BJL Parliament Corp. v. Toronto (City), 2024 CanLII 102757

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 18, 2024

CASE NO.: OLT-22-004639

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

Applicant and Appellant: BJL Parliament Corp.

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

Description: To permit a 44-storey mixed-use building

Reference Number: 21 235796 STE 13 OZ

Property Address: 130 & 134 Parliament Street and 529 Richmond Street East

Municipality/UT: City of Toronto

OLT Case No.: OLT-22-004639

OLT Lead Case No.: OLT-22-004639

OLT Case Name: BJL Parliament Corp. v. Toronto (City)

BEFORE:

F. Lavoie MEMBER

Wednesday the 16^th day of October, 2024

THIS MATTER/THESE MATTERS, in respect of the lands at 130 - 134 Parliament Street and 529 Richmond Street East in the City of Toronto, having come for a public hearing on May 28, 2024 before the Ontario Land Tribunal (the “Tribunal”) and the Tribunal having issued a Decision on June 4, 2024; and

THE TRIBUNAL having been advised by the Parties on July 31, 2024 that a full uncontested settlement had been reached, on consent;

AND THE TRIBUNAL, having conducted a settlement hearing, in writing, on September 10, 2024;

AND THE TRIBUNAL having read the materials filed, on consent of the Parties, including the sworn affidavit of Courtney Heron-Monk, MCIP, RPP, qualified to give opinion evidence in the area of land use planning and the draft version of the Zoning By-Law Amendment attached as Attachment 1 to this Interim Order;

AND THE TRIBUNAL having reviewed and accepted the uncontradicted land use planning opinion evidence of Ms. Heron-Monk, is satisfied the settlement proposal facilitates the redevelopment of an underutilized site to a 46-storey mixed-use building, comprised of a 41-storeys tower and 4-5 storeys podium, in an intensification area well-served by existing frequent transit and planned higher-order transit. The settlement proposal revised the original proposal by increasing the units provided from 327 to 419, expanding the site area from 943 square metres to 1282 square metres, increasing the indoor and outdoor amenity space, and modifying the height, massing, and streetscape design. The tower element is appropriately set back from neighbouring properties to achieve a 20 metres separation distance to planned and existing towers to the west and south, respectively;

AND THE TRIBUNAL having found on the basis of the foregoing, that the Zoning By-Law Amendment has regard for matters of Provincial Interest as set out in s. 2 of the Planning Act, is consistent with the Provincial Policy Statement, 2020, conforms with the Growth Plan for the Greater Golden Horseshoe, 2019, the City Official Plan, the Downtown Secondary Plan, and the King-Parliament Secondary Plan, and has appropriate regard for the relevant urban design guidelines.

NOW THEREFORE

THE TRIBUNAL MAKES THE FOLLOWING INTERIM ORDER:

1. The appeal of BJL Parliament Corp. pursuant to subsection 34(11) of the Planning Act is allowed in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph 4 below, and

2. The proposed development of the lands known municipally as 126, 128, 130 and 134 Parliament Street and 529 Richmond Street East, and a portion of lands currently owned by the City of Toronto and known as Worts Lane, is approved, in principle and generally in accordance with architectural plans prepared by architects Alliance, dated March 12, 2024, attached as Exhibit H to the Affidavit of Courtney Heron Monk;

3. The site specific Zoning By-law Amendment to the City of Toronto By-law 569-2013, attached found as Attachment 1 to this Interim Order, is approved in principle; and

4. The Final Order of the Tribunal is withheld, in this matter upon the following conditions being addressed by the parties:

(a) The Tribunal has received, and approved, the final form of the Zoning By-law Amendment, confirmed to be in a form and content satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; and

(b) the Owner has, at its sole cost and expense:

i. resubmitted the Functional Servicing and Stormwater Management Report and Hydrogeological Report, which includes confirmation of water, sanitary, and stormwater capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment;

ii. entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades and road improvements are required to support the development, according to the Functional Servicing and Stormwater Management Report and Hydrogeological Report, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

iii. submitted a revised Transportation Impact Study or addendum, including streetscape and curb extension provisions and resolved matters related to road widenings, lane widenings and conveyances acceptable to, and to the satisfaction of, the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services and that such matters arising from such study, be secured if required;

iv. submitted a revised Landscape Plan (with a public utility plan underlay in an updated soil volume plan) acceptable and satisfactory to the General Manager, Parks, Forestry and Recreation;

v. submitted an Archeological Assessment to the satisfaction of the Chief Planner and Executive Director, City Planning;

vi. submitted a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, with any required wind mitigation measures to be secured through the Site Plan approval process;

