CP REIT Ontario Properties Limited et al. v. Toronto (City), 2024 CanLII 126150

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

December 10, 2024

CASE NO.:

OLT-22-003830

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant:

CP REIT Ontario Properties Limited

Appellant:

Del Boca Vista Properties Inc.

Appellant:

Maverick Development Corporation

Subject:

Proposed Official Plan Amendment No. 573

Description:

Official Plan Amendment OPA 573

Reference Number:

OPA 573

Property Address:

(Danforth Avenue Study Area)

Municipality/UT:

City of Toronto

OLT Case No.:

OLT-22-003830

OLT Lead Case No.:

OLT-22-003830

OLT Case Name:

CP REIT Ontario Properties Limited et al. v. Toronto (City)

BEFORE:

Eric S. Crowe

Tuesday, the 3rd

MEMBER

day of December, 2024

THIS MATTER, is in respect of appeals pursuant to s.17 (24) of the Planning Act on the approval by the City of Toronto (“City”) of Official Plan Amendment (“OPA”) No.573. The effect of the OPA is to enact Site and Area Specific Policy No. 772 (SASP”) to provide planning policy and implementing urban design guidelines for a portion of lands along Danforth Avenue extending from the Don Valley Parkway in the west, to Coxwell Avenue, in the east, having come for a public hearing on August 8, 2023 before the Ontario Land Tribunal (the “Tribunal”) and the Tribunal having issued a Order on December 8, 2024; and

THE TRIBUNAL having been advised by the Parties on November 26, 2024 that a full uncontested settlement had been reached, on consent;

AND THE TRIBUNAL, having received and considered:

i. the uncontested opinion evidence of Seanna Kerr, Senior Planner in the Toronto and East York District in the Development Review District at the City of Toronto, in their comprehensive affidavit sworn on November 25, 2024;

ii. the draft modified Official Plan Amendment 573; and

iii. City Council’s Decision adopted at its meeting of May 22 and 23, 2024.

AND THE TRIBUNAL, having accepted the opinion evidence of Seanna Kerr as presented in her affidavit, finds that the subject application, has regard to those applicable matters of provincial interest found in section 2 of the Planning Act, is consistent with the Provincial Planning Statement, 2024, conforms to the City of Toronto Official Plan, and otherwise reflects principles of good land use planning and is in the public interest;

NOW THEREFORE

THE TRIBUNAL ORDERS THAT

1. The appeal is allowed in part and Orders that Amendment No. 573 to the Official Plan for the City of Toronto is modified as set out in Exhibit “G” to the Affidavit of Seanna Kerr. The Tribunal Orders that Amendment No. 573 to the Official Plan is approved as modified.

2. The Tribunal’s proceeding in this matter is hereby concluded.

“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.

CITY OF TORONTO

BY-LAW 269-2022

To adopt Amendment 573 to the Official Plan for the City of Toronto with respect to the lands along Danforth Avenue, from the Don Valley to Coxwell Avenue.

Whereas authority is given to Council under 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 attached Amendment 573 to the Official Plan is hereby adopted pursuant to the Planning Act, as amended.

Enacted and passed on April 6 and 7, 2022.

Frances Nunziata, John D. Elvidge

Speaker City Clerk

(Seal of the City)

AMENDMENT 573 TO THE OFFICIAL PLAN

THE LANDS ALONG DANFORTH AVENUE FROM THE DON VALLEY TO COXWELL AVENUE

The Official Plan of the City of Toronto is amended as follows:

1. Chapter 7, Site and Area Specific Policies, is amended by adding Site and Area Specific Policy 772 for the lands along Danforth Avenue, from the Don Valley to Coxwell Avenue, as follows:

2. Danforth Avenue between the Don Valley and Coxwell Avenue

3. Context

1.1 Danforth Avenue (or "The Danforth") is a community destination and is one of Toronto's most cherished main streets with shops and commercial uses at the ground level and residential, along with other commercial and service uses above. The Danforth is an inclusive community that celebrates a diverse population and contains market, affordable and supportive housing that serve its diverse community. The stretch of Danforth Avenue between the Don Valley and Coxwell Avenue largely developed into its present historic commercial and residential main street form from 1910-1929, when dramatically improved access to the area contributed to a building boom. The resulting collection of historic main street buildings along Danforth Avenue define a continuous street wall of two-to-five storey buildings, articulated by a rhythm of narrow storefronts with recessed entrances, and a strong datum line of cornices and sign bands. Main street commercial building types combining non-residential uses at grade with residential uses above comprise approximately 84% of the existing buildings. In addition to these mixed, commercial-residential buildings, there are also important landmarks on Danforth Avenue, including banks, theatres, and places of worship. Laneways at the rear of many properties provide access and additional parking.

