs and people in areas well served by surface transit and rapid transit stations;
Create assessment growth and contribute to the City’s fiscal health;
Promote mixed use development to increase opportunities for living close to work and to encourage walking and cycling for local trips;
Facilitate social interaction, public safety and cultural and economic activity;
Improve air quality, energy efficiency and reduce greenhouse gas emissions; and
Protect neighbourhoods, green spaces and natural heritage features and functions from the effects of nearby development.
40Mr. Goldberg opined the location and form of the proposed redevelopment supports these City OP objectives and conforms with the policies for growth in the City OP.
Avenues Policies – City OP
41Mr. Goldberg stated that the site is located along an Avenues identified as Urban Structure of the City OP.
42Section 2.2.3 provides:
The Avenues are important corridors along major streets where reurbanization is anticipated and encouraged to create new housing and job opportunities while improving the pedestrian environment, the look of the street, shopping opportunities and transit service for community residents. Such reurbanization is subject to the policies contained in this Plan, including in particular the neighbourhood protection policies.
43The Tribunal heard each Avenue is different in terms of lot sizes and configuration, street width, existing uses, neighbouring uses, transit service and streetscape potential. There is no “one size fits all” program for reurbanizing the Avenues. A framework for change will be tailored to the situation of each avenue through a local Avenue Study that will involve local residents, business and other stakeholders for each Avenue, or sections of longer Avenues.
44Each Avenue Study will contain a vision and an implementation plan to show:
How the streetscape and pedestrian environment can be improved;
Where trees should be planted; and
How use of the road allowance can be optimized and transit service enhanced.
45Mr. Goldberg stated that Policy 2.2.3(1) provides that the reurbanization of Avenues may be informed through the preparation of “Avenue studies” for particular segments of designated Avenues. An Avenue Segment Study was required and submitted as part of this application. Since 2011, the City has been undertaking the proposed Yonge Street North Planning Study (“YSNPS”). The study examined Yonge Street between Cummer/Drewry and Steeles Avenue, as well as some lands within the NYCSP, south of Cummer/Drewry Avenue. The YSNPS resulted in the City Council adoption of OPA 615 which will be discussed later in this Witness Statement.
Healthy Neighbourhood Policies – City OP
46The Tribunal heard that all of the site is proposed as Mixed Use Areas, which will border on Neighbourhoods designated lands until OPA 615 comes into effect. It is important to note that OPA 615 redesignates the existing adjacent Neighbourhoods to Mixed Use Areas as a means of promoting the transformation of that new Mixed Use Areas into an intensified lower form of housing when compared to the Yonge Street corridor; although a higher, more intense form of housing when compared to the existing Neighbourhoods policies.
47The Healthy Neighbourhoods section seeks to balance the City OP objective of advancing growth in specified areas of the City while protecting the stable residential Neighbourhoods from the effects of development.
48Policy 2.3.1(3) requires that developments in Mixed Use Areas that are adjacent or close to Neighbourhoods will:
be compatible with those Neighbourhoods;
provide a gradual transition of scale and density, as necessary to achieve the objectives of the Official Plan through the stepping down of buildings towards and setbacks from those Neighbourhoods;
maintain adequate light and privacy for residents in those Neighbourhoods;
orient and screen lighting and amenity areas so as to minimize impacts on adjacent land in those Neighbourhoods;
locate and screen service areas, any surface parking and access to underground and structured parking so as to minimize impacts on adjacent land in those Neighbourhoods, and enclose service and access areas where distancing and screening do not sufficiently mitigate visual, noise and odour impacts upon adjacent land in those Neighbourhoods; and
attenuate resulting traffic and parking impacts on adjacent neighbourhood streets so as not to significantly diminish the residential amenity of those Neighbourhoods.
49The Tribunal heard the proposal is aimed at accommodating growth in accordance with the City OP policies directing growth while at the same time, recognizing the adjacent Neighbourhoods, an area where the City OP seeks to protect the stability of this adjacent low rise residential area.
50Mr. Goldberg stated that the proposal and the built form located throughout the proposed amendment area seeks to implement the growth, compatibility, and transition policies of this section of the City OP.
