Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 03, 2024
CASE NO(S).: OLT-22-004800
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: The Canada Life Assurance Company
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit development of a 35-storey addition the existing 16-storey mixed-use building containing office uses and retail at street level.
Reference Number: 22 166819 STE OZ and 22 200875 STE 10 SA
Property Address: 200 University Avenue
Municipality: City of Toronto
OLT Case No.: OLT-22-004800
OLT Lead Case No.: OLT-22-004800
OLT Case Name: The Canada Life Assurance Company 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: The Canada Life Assurance Company
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit development of a 35-storey addition the existing 16-storey mixed-use building containing office uses and retail at street level.
Reference Number: 22 166819 STE OZ and 22 200875 STE 10 SA
Property Address: 200 University Avenue
Municipality: City of Toronto
OLT Case No.: OLT-22-004801
OLT Lead Case No.: OLT-22-004800
OLT Case Name: The Canada Life Assurance Company v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, C. 11, Sched A.
Applicant and Appellant: The Canada Life Assurance Company
Subject: Site Plan – Failure to make a decision
Description: To permit development of a 35-storey addition the existing 16-storey mixed-use building containing office uses and retail at street level.
Reference Number: 22 166819 STE OZ and 22 200875 STE 10 SA
Property Address: 200 University Avenue
Municipality: City of Toronto
OLT Case No.: OLT-22-004802
OLT Lead Case No.: OLT-22-004800
OLT Case Name: The Canada Life Assurance Company v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 33(9) of the Ontario Heritage Act, R.S.O. 1990, c. O.18.
Applicant/Appellant: The Canada Life Assurance Company
Subject: Refusal of Heritage Alteration
Description: To permit development of a 35-storey addition the existing 16-storey mixed-use building containing office uses and retail at street level.
Reference Number: 22 166819 STE 10 OZ and 22 200875 STE 10 SA
Property Address: 200 University Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-001329
OLT Lead Case No: OLT-22-004800
OLT Case Name: The Canada Life Assurance Company v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18.
Applicant/Appellant: The Canada Life Assurance Company
Subject: Refusal of Demolition Permit
Description: To permit development of a 35-storey addition the existing 16-storey mixed-use building containing office uses and retail at street level.
Reference Number: 22 166819 STE 10 OZ and 22 200875 STE 10 SA
Property Address: 200 University Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-001330
OLT Lead Case No: OLT-22-004800
Heard: November 13, 2024 by video hearing
APPEARANCES:
Parties
Counsel
The Canada Life Assurance Company
Jason Park Adrian Frank
City of Toronto
Matthew Longo Uttra Gautam
St. Michael’s Hospital
Daniel Angelucci Michael Foderick (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY J. Innis ON November 13, 2024 AND interim ORDER OF THE TRIBUNAL
INTRODUCTION
1This appeal by The Canada Life Assurance Company (“Applicant”) arises pursuant to s. 22 (7) and s. 34 (11) of the Planning Act (“Act”), and s. 114 (15) of the City of Toronto Act for failure by the City of Toronto to make a decision regarding Applications for an Official Plan Amendment, Zoning By-law Amendment and Site Plan Approval for lands known municipally, as 200 University Avenue (“Subject Property”). Further, two additional appeals were consolidated by the Tribunal regarding the Subject Property, pursuant to s. 33 (9) of the Ontario Heritage Act (“OHA”) for the City’s refusal of an application for alternations and pursuit to s. 34.1 (1) of the OHA for the City’s refusal of a demolition permit.
2The Applications would facilitate a mixed-use development through the construction of an additional 35-storeys, comprised of 478 residential units atop an existing 16-storey building with office and retail uses.
3The Parties, on consent, requested that the Site Plan appeal pursuant to s. 114 (15) of the City of Toronto Act (OLT Case File No. OLT-22-004802) be adjourned sine die, so that they may continue their efforts towards a resolution. The Tribunal finds this acceptable.
4From December 2023 to July 2024, the Parties worked diligently towards a resolution, and this resulted in the City Council ‘s adoption of a revised application that included an updated approach to heritage conservation matters in respect to the two additional appeals pursuant to ss. 33 (9) and 34.1 (1) of the OHA (OLT Case File No. OLT-23-001329) for the Subject Property. This revised approach included a detailed list of conditions for heritage preservation, which would allow the City to process the heritage applications concurrently with the development approvals. As such, the Parties requested that the Tribunal accept the retroactively dated withdraw of the heritage related appeals. Given the diligent efforts of the Parties to resolve the matters pertaining to heritage and the conditions agreed upon between the Parties, the Tribunal accepts the request and deems OLT Case File No. OLT-23-001329 to be withdrawn, effective July 23, 2024.