The age, materials, proportions and architectural details of buildings contribute to area character. Ground floor uses generally have larger floor-to-ceiling heights than upper-storey residential uses, recessed entrances and horizontal articulation emphasizing the prominence of the ground floor. The prevailing lot fabric generally consists of narrow lots, which contributes to the fine-grain retail rhythm of the area. The parks and public realm network in the area is characterized by Danforth Avenue as an important public space, linear parks and open spaces atop the subway corridor to the north, and boulevard right-of-way spaces, such as Alexander The Great Parkette, serving as community gathering spots. Public art is also an important part of the area's fabric.

As a functioning historic main street, Danforth Avenue has maintained a strong sense of place and character that has also been fundamentally shaped by its history of cultural diversity.

2. Purpose and Objectives

2.1 The policies of this Site and Area Specific Policy ("SASP") apply to the study area shown on Map 1 and are intended to guide and manage moderate incremental development and balance growth and change on Danforth Avenue, between the Don Valley and Coxwell Avenue.

2.2 The objectives of this SASP are to:

a) maintain and enhance the existing mixed-use main street character of Danforth Avenue;

b) support the development of a diversity of housing types, forms tenures, and affordability levels, including affordable ownership, affordable rental, and supportive housing options, to ensure that the Danforth remains an inclusive community;

c) ensure an appropriate built form transition between new development and existing Neighbourhoods north and south of Danforth Avenue;

d) ensure a cohesive and connected parks, public realm and streetscape network;

e) provide direction for Danforth Avenue as a complete street;

f) conserve and reinforce the area's cultural heritage resources and ensure new developments are compatible with and reinforce the historic context and sense of place of Danforth Avenue; and,

g) support a resilient community integrating sustainable design of new buildings, landscapes, parks and open spaces to minimize energy demand, encouraged to achieve near-zero emissions, absorb and retain stormwater, protect natural areas and enhance biodiversity.

3. Existing and Planned Character

3.1 The existing and planned character of Danforth Avenue is grounded in its history and role as a historic main street that provides a focal point for community life. It is a key contributor to the quality of community life and the local economy, providing convenient and walkable opportunities for local shopping and public gathering spaces, locations for small businesses to start up and thrive, and local employment opportunities. The land use character of the area will provide for a mix of residential and non-residential uses to ensure activity throughout the day and night.

3.2 The built form character will comprise mid-rise buildings, low-rise buildings, and small-scale additions that transition in scale to adjacent low-rise buildings and provide pedestrian-scaled streetwall heights. The ground floor of buildings will reinforce the prevailing character of narrow-fronted storefronts with transparent windows and frequent entrances.

3.3 Pedestrian amenity will be enhanced through wide sidewalks, non-residential uses at grade, articulated and fine-grain active ground floor spaces, and by treating the Danforth Avenue right-of-way together with boulevard rights-of-way on intersecting side streets as integrated public spaces. The design quality of buildings will ensure vertical and horizontal articulation, traditional building materials, and store fronts all contributing to an enhanced and activated public realm. Structures and infrastructure should be flexible and able to adapt over time to changing needs and opportunities.

4. Parks and Public Realm

4.1 Development will contribute to a system of high quality, well-connected parks and open spaces in the study area in order to ensure the area’s liveability, sustainability and climate resilience.

4.2 The parks and public realm network will be improved and expanded, to be generally consistent with Map 2 – Public Realm Structure, as follows:

a) the portions of the boulevard on side streets intersecting Danforth Avenue will be improved and expanded to provide additional public realm, pedestrian amenities and public art;

b) development adjacent to the subway corridor on both the north and south sides will be encouraged to incorporate Privately Owned Publicly-Accessible Spaces (POPS) as pedestrian greenways that improve pedestrian amenity and create a seamless relationship between parks, streets and other elements of the public realm.

