Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 7, 2024
CASE NO.: OLT-22-002167
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Queen and Brock Holdings Inc.
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Description: To permit a 9-storey mixed use building
Property Address: 1354-1360 Queen Street West and 8-14 Brock Avenue
Municipality: City of Toronto
OLT Case No.: OLT-22-002167
Legacy Case No.: PL210165
OLT Lead Case No.: OLT-22-002167
Legacy Lead Case No.: PL210165
OLT Case Name: Queen and Brock Holdings Inc. 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: Queen and Brock Holdings Inc.
Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision
Description: To permit a 9-storey mixed use building
Property Address: 1354-1360 Queen Street West and 8-14 Brock Avenue
Municipality: City of Toronto
OLT Case No.: OLT-22-002170
Legacy Case No.: PL210166
OLT Lead Case No.: OLT-22-002167
Legacy Lead Case No.: PL210165
BEFORE:
SCOTT TOUSAW VICE-CHAIR
Thursday, the 7th day of March, 2024
THESE MATTERS having come before the Ontario Land Tribunal (the “Tribunal”) for a hearing on April 3, 2023, and the Tribunal, in its written decision issued on July 27, 2023, (the “Decision”) having allowed, in part, the appeals of the Official Plan amendment application and Zoning By-law amendment application;
AND THE TRIBUNAL having withheld its Final Order with respect to the Official Plan amendment and Zoning By-law amendment until the conditions, as set out in paragraph 46 of the Decision, are satisfied;
AND THE TRIBUNAL having been advised that the conditions for the release of the Tribunal’s Final Order on the Official Plan and Zoning By-law have been satisfied;
AND THE TRIBUNAL finds that the agreed final drafts of the Official Plan amendment and Zoning By-law amendment are suitable for approval;
THE TRIBUNAL ORDERS that the Official Plan for the City of Toronto is amended as set out in Attachment 1 to this order, and the Zoning By-law is amended in the manner set out in Attachment 2 to this order;
THE TRIBUNAL authorizes the Municipal Clerk to format and assign numbers to these documents for record keeping purposes; and
THE TRIBUNAL may be spoken to in the event that the Parties have any difficulty in implementing this Decision and Order.
“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
OFFICAL PLAN AMENDMENT
Authority: Ontario Land Tribunal Decision issued on March 7, 2024 in Tribunal File OLT-22-002167
CITY OF TORONTO
BY-LAW XXX-2024 (OLT)
To adopt Amendment 703 to the Official Plan for the City of Toronto respecting the lands known municipally in the year 2023, as 1354-1364 Queen Street West and 2-14 Brock Avenue
Whereas the Owner of the lands appealed a proposed official plan amendment to the Ontario Land Tribunal pursuant to Section 22(7) of the Planning Act, R.S.O. 1990, c.P.13, as amended; and
Whereas the Ontario Land Tribunal, by its Decision on July 27, 2023, in File OLT-22-002167 and the Ontario Land Tribunal Order issued on March 7, 2024, in File OLT-22-002167 approved amendments to the Official Plan for the City of Toronto with respect to the lands;
The Ontario Land Tribunal Orders:
- The attached Amendment 703 to the Official Plan is hereby adopted pursuant to the Planning Act, as amended.
Pursuant to Ontario Land Tribunal Order issued on March 7, 2024, in File OLT-22-002167.
City of Toronto By-law ###-2024 (OLT)
AMENDMENT 703 TO THE OFFICIAL PLAN
LANDS MUNICIPALLY KNOWN IN THE YEAR 2023 AS
1354-1364 QUEEN STREET WEST AND 2-14 BROCK AVENUE
The Official Plan of the City of Toronto is amended as follows:
Map 18, Land Use Plan, is amended by re-designating the lands known municipally in the year 2023 as 2-14 Brock Avenue from Neighbourhoods to Mixed Use Areas, as shown on the attached Schedule A.
Chapter 7, Map 29, Site and Area Specific Policies, is amended by adding the lands known municipally in the year 2023 as 1354-1364 Queen Street West and 2-14 Brock Avenue as shown on the map below as Site and Area Specific Policy 873.
Chapter 7, Site and Area Specific Policies, is amended by adding Site and Area Specific Policy 873 for the lands known municipally in the year 2023 as 1354-1364 Queen Street West and 2-14 Brock Avenue, as follows:
[873]. 1354-1364 Queen Street West and 2-14 Brock Avenue
(a) An 11-storey mixed-use building with a maximum height of 39 metres (exclusive of the mechanical penthouse) is permitted.