5Disposition of the matter has come before the Tribunal as a settlement for the Tribunal’s consideration. For clarity, the only remaining matters before the Tribunal are the appeals pursuant to ss. 22 (7) and 34 (11) of the Act. The Tribunal confirms that it has received, reviewed and considered the following materials and submissions:
i. the uncontested opinion evidence of Antonio Volpentesta, a full member of the Canadian Institute of Planners and the Ontario Professional Planning Institute, contained in his comprehensive affidavit sworn November 8, 2024 (marked as Exhibit 1);
ii. a Participant Statement filed with the Tribunal by Gary Lee; and
iii. the Parties’ oral/written submissions in support of the settlement.
6The settlement proposal is for a mixed-use development that includes the entire retention of the existing 16-story heritage designated building on the Subject Property, with a 37-storey addition above. That would be a total of 53-storeys and would contain 49,159 square metres (“m2”) of Gross Floor Area (“GFA”), resulting in a floor space index that is approximately 28 times the area of the lot. Of the GFA, 101 m2 will be comprised of non-residential and located at ground level, with the remainder consisting of residential space. Level 1 would contain retail uses along the University Avenue and Richmond Street frontages, a residential lobby and waste storage/collection rooms. Levels 2 and 3 would be comprised of dwelling units.
7The proposed settlement addresses key issues identified by the Parties during mediation and include aspects of the built form, including massing, office replacement, access and loading, heritage preservation, the new flight path for St. Michael’s Hospital, and future connections to the PATH (an enclosed connected pedestrian walkway), through the following:
The existing office GFA has been eliminated and will be replaced with a minimum of 20 affordable rental dwelling units, with a 40-year affordability period in which the initial and turnover rents charged during the affordability period will meet the City’s current definitions for affordable rents. The total GFA for the affordable units will be comprised of no less than 2,020 m2 and no less than 15% of the converted office space, with a mix of 12 one-bedroom units, six two-bedroom units, and two three-bedroom units. These affordable units are proposed to be provided through the City’s Open Door Program and would be eligible for benefits through this program.
A total of 67 vehicle parking spaces and 697 bicycle parking spaces are proposed. The existing four-level underground garage will remain, with its access from the southwest corner of the Subject Property. Access to loading and parking is proposed from two accesses on the west side of the building from Simcoe Street.
There is a proposed total of 2.61 m2 per unit of indoor amenity space and 0.46 m2 per unit of outdoor amenity space.
Regarding Built Form, the proposal has eliminated the pavilion building along University Avenue; the overall height has been increased from 51 to 53 storeys; the northern tower setbacks on levels 46 to 53 to ensure the proposed building is not within the flight path as set out in Minister’s Zoning Order O. Reg. 10/24; Refinements to the massing and materiality of the upper element have been determined for the proposed building in consultation with City Heritage Preservations Services staff; as requested by City staff, the exterior wall of the northwest corner of the ground floor has been shifted to align the appearance of the structure with the northeast corner.
Private garbage collection is being proposed in order to provide a functional loading space within the existing heritage building.
Proposal includes a knock-out panel for future PATH connections.
The Applicant has agreed to continue discussions surrounding Community Benefit Charges in an effort to deliver additional affordable housing units as an in-kind contribution prior to the issuance of a building permit.
Decision and order
8The Tribunal understands that the aforementioned sworn affidavit evidence of Mr. Volpentesta reflects revisions to the Applications before the Tribunal that were reached through the cooperative efforts of the Parties.
9The Tribunal accepts the opinion evidence of Mr. Volpentesta, as presented in his affidavit and similarly finds that the subject applications, as revised, have regard to those applicable matters of provincial interest found in s. 2 of the Act, are consistent with the 2024 Provincial Planning Statement, conforms to the City of Toronto Official Plan, as well has appropriate regard for relevant guidelines including the Tall Building Guidelines, the Pet Friendly Guidelines and the Growing up Guidelines, and otherwise reflects principles of good land use planning.
10THE TRIBUNAL ORDERS THAT:
The appeals for the Official Plan Amendment and the Zoning By-law Amendment, are allowed in part, on an interim basis, contingent upon confirmation and satisfaction of those prerequisite matters identified in paragraph 2 below, and the Official Plan Amendment and Zoning By-law Amendment set out in Attachment 1 and Attachment 2, to this interim order, are hereby approved in principle, in accordance with the revised plans and drawings prepared by KPMB Architects, dated May 21, 2024, in Attachment 3 below.