4.3 Developments in Policy Area A will not cast net-new shadow on sidewalks on the north side of Danforth Avenue and on parks and open spaces for a minimum of five hours in the spring and autumn equinoxes to enhance thermal comfort and preserve their utility.

4.4 The Toronto Parking Authority will be encouraged to improve its facilities shown on Map 2 by exploring opportunities to:

a) enhance east-west pedestrian connections and associated wayfinding signage to and within existing parking facilities;

b) incorporate green infrastructure and limit stormwater runoff through state-of-good-repair investments or other facility upgrades; and

c) improve safety features, lighting, access and the overall aesthetic of parking facilities within the community.

4.5 Opportunities for additional parkland space above the subway corridor north of Danforth Avenue will be explored if the Toronto Parking Authority lots shown on Map 2 are no longer required for parking in the future.

4.6 Improvements to boulevard right-of-way spaces, as shown on Map 2, will be guided by the Danforth Avenue Segment 2 Urban Design Guidelines as part of site-specific development applications, Business Improvement Area (BIA) initiatives and/or state-of-good-repair streetscape upgrades.

4.7 Public art will be added and enhanced through site-specific development applications, BIA initiatives and streetscape upgrades. Murals will be encouraged on blank walls of new or existing development as permanent or interim conditions to contribute to the area's vibrant public art inventory.

5. Complete Streets and Laneways

5.1 The mobility network will be a multi-modal, well-connected and integrated network of streets, sidewalks, laneways, mid-block connections, multi-use paths and pedestrian crossings that provides a variety of safe and sustainable travel choices.

5.2 Development will convey lands to the City to widen an existing public lane or provide for a new public laneway, where appropriate. Where this is not possible, surface public easements will be secured over private lands to secure public access to a widened or new public laneway. Disposal of public lanes is discouraged.

5.3 Development will locate vehicle entry points on side streets and connect with existing laneways where technically possible to reduce the need for direct driveway accesses from Danforth Avenue and to reduce conflicts with pedestrians and cyclists on the street and sidewalk.

6. Development Criteria

6.1 Development in Policy Area A, as shown on Map 3A and Map 3B, will:

a) generally not exceed a height of 24 metres excluding the mechanical penthouse;

b) be setback 4.8 metres from the curb to the building face along Danforth Avenue, except where in situ conservation of heritage properties prevents sidewalk widening;

c) include a rear yard setback of a minimum of 7.5 metres, which can include the width of the public lane where one exists;

d) include a stepback at the front of the building on Danforth Avenue, and a stepback at the side of the building along any flanking street in the case of corner lots, of generally a minimum of 3 metres from the edge of the building generally at a maximum height of 14 metres or the height of the existing heritage buildings on-site;

e) include stepbacks at the rear of the building of:

i. generally a minimum of 1.5 metres from the edge of the building at a maximum height of 14 metres; and

ii. generally a minimum of 3 metres from the edge of the building at a maximum height of 17 metres;

f) have a ground floor height that generally is in keeping with existing commercial ground floor heights within the adjacent development blocks that will reinforce the existing horizontal articulation of building façades;

g) reinforce and enhance vibrancy on Danforth Avenue by providing active, non-residential uses at grade with consideration for small-scale, independent retail spaces;

h) limit the frontage of individual ground floor retail units generally to a maximum of 25 metres:

i) encourage larger retail spaces to locate on the second floor of buildings or above, below grade or in behind smaller retailers;

j) maximize the availability and flexibility of ground floor space for retail and service commercial uses in determining the size and location of lobbies, amenity space, elevator banks and other elements associated with upper storey uses;

k) have horizontal articulation that differentiates the retail portion of the streetwall from upper stories;

l) include horizontal articulation on the base building of new developments to maintain and reinforce historic streetwall heights, and reference cornice lines and horizontal datum lines of adjacent buildings;

m) have vertical articulation on the ground floor that creates individual retail bays that are generally less than 8 metres in width;

n) For developments that are larger than 60 metres in width, include vertical articulation to break-up the mass to respond to the fine-grained historic main street character of the area,

o) use high-quality solid materials on new developments and respect the existing fenestration pattern of adjacent heritage buildings

p) encourage the inclusion of private open space suitable for patios, outdoor merchandising and gatherings, especially on corner sites; and

q) include north-south pedestrian connections on both the north and south sides of Danforth Avenue, where feasible between Jones Avenue and Greenwood Avenue.

