Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 9, 2024

CASE NO.: OLT-22-004116 OLT-23-000677

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

Applicant/Appellant: PR Bloor Street GP Inc.

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

Description: To permit the development of a 80-storey mixed-use development

Reference Number: 21 249697 STE 11 OZ

Property Address: 83-95A Bloor Street West

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-22-004116

OLT Lead Case No.: OLT-22-004116

OLT Case Name: PR Bloor Street GP Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: PR Bloor Street GP Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit the development of a 80-storey mixed-use development

Reference Number: 23 118767 STE 11 OZ

Property Address: 83-95A Bloor Street

Municipality: Toronto

OLT Case No.: OLT-23-000677

OLT Lead Case No.: OLT-22-004116

BEFORE:

DAVID BROWN MEMBER

Monday, the 9th day of December, 2024

THIS MATTER having come on for a public hearing on September 18, 2023, and the Ontario Land Tribunal (the “Tribunal”) by way of an Oral Decision issued on September 18, 2023, and its Memorandum of Oral Decision issued on November 1, 2023 (the “Decision”), having determined that the appeals under subsections 22(7) and 34(11) of the Planning Act (the “Official Plan and Zoning By-law Amendment Appeals”) should be allowed, in part, and that the proposed Official Plan and Zoning By-law Amendments should be approved, in principle, with the final Order withheld pending the Tribunal being advised by the Solicitor of the City Toronto that the conditions to the Decision for the Tribunal Order to issue have been satisfied;

THE TRIBUNAL HAVING BEEN ADVISED by the Solicitor of the City Toronto that the conditions in the Decision have been satisfied to the satisfaction of the City of Toronto prior to the issuance of a final Order regarding the Official Plan and Zoning By-law Amendment Appeals;

AND THE TRIBUNAL is satisfied that its direction as set out in the Decision has been met;

THE TRIBUNAL ORDERS that the Official Plan and Zoning By-law Amendment Appeals are allowed in part, and the City of Toronto Official Plan, as amended, is hereby amended in the manner set out in Attachment “1” to this Order, and the City of Toronto Zoning By-law No. 569-2013, as amended, is hereby amended in the manner set out in Attachment “2”. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to these by-laws for record keeping purposes.

“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.

ATTACHMENT 1

AMENDMENT TO CITY OF TORONTO OFFICIAL PLAN

CITY OF TORONTO BY-LAW -2024 (OLT)

To adopt Amendment No. 734 to the Official Plan for the City of Toronto respecting the lands known municipally in the year 2023 as 83-95A Bloor Street West

Whereas the Owner of the lands known municipally in the year 2023 as 83-95A Bloor Street West appealed a proposed Official Plan Amendment to the Ontario Land Tribunal pursuant to subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and

Whereas the Ontario Land Tribunal, by its Decision issued on November 1, 2023, approved amendments to the Official Plan for the City of Toronto with respect to the lands known municipally as 83-95A Bloor Street West;

The Ontario Land Tribunal Orders:

1. The attached Amendment No. 734 to the Official Plan is hereby in force pursuant to the Planning Act, as amended.

Ontario Land Tribunal Order issued on December 9th, 2024 in OLT-23-000677.

AMENDMENT NO. 734 TO THE OFFICIAL PLAN LANDS MUNICIPALLY KNOWN IN THE YEAR 2023 AS

83-95A BLOOR STREET WEST

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

1. Chapter 6, Section 41, Downtown Secondary Plan, is amended by adding the following as a new bullet point to Section 17, Site and Area Specific Policies: “83-95A Bloor Street West”.

2. Chapter 7, Site and Area Specific Policies, is amended by adding Site and Area Specific Policy 882 as follows.

882. 83-95A Bloor Street West

1. Notwithstanding Policy 6.7 of Chapter 6, Section 41, Downtown Secondary Plan, the existing amounts of non-residential and office gross floor area are not required to be retained.

2. The minimum required non-residential gross floor area within the development is 1,650 square metres.

3. Map 28, Site and Area Specific Policies, is amended by adding the lands municipally known in the year 2023 as 83-95A Bloor Street West, as shown in Site and Area Specific Policy 882

4. Map 29, Site and Area Specific Policies, is amended by adding the lands municipally known in the year 2023 as 83-95A Bloor Street West, as shown in Site and Area Specific Policy 882.

ATTACHMENT 2

AMENDMENT TO CITY OF TORONTO ZONING BY-LAW NO. 569-2013

Authority: Ontario Land Tribunal Decision issued on November 1, 2023 and Ontario Land Tribunal Order issued on December 9th, 2024 in Tribunal File OLT-22-004116

CITY OF TORONTO

BY-LAW [Clerks to insert By-law number]

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2023 as 83-95A Bloor Street West.

