Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
November 28, 2024
CASE NO.:
OLT-23-000649
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant:
The R. W. Bloor Street Development Corporation
Subject:
Request to amend the Official Plan – Refusal of request
Description:
To permit a 94-storey mixed-use building
Reference Number:
23 120557 STE 11 OZ
Property Address:
15 - 19 Bloor Street W
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-23-000649
OLT Lead Case No:
OLT-23-000649
OLT Case Name:
The R.W. Bloor Street Development Corporation v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant:
The R. W. Bloor Street Development Corporation
Subject:
Application to amend the Zoning By-law – Refusal of application
Description:
To permit a 94-storey mixed-use building
Reference Number:
23 120557 STE 11 OZ
Property Address:
15 - 19 Bloor Street W
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-23-000650
OLT Lead Case No:
OLT-23-000649
Heard:
November 1, 2024, in writing
APPEARANCES:
Parties
Counsel
The R. W. Bloor Street Development Corporation (“Applicant/Appelant”)
Joe Hoffman David Bronskill
Mizrahi Development Group (The One) Inc.
Jessica Jakubowski Mary Ellen Bench
Toronto Standard Condominium Corporation No. 2208
Robert Miller Grace O’Brien
City of Toronto
Michelle LaFortune Jessica Braun
ABC Residents Association
Andrew Biggart
Alvarez & Marsal Canada Inc.
Aaron Platt Brendan Ruddick
decision DELIVERED BY l.p. you AND sHARYN VINCENT ON nOVEMBER 1, 2024 AND interim ORDER OF THE TRIBUNAL
1This appeal arises from The R.W. Bloor Street Development Corporation (“Appellant”) against the City of Toronto (the “City”) regarding the City’s refusal to make a decision with respect to applications to amend the City’s Official Plan and Zoning By-law to permit a redevelopment of the lands municipally known as 15-19 Bloor Street West (“Subject Lands”). These applications would facilitate the development of a 94-storey mixed-use building on the Subject Lands.
2The Tribunal had been advised by the Appellant on October 29, 2024, that a full settlement had been reached between the Parties, who have, as a result, jointly tendered affidavit evidence and amending instruments for the consideration of, and approval by the Tribunal.
CONTEXT
3The development as herein approved incorporates two properties, located immediately bordered by Bloor Street West to the north, Balmuto Street to the west, and by a public laneway (known as Lane South Bloor East Balmuto) to the south. The Subject Lands are located in the City’s neighbourhood known as Bay-Cloverhill (No. 169) and have access to diverse community amenities and facilities as described in the section of “General Context” of Mr. Ferancik’s Affidavit.
4The proposed settlement offer endorsed by the City Council reflected the built-form and massing design reached through the mediation process among the Parties. The changes to the original proposal are detailed as follows:
Proposal/statistics
Original Proposal (March 2023)
Settlement Proposal (March 2024)
Total Gross Floor Area (m2)
76,787
74,842
Residential Gross Floor Area (m2)
78,495
74,052
Non-residential Gross Floor Area (m2)
272
791
FSI(Net)
61.6
59.65
Building Height (Storeys)
94
99
Studio units (% of overall)
84 (7%)
297 (23%)
One-bedroom Units (% of overall)
593 (48%)
663 (51%)
Two-bedroom Units (% of overall)
459 (36%)
201 (16%)
Three-bedroom Units (% of overall)
126 (10%)
129 (10%)
Total Residential Units
1,262
1,290
Vehicle Parking Spaces
70
78
Bicycle Parking Spaces
1,262
1,290
EVIDENCE
5The Tribunal is in receipt of the uncontested opinion evidence contained in the sworn Affidavit from Andrew Ferancik, dated October 29, 2024 (marked as “Exhibit 1”).
6The Tribunal recognised Mr. Ferancik, a registered Professional Planner and full member of the Canadian Institute of Planners and Ontario Professional Planners Institute with over 20 years of professional land use planning experience, being qualified to assist the Tribunal with opinion evidence in the area of land use planning.
7The settlement proposal provides for a built form of intensification that will improve the supply of a range of housing, reduce car dependency, expand and enhance the public realm with a Privately Owned Public Space (“POPS”) area, and enhance the use of the transit and other area infrastructure, as well as active transportation.
8The Tribunal, having reviewed and considered all the filed materials and uncontested expert evidence from Mr. Ferancik, is hereby satisfied and accepts the opinions of Mr. Ferancik that the revised proposal has appropriate regard for the relevant matters of provincial interest as set out in s. 2 of the Planning Act, R.S.O. 1990, c.P.13, as amended, is consistent with the Provincial Policy Statement, 2024, conforms to the City Official Plan, represents good planning and is in public interest.
ORDER
9THE TRIBUNAL ORDERS that:
the appeals are allowed in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in below, and the Official Plan Amendment and Zoning By-law Amendment set out in Attachments 1 and 2 to this Interim Order, are hereby approved in principle.
The Tribunal will withhold the issuance of its Final Order contingent upon confirmation of the City Solicitor, of the following matters:
a. the final form and content of the Official Plan Amendment and Zoning By-law Amendment are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;
b. the owner has revised the Functional Servicing and Stormwater Management Report, Hydrogeological Report, Hydrological Review Summary, and Groundwater Summary to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
c. all comments from Engineering and Construction Services contained in their April 21, 2023 memorandum are addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
d. the owner has made satisfactory arrangements for the construction of any improvements to the municipal infrastructure in connection with the Functional Servicing and Stormwater Management Report, to be resubmitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development; and
e. the owner has submitted a revised shadow study and pedestrian wind study, including the identification of any required wind mitigation measures to be secured in the Zoning By-law Amendment and through the site plan control process, to the satisfaction of the Chief Planner and Executive Director, City Planning
10The Panel Member will remain seized for the purposes of reviewing and approving the final draft of the Official Plan Amendment and Zoning By-Law Amendment and the issuance of the Final Order.
11The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadline for the submission of the final form of the instruments, the satisfaction of the contingent prerequisites and the issuance of the Final Order.
“L.P. You”
L.P. YOU
MEMBER
“Sharyn Vincent”
SHARYN VINCENT
VICE-CHAIR
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.
ATTACHMENT 1
ATTACHMENT 2