vii. resolved its appeals of the King Parliament Secondary Plan (OPA 525) Ontario Land Tribunal Files OLT-21-001024 and OLT-21-001041, respectively (lead Case File OLT-21-001024) in accordance with the May 8, 2023 Ontario Land Tribunal Order to the satisfaction of the City Solicitor;

viii. has applied to Transportation Services and obtained City Council's approval on the closure and purchase of the City-owned lands included as part of the Development Site and entered into and finalized any appropriate agreements with the City to purchase City-owned lands to the satisfaction of the City Solicitor;

ix. provided confirmation that the development will be constructed and maintained the development in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the Site Plan Control application;

x. has secured an acceptable Tenant Relocation and Assistance Plan in accordance with Official Plan Policy 3.2.1.12 for tenants of the existing rental dwelling units proposed to be demolished, addressing financial compensation and other assistance to lessen hardship, and the Tenant Relocation and Assistance Plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and implemented prior to the issuance of Notice of Approval Conditions for Site Plan Control approval; and

xi. has provided an undertaking or agreement to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the Tenant Relocation and Assistance Plan as required in Part b.x. above.

5. The Panel Member will remain seized for the purposes of reviewing and approving the final drafts of the Zoning By-Law Amendment and the issuance of the Final Order.

6. If the Parties do not submit the final draft of the Zoning By-Law Amendment and provide confirmation that all other contingent pre-requisites to the issuance of the Final Order set out in paragraph 4 above have been satisfied, and do not request the issuance of the Final Order, by April 18, 2025, the Parties shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the draft Zoning By-Law Amendment and issuance of the Final Order by the Tribunal.

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

Ontario Land Tribunal

Website: 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

Authority: Ontario Land Tribunal Decision issued on June 4, 2024 and Order issued October 18, 2024 in File OLT-22-004639

CITY OF TORONTO

BY-LAW XXXX(2024)(OLT)

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2023 as 126, 128, 130 and 134 Parliament Street and 529 Richmond Street East and a Portion of Worts Lane.

Whereas the Ontario Land Tribunal pursuant to its decision issued on [date] and Order issued on [date] in File OLT-22-004639 after hearing the appeal under Section 34(11) of the Planning Act, R.S.O. c. P.13, as amended, deems it advisable to amend the Zoning By-law for the City of Toronto, being By-law 569-2013; and

Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, as amended, to pass this By-law; and

Whereas pursuant to Section 39 of the Planning Act, as amended, the council of a municipality may, in a by-law passed under Section 34 of the Planning Act, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited in the By-law;

The Ontario Land Tribunal 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 outlined by heavy black lines to CR SS1 (xXXXX) 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 (xXXXX) so that it reads:

(xXXXX) Exception CR SS1 (xXXXX)

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

Site Specific Provisions:

(A) On 126, 128, 130 and 134 Parliament Street and 529 Richmond Street East and a Portion of Worts Lane, 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 (W) below:

(B) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 82.95 metres and elevation of the highest point of the building or structure;

(C) Despite Regulation 40.10.40.10(1), the permitted maximum height of a building or structure, including mechanical penthouse, is the number following the HT symbol in metres as shown on Diagram 3 of By-law [Clerks to supply By-law ##];

(D) Despite Regulations 40.5.40.10(3) to (8) and (C) above, the following equipment and structures may project beyond the permitted maximum height of a building:

(i) guardrails, railings, bollards, balustrades, eaves, roof drainage, balcony and terrace guards, fences, skylights, planters, cornices, seating areas, retaining walls, balcony and terrace dividers, decorative/acoustic/privacy doors and screens, wheelchair ramps and ramps to underground, solar panels and equipment, ornamental elements, landscape elements, which may project a maximum of 3.0 metres above maximum permitted heights shown on Diagram 3 of this By-law;

(ii) structures used for pergolas, architectural features, trellises, awnings and canopies, elements of a green roof, which may project a maximum of 4.0 metres above maximum permitted heights shown on Diagram 3 of this Bylaw;

(iii) stairs and stair enclosures, wind mitigation, elevator overruns, lighting rods, ventilation or cooling equipment, chimney stacks, flutes, vents, air intakes, antennas, satellite dishes, and cellular arrays, window washing equipment, which may project a maximum of 6.0 metres above maximum permitted heights shown on Diagram 3 of this By-law;

(iv) mechanical equipment, enclosures of mechanical equipment, parapets, which may project a maximum of 7.5 metres above maximum permitted heights shown on Diagram 3 of this By-law;

(E) 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 3.5 metres, and:

(i) for the purpose of this exception, a mezzanine and a mechanical penthouse do not constitute a storey;

(F) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area is 26,100 square metres, of which:

(i) the permitted maximum gross floor area for residential uses is 25,700 square metres;

(ii) the permitted maximum gross floor area for non-residential uses is 400 square metres;

(G) Despite Regulation 40.10.40.1(1), residential use portions of a building may be located below or on the same storey as non-residential use portions of a building;

(H) The provision of dwelling units is subject to the following:

(i) A minimum of 15 percent of the total number of dwelling units must have two or more bedrooms;

(ii) A minimum of 10 percent of the total number of dwelling units must have three or more bedrooms;

(iii) A minimum additional 15 percent of the total number of dwelling units that can be converted to two or three bedroom dwelling units through the use of accessible or adaptive design measures;

(iv) Any dwelling units with three or more bedrooms provided to satisfy (H)(ii) above are not included in the provision required by (H)(i) above;

(v) Any dwelling units with two or three bedrooms provided to satisfy (H)(iii) above are not included in the provision required by (H)(i) and (H)(ii) above;

(I) Despite Regulation 40.10.40.50(1) and (2), a building with 20 or more dwelling units must provide amenity space at the following rate:

(i) at least 1.95 square metres for each dwelling unit as indoor amenity space; and

(ii) at least 1.18 square metres of outdoor amenity space for each dwelling unit of which 40 square metres must be in a location adjoining or directly accessible to the indoor amenity space;

(J) Despite Regulation 40.10.40.1(1), amenity space is permitted on the same storey as non-residential uses;

(K) Despite Regulation 40.10.40.70(1), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to supply By-law ##];

(L) Despite Clause 40.10.40.60 and (J) above, the following elements may encroach into the required minimum building setbacks and separation distances as follows:

(i) cornices, lighting fixtures, awnings, ornamental elements, commercial signage, parapets, eaves, guardrails, balustrades, railings, vents, fences, screens, landscaping, planter boxes, intake and exhaust vents may encroach up to a maximum of 1.5 metres;

(ii) wind mitigation features including canopies and awnings may encroach up to a maximum of 4.0 metres;

(M) Despite Regulation 40.10.40.80(1)(A), where a main wall of the building has windows and a line projected at a right angle from one of these main walls intercepts another main wall with windows on the same lot, no minimum above-ground distance between the main walls is required;

(N) Despite Regulation 4.10.90.1(2), one Type “G” loading space is required;

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

(i) a maximum of 0.25 residential occupant parking spaces for each dwelling unit;

(ii) 0 residential visitor parking spaces are required for each dwelling unit; and

(iii) 0 parking spaces are required for non-residential uses;

(P) Despite Regulations 200.5.1.10(2)(A), (D) and (3), a parking space that is obstructed on one side may have a width of 2.6 metres;

(Q) Despite Regulation 200.15.1(4)(C), accessible parking spaces must be located on the same level as a barrier free elevator that provides access to the first storey of the building;

(R) Despite Regulation 200.5.1.10(12)(B), the vehicle entrance or exit for a one-way driveway into or out of the building may have a minimum width of less than 3.5 metes;

(S) Despite Regulation 200.5.1.10(13), access to parking spaces in the building may be provided by vehicle elevators;

(T) Despite Regulations 230.5.10.1(1)(3) and (5) and Table 230.5.10.1(1), bicycle parking spaces must be provided in accordance with the following minimum rates:

(i) 0.9 "long-term" bicycle parking spaces for each dwelling unit;

(ii) 0.1 "short-term bicycle parking spaces for each dwelling unit;

(iii) 0 bicycle parking spaces are required for non-residential uses;

(U) Despite Regulations 230.5.1.10(4)(A) and 230.5.1.10(10), both “long-term” and “short-term” bicycle parking spaces may be located in a stacked bicycle parking space arrangement, and in any combination of vertical, horizontal or stacked positions;

(V) Despite Regulation 230.5.1.10(4)(A)(ii), the minimum width of a bicycle parking space is 0.4 metres;

(W) None of the provisions of this Exception CR (xXXXX) or By-law 569-2013 shall apply to prevent a sales office used for the sale or leasing of dwelling units on the lot.

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

5. Despite any severance, partition or division of the lands, the provisions of this By-law shall apply as if no severance, partition or division occurred;

6. Temporary Use(s):

None of the provisions of Zoning By-law as amended, or this By-law apply to prevent the erection and use of a temporary leasing or construction office, which is a temporary building or structure, facility, or trailer or portion thereof exclusively for the purpose of marketing or leasing of a dwelling unit on the lot for a period of 3 years.

Pursuant to Ontario Land Tribunal Decision issued on June 4, 2024 and Ontario Land Tribunal Order issued on October 18, 2024 in Tribunal File OLT-22-004639