Whereas the Ontario Land Tribunal, by its Decision issued on November 1, 2023 and its Order issued on December 9th, 2024, in respect of Tribunal File OLT-22-004116, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, determined to amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2023 as 83-95A Bloor Street West; 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 Orders:

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, as amended, 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 from a zone label of CR 6.0 (c4.5; r6.0) SS1 (x2489) to a zone label of CR 6.0 (c4.5; r6.0) SS1 (x1036) 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 1036 so that it reads:

(1036) Exception CR (1036)

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 lands municipally known as 83-95A Bloor Street West, if the requirements of By-law [Clerks to insert By-law number] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (U) 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 116.0 metres and the elevation of the highest point of the building or structure;

(C) Despite regulation 40.10.40.1(1), residential use portions of the building are permitted to be located on the same storey as non-residential use portions of the building;

(D) Despite regulation 40.10.40.10(1), the permitted maximum height of a building or structure is the number in metres following the letters “HT” as shown on Diagram 3, and as indicated in the areas shown on Diagram 4 of By-law [Clerks to insert By-law number];

(E) Despite regulations 40.5.40.10(3) to (8) and (D) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 and Diagram 4 of By-law [Clerks to insert By-law number]:

(i) enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, by a maximum of 5.5 metres;

(ii) structures that enclose, screen, or cover the equipment, structures and parts of a building listed in (i) above, by a maximum of 5.5 metres;

(iii) roof drainage materials, thermal insulation, roof assemblies including decking and pavers or roof ballast by maximum of 1.0 metres;

(iv) architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 3.5 metres;

(v) building maintenance units and window washing equipment, by a maximum of 6.0 metres;

(vi) planters, landscaping features, fences, guard rails, railings, and divider screens on a balcony and/or terrace, by a maximum of 2.5 metres;

(vii) privacy screens, mechanical and architectural screens, balcony and terrace guards and dividers, solar and wind energy facilities, garbage chute, boiler flue, generator flue, plumbing vents, lightning protection equipment, silencing or acoustic measures for mechanical equipment by maximum of 5.5 metres;

(viii) lightning rods by a maximum of 6.0 metres;

(ix) antennae, flagpoles and satellite dishes, by a maximum of 2.0 metres;

(x) Trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 5.5 metres; and

(xi) The projections listed in (ii) and (v) above may cover no more than 40% of the roof area;

(F) Despite regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 72,800 square metres, of which:

(i) the permitted maximum gross floor area for residential uses is 71,150 square metres;

(ii) the required minimum gross floor area for non-residential uses is 1,650 square metres;

(G) Despite regulation 40.10.40.50(1) and (2), amenity space must be provided at the following rate:

(i) at least 2.5 square metres of amenity space per dwelling unit, of which:

(a) a minimum of 700 square metres must be outdoor amenity space;

(H) Despite regulation 40.10.40.70(1), and 600.10.10(1), the required minimum building setbacks are as shown in metres on Diagram 3 and Diagram 4 of By-law [Clerks to insert By-law number];

(I) Despite Clause 40.10.40.60 and (H) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:

(i) canopies, trellises, privacy screens, landscape features, lighting features, public art features and awnings, by a maximum of 4.0 metres;

(ii) exterior stairs, access ramps and elevating devices, by a maximum of 1.0 metres;

(iii) architectural features and structural elements, such as a pilaster, decorative column, cornice, sill, by a maximum of 1.0 metres;

(iv) air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 1.0 metres;

(v) mechanical and architectural screens, window sills, window mullions, vents, metal panel, stacks, and insulation materials by a maximum of 1.0 metres;

(vi) terraces, planters, balustrades, bollards by a maximum of 2.5 metres;

(vii) balconies, by a maximum of 1.5 metres, provided:

(a) balconies may only be located on the eastern and western main walls of the building; and,

(b) balconies on the eastern main wall of the building are only permitted above a Canadian Geodetic Datum elevation of 178 metres;

(J) Despite regulation 200.5.1.10(12)(C), if an apartment building, mixed use building or a building with non-residential uses, has an area for parking 2 or more vehicles, the vehicle entrance and exit to the building may be 0 metres from the lot line abutting a street;

(K) Despite regulation 200.5.10.1(1), Table 200.5.10.1, parking spaces must be provided in accordance with the following and may be provided in a stacked parking space and may be in an “automated parking system”:

(i) a minimum of 0 residential occupant parking spaces for each dwelling unit, but not exceeding the permitted maximum in Table 200.5.10.1 for dwelling units in a mixed-use building in Parking Zone A;

(ii) a minimum of 4 residential visitor parking spaces; and

(iii) a minimum of 0.0 parking space for non-residential uses;

(iv) Regulations 200.5.1.10(2), (4), (12) and (13) do not apply to stacked parking spaces provided within an “automated parking system”; and,

(v) For the purpose of this exception, an “automated parking system” means a mechanical system for the purpose of parking and retrieving vehicles with or without drivers in the vehicle during parking and with or without the use of ramping or drive aisles. Automated maneuvering of other vehicles may be required for vehicles to be parked or retrieved.