The Tribunal will withhold the issuance of its Final Order contingent upon confirmation from the City of Toronto of the following matters:
a. the Tribunal has received, and approved, the final form and content of the draft Official Plan Amendment and draft Zoning By-law Amendment, confirmed to be to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;
b. the Tribunal is advised that the owner has addressed outstanding issues in relation to site servicing and has submitted revised Functional Servicing, Stormwater Management and Hydrogeological Reports providing confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and entered into and registered a financially secured agreement satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services to construct, provide, make operational, and warrant any necessary upgrades to existing services and facilities or new services and facilities;
c. the Tribunal is advised that the owner has addressed outstanding issues in relation to the requirements of Transportation Services and Solid Waste Management as set out in the memo from Development Engineering to City Planning dated October 4, 2022, to the satisfaction of Transportation Services and Solid Waste Management Services;
d. the Tribunal is advised that the owner has addressed outstanding issues in relation to requirements of Transportation Planning with respect to a PATH connection within the development, to the satisfaction of the Chief Planner and Executive Director, City Planning;
e. the Tribunal is advised that the owner has addressed outstanding issues in relation to the Toronto Transit Commission's Line 1 Yonge-University Subway, as set out in the Toronto Transit Commission memorandum dated August 4, 2022, to the satisfaction of the Toronto Transit Commission;
f. the Tribunal is advised that the owner has confirmed that no portion of the building and no temporary construction equipment or maintenance equipment for the building will extend into the Flight Obstacle Limitation Surface for St. Michael's Hospital, as set out in Ontario Regulation 10/2024 "Zoning Order - Protection of Public Health and Safety - Toronto Hospital Heliports", to the satisfaction of the Chief Planner and Executive Director, City Planning;
g. the Tribunal is advised that the owner has submitted a detailed Conservation Plan prepared by a qualified heritage consultant, to the satisfaction of the Senior Manager, Heritage Planning;
h. the Tribunal is advised that the owner and the City have entered into a Heritage Easement Agreement for the property at 200 University Avenue, to the satisfaction of the Senior Manager, Heritage Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor;
i. the Tribunal is advised that the owner has agreed, as a condition of site plan approval, that the owner prepare and thereafter implement a Heritage Lighting Plan, a Signage Plan and an Interpretation Plan, and that the owner provide a letter of credit to secure all work included in the approved Conservation Plan, approved Interpretation Plan and approved Lighting Plan, including a provision for upwards indexing, all to the satisfaction of the Senior Manager, Heritage Planning;
j. the Tribunal is advised that the owner has entered into, and registered on title to the site, one or more agreement(s) with the City to secure the Affordable Rental Housing Units on the terms set out in Confidential Appendix A to the report (July 10, 2024, made public on July 30, 2024), from the City Solicitor to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor;
k. the Tribunal is advised that the owner has registered a s.118 restriction under the Land Titles Act, to the satisfaction of the City Solicitor, agreeing not to transfer or charge the Affordable Rental Housing Units, without the written consent of the Chief Planner and Executive Director, City Planning, or designate, to assist with securing the Affordable Rental Housing Units against future owners and encumbrances of the lands, with the s.118 restriction to remain on title until such time as the City Solicitor determines that its registration on title is no longer required; and
l. the Tribunal is advised that the owner has entered into a municipal housing facilities agreement (the "Contribution Agreement") with the City to secure the financial assistance being provided and set out the terms of the development and operation of the new affordable renting housing units, on terms and conditions acceptable to the Executive Director, Housing Secretariat, in consultation with the Chief Financial Officer and Treasurer, and in a form satisfactory to the City Solicitor.
The Site Plan Control Application appeal in OLT Case File No. OLT-22-004802 is adjourned sine die.
That appeals pursuant to the OHA, being OLT Case File No. OLT-23-001329, are deemed withdrawn, effective July 23, 2024.
The Member will remain seized for the purposes of reviewing and approving the final draft of the Official Plan Amendment, the Zoning By-Law Amendment and the issuance of the Final Order.
If the Parties do not submit the final draft of the Official Plan Amendment and the Zoning By-law Amendment, as set out in subparagraph 2 above, by Wednesday, May 28, 2025, the Applicant and the City 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 Official Plan Amendment and the Zoning By-law Amendment for the Tribunal’s approval and issuance of its Final Order.
The 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 Official Plan Amendment and the Zoning By-law Amendment and the issuance of the Final Order.
“J. Innis”
j. inniS
MEMBER
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.
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ATTACHMENT 3