51Mr. Goldberg opined that the mentioned policies are achieved through;
The proposed Neighbourhoods boundary as adopted in OPA 615 pushes the boundary of the Neighbourhoods designation west to Lariviere Road, approximately 160 m to the west. From the west side of Lariviere Road, a 45 degree angular plane is utilized to inform heights to the east towards Yonge Street and with a building height of 57.55 m (inclusive of mechanical penthouse) the subject proposal falls well beneath the 45 degree angular plane.
Proposed setbacks of the podium to Yonge Street and Moore Park Avenue satisfy City requirements and guidelines.
The proposed stepping above the podium of the tower component also satisfies the City’s design guidelines.
Traffic from the proposed development has been effectively managed to reduce impact on the adjacent Neighbourhoods area.
Mixed Use Areas Policies – City OP
52The Tribunal heard the Mixed Use Areas designation 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.
53The eastern portion of the subject site is already designated Mixed Use Areas and this is proposed to be expanded to include 11 and 15 Moore Park Avenue. This is also similar with the Mixed Use Areas designation adopted in OPA 615, which redesignates the Neighbourhoods lands to the west to Mixed Use Areas, extending westerly to Lariviere Road, approximately 160 metres to the west.
54Mr. Goldberg stated that the planned transit hub and subway station at Steeles Avenue, located in part on the Centerpoint Mall lands is in very close walking proximity to the subject lands. Mr. Goldberg opined that the scale of the proposed development at 7.07 FSI is appropriate in such a location.
55Mr. Goldberg further opined that the density should be contextual and arrived at following a comprehensive evaluation of good urban design, transportation and infrastructural considerations and has been achieved by the proposal.
Built Form – City OP
56Section 3.1.2 of the City OP provides the general Built Form policies of the City OP, providing direction concerning a number of objectives relating to site development and built form in the City.
57Mr. Goldberg stated upon his review of the City OP Built Form policies from a planning perspective, the proposal satisfies the Built Form policies of the City OP, as follows:
The proposal is well organized by the structural elements of the plan, including its size, and its regular configuration. The proposed building has been designed to fit within the existing and planned context for this site.
The structural elements have also given due regard to the potential redevelopment of lands not owned or controlled by the Applicant. This includes the lands owned or controlled by Tina Zografos and Grand Genesis to the south. The Applicant’s site has been appropriately designed from built form and vehicular access and circulation perspectives, having considered the potential developability of the lands owned by others.
No applications have been filed for either the Zografos or Grand Genesis lands. Nothing in the subject application prejudices the potential appropriate redevelopment and operations of those sites.
Mr. Goldberg stated that he is satisfied that the proposal has been thoughtfully and comprehensively reviewed having regard to the properties not owned or controlled by the Applicant, to justify the approval of the subject applications.
Mr. Goldberg opined that the public realm is appropriately dimensioned to enable the detailing of a high quality public realm, at subsequent stages of approval.
Mr. Goldberg stated that a combination of site organization and building considerations have been designed into the proposed, resulting in appropriate transitions from the higher, more intense forms of development toward the lower rise areas, including the adjacent Neighbourhoods.
The plan has had due regard to the light, view and privacy implications of on-site buildings and potential adjacent off-site buildings.
Indoor and outdoor amenity areas have been well located on rooftops and around the street frontages of the building to create recreational amenity for the residents of the proposal and to enable attractive streetscape and landscaped areas.
58The Tribunal heard that Section 3.1.3 of the City OP provides Built Form policies for tall buildings that provide built form principles to ensure that tall buildings fit within their existing and planned context and limit local impacts.
59Mr. Goldberg stated that the proposal supports the northerly extension of the general built form along the Yonge Street corridor. The Growth Plan prioritize Major Transit Station Areas as areas to focus significant growth and Major Transit Station Areas are defined as being within 500 – 800 m of a rapid transit station. The subject site is so located and therefore this OPA and ZBA represents an update to the City OP arising from Provincial land use policy.
60The Tribunal heard that the City has approved Tall Building Guidelines and the Mid-rise Guidelines as a tool to implement these Built Form policies of the City OP. In regards to the subject site, the proposed building is considered, a tall mid-rise building, which is a building vernacular not captured by the City OP policies nor the guideline documents for tall or mid-rise developments. Being characterized as a tall mid-rise captures elements of both built forms. In the circumstance, a contextually appropriate evaluation has taken place to arrive at support for this proposed built form.