(b) In accordance with Official Plan policy 3.2.1.12, a tenant relocation and assistance plan will be provided to lessen hardship for tenants of the existing rental units that will be demolished.
City of Toronto By-law ###-2024 (OLT)
ATTACHMENT 2
ZONING BY-LAW AMENDMENT
Authority: Ontario Land Tribunal Decision issued on July 27, 2023 and Ontario Land Tribunal Order issued on March 7, 2024, in Tribunal File OLT-22-002167
CITY OF TORONTO
BY-LAW ###- 2024 (OLT)
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2023 as 1354-1364 Queen Street West and 2-14 Brock Avenue.
Whereas the Ontario Land Tribunal, in its Decision issued on July 27, 2023 and its Order issued on March 7, 2024, in File OLT-22-002167 in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, ordered the amendment of Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2023 as 1354-1364 Queen Street West and 2-14 Brock Avenue; 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, by Order, amends By-law 569-2013 as follows:
The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.
The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, Chapter 800 Definitions.
Zoning By-law 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.1 respecting the lands outlined by heavy black lines from a zone label of CR 2.5 (c1.0; r2.0) SS2 (x1766) and R (d1.0)(x803) to a zone label of CR 2.5 (c1.0; r2.0) SS2 (x965) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by amending the Policy Areas Overlay Map in Section 995.10.1 for the lands municipally known in the year 2023 as 2-14 Brock Avenue and applying the following label: Policy Area 4, as shown on Diagram 3 attached to this By-law.
Zoning By-law 569 -2013, as amended, is further amended by amending the Height Overlay Map in Section 995.20.1 for the lands municipally known in the year 2023 as 2-14 Brock Avenue, from a Height label of HT 11.0 to HT 14.0, as shown on Diagram 4 attached to this By-law.
Zoning By-law 569 -2013, as amended, is further amended by amending the Rooming House Overlay Map in Section 995.40.1 for the lands municipally known in the year 2023 as 2-14 Brock Avenue, from a Rooming House label of B2 to B3, as shown on Diagram 5 attached to this By-law.
Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 965 so that it reads:
(965) Exception CR 965
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 the lands municipally known as 1354-1364 Queen Street West and 2-14 Brock Avenue, 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 (W) below;
(B) For the purposes of this exception, the front lot line is the lot line abutting Queen Street West;
(C) 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 95.11 metres at the elevation of the highest point of the building or structure;
(D) Despite Regulation 40.10.40.1(1), residential use portions may be located on the same storey as non-residential use portions of the building;
(E) Despite Regulation 40.10.40.10(2), the permitted maximum height of a building or structure on the lot is the numerical value, in metres, following the letters “HT” as shown on Diagram 6 of By-law [Clerks to insert By-law number];
(F) Despite Regulation 40.10.40.10(7), the permitted maximum number of storeys in a building on a lot is the numerical value following the letters “ST” as shown on Diagram 6 of By-law [Clerks to insert By-law number];
(G) Despite (E) above and Regulations 40.5.40.10(4) to (7), the following equipment and structures may project beyond the permitted maximum height of a building, in accordance with the following:
(i) structures located on the area of the building shown on Diagram 6 of By-law [Clerks to insert By-law number] denoted as “HT 39.0” used for elevators, elevator overruns, window washing equipment, and related structural elements as well as structures on any roof used exclusively for the storage of mechanical, electrical, or other equipment used for the functional operation of the building by a maximum height of 6.0 metres and may cover no more than 70 percent of the area of the roof of the building, measured horizontally;
(ii) structures of any roof used for outdoor amenity space or open air recreation and elements of a green roof by a maximum of 4.0 metres; and
(iii) balcony dividers, privacy screens, parapets, architectural elements, landscape features, privacy screens, sound barriers, and wind mitigation equipment by a maximum of 2.0 metres;
(H) Despite Regulation 40.10.40.10(5), the required minimum height of the first storey is 3.05 metres;
(I) Despite Regulation 40.10.40.40(1), the permitted maximum total gross floor area is 11,500 square metres, of which:
(i) the maximum permitted residential gross floor area is 11,000 square metres;
(ii) the maximum permitted non-residential gross floor area is 500 square metres; and
(iii) a minimum of 250 square metres of non-residential gross floor area must be provided;
(J) Of the total number of dwelling units provided on the lot:
(i) a minimum of 10 percent must be two-bedroom dwelling units; and
(ii) a minimum of 5 percent must be three-bedroom dwelling units;