6.2 Development in Policy Area B, as shown on Map 3A and Map 3B, will:

a) generally not exceed a height of 16 metres excluding the mechanical penthouse;

b) provide a front yard setback with generous landscaping equivalent in depth and complementary to the character of the neighbouring zone immediately to the north;

c) include a rear yard setback of a minimum of 1 metre;

d) include side yard setbacks of a minimum of 1 metre;

e) include a setback from an adjacent public park or Toronto Parking Authority parking facility of a minimum of 6.1 metres;

f) include a stepback adjacent to any public street of a minimum of 3 metres from the edge of the building at a maximum height of 12 metres;

g) include a stepback at the rear of the building of a minimum of 3 metres from the edge of the building at a maximum height of 12 metres;

h) include a stepback from adjacent Toronto Parking Authority parking facilities or adjacent public parks of 3 metres at a maximum height of 12 metres;

i) include a stepback at the side of the building adjacent to the public lane of a minimum of 3.5 metres from the edge of the building at a maximum height of 4.5 metres, beyond a building length of 11 metres;

j) be built with high-quality materials that are complementary to and reflect the character of Neighbourhoods to the north; and

k) have units fronting onto the adjacent Toronto Parking Authority parking facility or adjacent public park with access via pedestrian mews.

6.3 Development in Policy Area C, as shown on Map 3A and Map 3B, will:

a) generally not exceed a height of 12 metres excluding the mechanical penthouse;

b) provide a front yard setback with generous landscaping equivalent in depth and complementary to the existing street character of the Neighbourhoods to the north;

c) include a rear yard setback of a minimum of 1 metre;

d) include side yard setbacks of

i. a minimum of 1 metre; and

ii. a minimum of 3.5 metres beyond 11 metres of building length;

e) include a setback from an adjacent public park or Toronto Parking Authority parking facility of a minimum of 6.1 metres;

f) include a stepback at the side of the building adjacent to lands designated Neighbourhoods of a minimum of 1.5 metres from the edge of the building at a maximum height of 9 metres beyond a building length of 11 metres;

g) be built with high-quality materials that are complementary to and reflect the character of Neighbourhoods to the north; and

h) have units fronting onto the adjacent Toronto Parking Authority parking facility or adjacent public park with access via pedestrian mews.

6.4 Development in Policy Area D, as shown on Map 3A and Map 3B, will:

a) generally not exceed a height of 14 metres excluding the mechanical penthouse;

b) provide a front yard setback with generous landscaping equivalent in depth and complementary to the existing street character of the Neighbourhoods to the north;

c) include a rear yard setback of

i. a minimum of 7.5 metres; or

ii. a minimum of 4.5 metres when a public lane is adjacent to the rear of the property;

d) include side yards of a minimum of 1 metre from an adjacent public or private lane;

e) include side yard setbacks adjacent to lands designated Neighbourhoods of:

i. a minimum of 1 metre; and

ii. a minimum of 3.5 metres beyond 11 metres of building length;

f) include a stepback at the sides of the building of a minimum of 1.5 metres from the edge of the building at a maximum height of 9 metres, for the side of the building adjacent to Neighbourhoods; and

g) be built with high-quality materials that are complementary to and reflect the character of Neighbourhoods to the north.

6.5 Where a single development includes lands in both Policy Areas A and B, or is on a site with a lot depth greater than 41 metres, the following modifications are applicable to the portion of the development located within Policy Area A:

a) Policy 6.1(a) is modified so that developments will generally not exceed 27 metres in height, excluding the mechanical penthouse

b) Policy 6.1(d) is modified to require an additional stepback adjacent to any public street, of a minimum of 2 metres from the edge of the building at a height of 24 metres; and

c) Policy 6.1(e) is modified to require a rear yard stepback of a minimum of 2.5 metres from the edge of the building at a maximum height of 14 metres.