61Mr. Goldberg opined that the proposal has been designed to appropriately strike a balance of accommodating a form, building mass, and density that compatibly fits within its existing and planned context and provides an appropriate separation between areas of different development intensity and scale. The proposed building will also maintain adequate light, view and privacy, and will not produce unacceptable or adverse shadow effects in their context. As such, the Built Form policies applicable to the subject proposal have been satisfactorily addressed.
62Mr. Goldberg further provided that City OP amendments provide for:
- OPA 479
revisions to the public realm policies, including the encouragement of complete and well-connected walkable communities, and the provision of a comfortable, attractive and vibrant, safe and accessible setting for civic life and daily social interaction.
- OPA 480
amended the built form policies, including by providing direction for new buildings to contribute to a pedestrian scale by providing a high quality of design on building floors adjacent to and visible from the public realm, and ensuring grade relationships that provide direct access and views into and from the public realm.
Mr. Goldberg opined the site design appropriately addresses the new policies in OPA 479 and 480.
Housing Policies – City OP
63The Tribunal heard that the City OP contains housing policies that encourage a full range of housing, in terms of form, tenure and affordability, across the City and within all types of neighbourhoods, as follows:
3.2.1.1 - A full range of housing, in terms of form, tenure and affordability, across the City and within neighbourhoods, will be provided and maintained to meet the current and future needs of residents.
3.2.1.2 - The existing stock of housing will be maintained and replenished. New housing supply will be encouraged through intensification and infill that is consistent with this Plan.
64Mr. Goldberg provided that the subject area currently includes a range of residential dwelling types. The internal portions of the neighbourhoods, beyond the Mixed Use Areas, are predominantly single detached dwellings whereas along Yonge Street, the fabric includes existing residential apartments, and newly approved and proposed residential apartments/condominiums of varying heights and densities.
65Mr. Goldberg further stated the subject proposal is a form of residential infill and intensification that would contribute to broadening the choice of housing type in this neighbourhood. This choice includes a suitable proportion of two- and three-bedroom units, including townhouse type units, suitable for accommodating families with children. This is more particularly set out in the City’s Growing Up Guideline document which is satisfied from a dwelling unit distribution perspective.
66The proposal increases the housing stock within the area providing a greater choice of housing opportunities in ownership tenure. This opportunity includes two-bedroom and three-bedroom unit options for families that choose to live in a central location close to existing and planned subway stations and other services. The subject proposal will also help to satisfy the life-cycle circumstances of existing and future residents in the City in general, and in this neighbourhood in particular, some of whom may wish to downsize yet stay within their neighbourhood.
Parks and Open Space Policies – City OP
67The Tribunal heard the City has requested a cash-in-lieu contribution. The Applicant has no objection with this.
The Official Plan Guides City Actions – City OP
68Section 5.3.1 of the City OP provides guidance on the criteria for OPA applications.
69Mr. Goldberg stated that the intent of the OPA application is to expand the Mixed Use Areas land use designation to include the western portion of the subject site. Its intent is to accommodate growth in an expanded Mixed Use Areas footprint, extending west of Yonge Street. He opined that the proposed OPA application conforms with the City’s plans and vision for the subject lands and the overall area and results in a compatible built form with its existing and planned context. The site’s proximity to the planned Steeles subway station and transit hub to the north, and the expansion of the Mixed Use Areas through OPA 615 is supported by both Provincial and City policy.
70Mr. Goldberg opined that the subject proposal implements and satisfies the applicable Growth Management, Mixed Use Areas, Housing, Built Form, Parks and Open Space, and Implementation provisions and policies of the City OP.
71The subject proposal conforms with the City OP.
OPA 615, JULY 2022
72The Tribunal heard OPA 615 was adopted by City Council at its meeting of July 19-22, 2022, as By-law No. 10162022, and subsequently appealed by numerous Parties, including the Applicant.
73The policies found within OPA 615 advance increased density and heights as part of the Vision set out in Section 1. Promotion of transit-supportive development and complete communities in the areas around the future transit stations is set out in Section 1. The establishment of Character Areas implements the general structure of the plan as set out in Section 2 – Area Structure.
74Policy 2.10 identifies the Yonge Main Street Area as the “primary midrise, mixed-use main street framing the Yonge Street Promenade of the Secondary Plan area. Development will have a mid-rise built form.” The Mid-Rise West area seeks to provide a built form and intensification level that provides transition in height and built form between the more intense uses in the Secondary Plan Area and lands designated Neighbourhoods, both within and outside of the Secondary Plan Area.