(K) Despite Regulation 40.10.40.50(1), a building with 20 or more dwelling units must provide amenity space at the following rates:
(i) at least 3.16 square metres for each dwelling unit as indoor amenity space; and
(ii) at least 0.71 square metres for each dwelling unit as outdoor amenity space of which 40 square metres must be in a location adjoining or directly accessible to the indoor amenity space;
(L) Despite Regulations 40.5.40.70(1) and 40.10.40.70(2), the required minimum building setbacks is the numerical value, in metres, as shown on Diagram 6 of By-law [Clerks to insert By-law number];
(M) Despite (L) above and Regulations 40.5.40.60(1) and 40.10.40.60(1) to (9), the following elements may encroach into the required minimum building setbacks for the building as follows:
(i) cornices, window sills, eaves, balustrades, ornamental or architectural features, to a maximum extent of 0.75 metres;
(ii) balconies along the west and the north main walls of the building adjacent to the lane, as shown on Diagram 6 of By-law [Clerks to insert By-law number], to a maximum extent of 2.0 metres;
(iii) canopies and awnings, including wind mitigation and support structures, to a maximum extent of 4.0 metres; and
(iv) railings, planters, stairs, light fixtures, bollards, safety railings, guards, guardrails, privacy screens, wheelchair ramps, bicycle parking facilities, landscape features, architectural features, and art installations, to a maximum extent of 2.0 metres;
(N) Regulations 40.10.50.10(2) and (3) with respect to fence and landscaping requirements for a lot abutting the Residential Zone category, do not apply;
(O) Despite Regulations 40.10.90.40(2) and 40.10.100.10(2), vehicle access to a parking space and loading space on the lot may be over a part of a lot in the Residential Zone category;
(P) 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 minimum of 0 parking spaces for each dwelling unit for residential occupants in an apartment building or mixed-use building; and
(ii) 0 parking spaces are required for residential visitors and non-residential uses;
(Q) Despite Regulations 200.15.10(1) and (2), the total number of parking spaces provided on the lot is 5 or more, then a minimum of 1 accessible parking space is required;
(R) Despite Regulation 200.5.1.10(13), access to the required parking spaces may be provided by vehicle elevators;
(S) Despite Regulation 200.5.1.10(2), a maximum of 10% of residential occupant parking spaces provided on the lot may be obstructed on one or two sides and may have the following minimum dimensions:
(i) length of 5.6 metres;
(ii) width of 2.6 metres; and
(iii) vertical clearance of 2.0 metres;
(T) Parking spaces must be provided in a building and located as follows:
(i) within an underground structure accessed by vehicle elevators;
(ii) notwithstanding (P) and (T)(i) above, a building with no parking spaces for residential occupants and non-residential uses must provide two parking spaces for residential visitors at the ground level, of which one must be a “car-share parking space”;
(iii) for the purposes of this exception, “car-share” means the practice whereby a number of people share the use of one or more motor vehicles that are owned by a profit or non-profit car-sharing organization and such car-share motor vehicles are made available for short term rental, including hourly rental; and
(iv) a “car-share parking space” means a parking space exclusively reserved and signed for a vehicle used only for car-share purposes;
(U) Despite Regulation 230.5.1.10(9), required “long-term” bicycle parking spaces for a dwelling unit in an apartment building or mixed-use building may be located on all levels of the building, including below-ground;
(V) Despite Regulations 230.5.10.1(5), 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; and
(ii) 0.1 “short-term” bicycle parking spaces for each dwelling unit;
(W) Despite Regulation 230.5.1.10(4) and (10), “long-term” and “short-term” bicycle parking spaces may be located in a stacked bicycle parking space having the following dimensions:
(i) minimum length of 1.5 metres;
(ii) minimum spacing of 0.3 metres; and
(iii) minimum overhead clearance of 2.1 metres
Prevailing By-laws and Prevailing Sections: (None apply)
Despite any future severance, partition or division of the lands as shown on Diagram 1 of By-law [Clerks to insert By-law number], the provisions of this By-law shall apply as if no severance, partition, or division occurred.
Temporary Uses:
(A) None of the provisions of 569-2013, as amended, apply to prevent the erection and use of a temporary sales office, which a temporary building, structure, facility, or trailer on the lands used exclusively for the purpose of marketing or sale of dwelling units or non-residential gross floor area to be erected on the lot for a period of not more than three years from the date this By-law comes into full force and effect.
Pursuant to Ontario Land Tribunal Decision issued on July 27, 2023 and Ontario Land Tribunal Order issued on March 7, 2024 in Tribunal File OLT-22-002167