(L) Despite regulations 200.15.10.10(1) and (2) and (K) above, a minimum of 4 accessible parking spaces must be provided;

(M) Despite regulation 200.15.1(1), an accessible parking space must have the following minimum dimensions:

(i) length of 5.6 metres;

(ii) width of 3.4 metres; and

(iii) vertical clearance of 2.1 metres;

(N) Despite regulation 200.5.1.10(2)(A)(iv), a maximum of 20 percent of the parking spaces may be obstructed as described in regulation 200.5.1.10(2)(D) without being required to provide additional width for the obstructed sides of the parking space;

(O) Despite regulation 200.5.1.10(2), a maximum of 20 percent parking spaces may be small car spaces with the following minimum dimensions:

(i) length of 5.0 metres;

(ii) width of 2.4 metres; and

(iii) vertical clearance of 2.0 metres;

(P) Despite regulation 200.5.1.10(13), access to parking spaces may be from a vehicle elevator;

(Q) Despite Regulations 220.5.1.10(8)(B)(i) and (D)(i) and Clause 220.5.10.1, loading spaces must be provided on the lot as follows:

(i) a minimum of 1 shared Type “G” and Type “B” loading space which must have a minimum length of 10 metres; and

(ii) a minimum of 1 type “C” loading space; and

(iii) loading spaces required in (i) and (ii) above may be provided on an automated turntable;

(R) 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) bicycle parking spaces required in (ii) above may be used to satisfy the bicycle parking space requirement for non-residential uses;

(S) Despite Regulations 230.5.1.10(4)(A)(ii) and (B)(ii), (6) and (10), bicycle parking spaces must be provided and maintained in accordance with the following:

(i) Both "long-term" and "short-term" bicycle parking spaces may be provided above or below ground and in a stacked bicycle parking space;

(ii) "long-term" and "short-term" bicycle parking spaces may be located outdoors or indoors including within a secured room or enclosure or unenclosed space, or bike locker or combination thereof.

(a) the minimum width of a stacked bicycle parking space is 0.35 metres,

(b) the minimum width of a bicycle parking space if placed in a vertical position on a wall, structure or mechanical device is 0.45 metres;

(T) In addition to the locations listed in Regulation 230.5.1.10 (9), bicycle parking spaces may also be provided above the second storey of the building;

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

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

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

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

(iv) an additional 15 percent of the total number of dwelling units will be any combination of two bedroom and three bedroom dwelling units, or dwelling units that can be converted into any combination of two and three bedroom dwelling units through the use of accessible or adaptable design measures; and

(V) A “privately-owned publicly-accessible open space (POPS)” with a minimum area of 122 square metres must be provided within the area of the lot shown on Diagram 3 and Diagram 4 attached to By-law [Clerks to insert By-law ##], and:

(i) A minimum vertical clearance of 9.0 metres must be provided above the POPS area;

(ii) The equipment, structures and elements of a building listed in site-specific provisions (E) and (I) above are permitted to encroach and project into this area; and

(iii) For the purposes of this exception, “Privately-owned publicly-accessible open space (POPS)” means a space on the lands situated at ground level, generally within the shaded areas shown on Diagram 3 and Diagram 4 of By-law [Clerks to insert By-law number], that is accessible to the public, secured through appropriate legal agreements and may include pedestrian walkways, seating areas, landscaped plazas, and ornamental structures and is used principally for the purpose of sitting, standing and other recreational uses.

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):

(A) None of the provisions of Zoning By-law 569-2013, as amended, or this By-law apply to prevent the erection and use of Construction Office/Sales Office on the lands identified on Diagram 1 of this By-law where a Construction Office/Sales Office means buildings, structures, facilities or trailers, or portions thereof, used for the purpose of the administration and management of construction activity and/or for selling or leasing dwelling units and/or non-residential gross floor area on the lands identified on Diagram 1 of this By-law, for a period of 3 years from the date this By-law comes into full force and effect, after which this temporary use permission expires.

Ontario Land Tribunal Decision issued on November 1, 2023 and Ontario Land Tribunal Order issued on December 9th, 2024 in Tribunal File OLT-22-004116.