75The Built Form policies of Section 8 set out that “contextually appropriate mid-rise buildings” are to be provided in the Yonge Main Street and Mid-Rise West areas. This section sets out a number of built form policies relating to base building heights, angular planes, and at-grade uses, while also setting out specific character area built form policies.
76The Yonge Main Street policies set out that new development shall be mid-rise buildings which have heights generally no greater than the width of the adjacent right-of-way (8.28), provide a minimum of five hours of continuous sunlight on public boulevards (8.29), and create a pedestrian street wall condition of three to seven storeys (8.30).
77Mr. Goldberg provided that the Mixed Use Areas designation encompasses the entirety of the site. The 16-storey tall-mid-rise built form generally conforms with the vision and intent of OPA 615. The building includes a tall mid-rise form, with a podium height, setbacks, angular planes, at-grade uses and transition to the west and from Yonge Street.
78Mr. Goldberg opined that the proposed development generally conforms with the vision as set out in OPA 615.
SUMMARY OPINION
79Mr. Goldberg stated that the proposed redevelopment of the subject site seeks to avoid underutilizing the subject site. The subject site is part of an existing and emerging corridor and area, where similar heights and densities are directed, contemplated, and approved.
80Mr. Goldberg’s concluding opinion provides that the proposed OPA and ZBA applications are premised on sound and reasonable planning analysis and represent a good planning solution and are in the public interest.
81Further, he recommends that the OPA and ZBA applications be approved by the Tribunal, in principal, and its Final Order withheld, subject to satisfying the conditions set out in the City Council resolution of May 10 – 13, 2023.
FINDINGS
82The Tribunal accepts the uncontroverted evidence of Mr. Goldberg in support of the settlement proposal.
83The Tribunal finds that the Settlement Proposal will fit harmoniously with the existing and planned built form context and will enhance the area by intensifying a site which is well served with municipal infrastructure.
84The 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, while incorporating and providing a range of unit size and number of bedrooms.
85The Tribunal finds that the Settlement Proposal is consistent with the PPS 2020, conforms with the policies of the Growth Plan and the City OP.
INTERIM ORDER
86THESE MATTERS having come for a public settlement hearing before the Tribunal on June 14, 2023;
87AND THE TRIBUNAL having issued its Oral Decision on June 14, 2023, which allowed the appeals in part and approved the development proposal for the properties known municipally in the City of Toronto as 6200 Yonge Street and 11 and 15 Moore Park Avenue;
88NOW THEREFORE THE TRIBUNAL ORDERS in accordance with the Oral Decision, that:
The Tribunal grants, in part, the appeal of the application for Official Plan Amendment made by the Appellant and approves, in principle, the Official Plan Amendment attached as Attachment “1” hereto, but withholds its final Order amending the City of Toronto Official Plan subject to the satisfaction of the matters set out in subparagraph 3 below.
The Tribunal grants, in part, the appeal of the application for Zoning By-law Amendment made by the Appellant and approves, in principle, the Zoning By-law Amendment attached as Attachment “2” hereto, but withholds its final Order amending the City-wide Zoning By-law No. 569-2013 subject to the satisfaction of the matters set out in subparagraph 3 below.
The Tribunal’s final Order amending the City of Toronto Official Plan and Zoning By-law No. 569-2013 to permit the development is withheld until the Tribunal has been advised in writing by the City Solicitor that the outstanding matters, listed below, have been completed:
a. The final form and content of the draft Official Plan and Zoning By-law Amendments are satisfactory to the City Solicitor, and the Chief Planner and Executive Director, City Planning Division;
b. The Appellant has provided a further wind study using computational fluid dynamics for the proposed development in accordance with the City's terms of reference for wind studies to the satisfaction of the Chief Planner and Executive Director, City Planning;
c. The Appellant has provided a Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water; and
d. The Appellant at its sole expense has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, including the Foundation Drainage Report, 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.
With respect to the site plan appeal, this appeal shall be adjourned sine die to allow the City and the Appellant to finalize the approval conditions for site plan approval and to provide them to the Tribunal.
The 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 for the Official Plan Amendment and Zoning By-law or the finalization of the approval conditions for site plan approval.
“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
ATTACHMENT 2