6.6 Where a single development includes lands in both Policy Areas A and 2 to 3 lots in Policy Areas D, where a public lane is adjacent, the following modifications are applicable to the portion of the development located within Policy Area A:

a) Policy 6.1(a) is modified so that developments will generally not exceed 27 metres in height, excluding the mechanical penthouse;

b) Policy 6.1(d) is modified to require an additional stepback adjacent to any public street, of a minimum of 4 metres from the edge of the building at a maximum height of 24 metres, for a lot on the south side of Danforth Avenue;

c) Policy 6.1(d) is modified to require an additional stepback adjacent to any public street, of a minimum of 2 metres from the edge of the building at a maximum height of 24 metres, for a lot on the north side of Danforth Avenue; and

d) Policy 6.1(e) is modified to require a rear yard stepback of a minimum of 1.5 metres from the edge of the building at a maximum height of 14 metres.

6.7 Where a single development includes lands in both Policy Areas A and 2 to 3 lots in Policy Areas E, where no public lane is adjacent,

a) the following modifications are applicable to the portion of the development located within Policy Area A:

i. Policy 6.1(a) is modified so that developments will generally not exceed 27 metres in height, excluding the mechanical penthouse;

ii. Policy 6.1(c) is modified to require a rear yard setback of 3.5 metres;

iii. Policy 6.1(d) is modified to require an additional stepback adjacent to any public street, of a minimum of 4 metres from the edge of the building at a maximum height of 24 metres, for a lot on the south side of Danforth Avenue and 2 metres stepback from any other public street; and

iv. Policy 6.1(e) is modified to require a 1.5 metre stepback from Policy Area Eat any height over 14 metres.

b) The following policies are applicable for development in Policy Areas E, as shown on Map 3A and Map 3B, will:

i. generally not exceed a height of 14 metres excluding the mechanical penthouse;

ii. provide a front yard setback with generous landscaping equivalent in depth and complementary to the existing street character of the Neighbourhoods to the north;

iii. be built with high-quality materials that are complementary to and reflect the character of Neighbourhoods to the north; and

iv. be permitted to connect to development in adjacent Mixed Use Areas provided the development criteria within each land use designation is respected; and,

v. be required to provide a rear yard setback of 4.5 metres where there is a lane and 7.5 metres where this is no lane.

6.8 The built form within the Study Area will be predominately mid-scale in form. However, changes to the built form standards referenced in Section 6 may be considered without requiring an amendment to this Plan provided the intent of the built form policies are met and if the proposed developments support important municipal and provincial objectives such as affordable housing, quality of life, sustainability, design excellence and public realm improvements..

7. Heritage

7.1 A designated heritage property, or property listed on the City's Heritage Register, or a property adjacent to a designated or listed property, will require additional consideration and design solutions through development to conserve the cultural heritage value and heritage attributes and character of these properties. The design approach will include upper-level stepbacks of new development and additions to provide a varied streetwall based on the planned context and on appropriate heritage conservation.

7.2 A site-specific approach with additional stepbacks beyond those required within the policies of Section 6 may be required to address the unique characteristics of on-site heritage buildings, subject to the findings of the Heritage Impact Assessment.

8. Affordable Housing

8.1 In support of achieving a full range of housing options, securing affordable housing through all available City programs and tools will be prioritized. Affordable housing will be implemented in the context of the built form and public realm policies of this plan.

9. Nodes

9.1 Lands shown in hatched lines on Map 1 are identified for further study, given their adjacency to important transit nodes. The policies within this SASP will apply to the lands identified for Further Study within the Study Boundary as shown on Map 1.

10. Sustainability

10.1 In addition to policy 2.2(f) and 4.1, development is encouraged to meet or exceed the highest performance level of the Toronto Green Standard.

11. Urban Design Guidelines

11.1 Urban Design Guidelines, as adopted by City Council, will be used as a tool to evaluate proposed development in the Planning Area and to ensure such development is consistent with this SASP and the Official Plan. To this purpose the Urban Design Guidelines for Danforth Avenue will:

a) illustrate the intent of the SASP policies;

b) provide an understanding of the area's local character;

c) explain how new developments will conserve, maintain and enhance the area's historic main street character and sense of place;

d) articulate planning priorities for the area;

e) provide built form guidelines including setbacks, stepbacks, heights, and massing for development to ensure that it is compatible with and reinforces the local context ;

f) identify properties of heritage potential that will be further reviewed for inclusion on the City's Heritage Register;

g) conserve and maintain the built heritage resources while allowing for growth and change; and,

h) illustrate how parks and the public realm can be expanded and improved and provide concepts for a future vision based on complete streets.