Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 22, 2024

CASE NO(S).: OLT-23-000146

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

Applicant/Appellant: Camrost Felcorp Investments Inc.

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

Description: To permit a 40-storey mixed-use tower consisting of residential units, office space and retail space

Reference Number: 22 176960 STE 12 OZ

Property Address: 181 - 191 Eglinton Avenue East

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-23-000146

OLT Lead Case No: OLT-23-000146

OLT Case Name: Camrost Felcorp Investments Inc. v. Toronto (City)

Heard: April 16, 2024, by Video Hearing

APPEARANCES:

Parties

Counsel

Camrost Felcorp Investments Inc. ("Applicant" / "Appellant")

Jamie Cole Michael Foderick (in absentia)

City of Toronto ("City")

Michael Mahoney

181 Eglinton Holdings Inc. ("181")

Christopher Tanzola

DECISION DELIVERED BY T.F. NG AND INTERIM ORDER OF THE TRIBUNAL

INTRODUCTION

1This matter was scheduled for one day as a settlement hearing. Camrost Felcorp Investments Inc. ("the Applicant") made an application to the City of Toronto ("City") for a Zoning By-law Amendment ("ZBA") pursuant to s. 34(11) of the Planning Act ("Act") to permit a 40-storey residential mixed use development on properties Municipally known as 181 – 191 Eglinton Avenue East ("subject property" /" Subject Lands"/ "subject site"). City council failed to make a decision in the statutory time frame.

2The Applicant appealed and thereafter, the Parties engaged in settlement discussions. The Applicant’s Settlement Offer ("proposed settlement" / "settlement proposal") was accepted by City Council. Subsequent to council’s endorsement, minor statistical errors were discovered in the architectural plans which were then corrected. The City Solicitor attended the hearing in support of the Revised Zoning By-law Amendment application.

3All Parties in attendance consented to the proposed settlement. The Affidavit of David Sajecki, Applicant’s planner, sworn April 8, 2024, was marked as Exhibit 1.

4Mr. Cole, the Applicant’s counsel, briefed the Tribunal on the proposed settlement with the City.

5Mr. Mahoney, on behalf of the City, and Mr. Tanzola, counsel for 181, confirmed City’s acceptance of the settlement proposal. Mr. Sajecki was qualified as an expert to give opinion evidence in land use planning matters. He testified in support of the proposed settlement evaluated against the relevant public policy.

6Toronto Lands Corporation ("TLC") and South Eglinton Davisville Residents Association ("SEDRA") were granted participant status at a previous Case Management Conference in 2023. From the Participant statements, SEDRA does not have specific objections. Its focus is on lower floors, including quality of landscapes, public realm, architecture of ground floor retail and design, location of building and construction management in relation to the Eglinton Junior Public School.

7TLC which is a subsidiary of the Toronto District School Board, does not oppose the proposal in principle, but seeks to ensure that the health and safety of the school population is properly considered, and that the impacts are minimized.

8Mr. Sajecki addressed those concerns at the hearing.

THE PROPOSAL

9The Original Application was submitted on July 14, 2022, and included one 40-storey mixed-use building, with a total of 479 residential units and a total of 164 parking spaces. A total non-residential gross floor area ("GFA") of 35,465 metres squared ("m²") (381,742.08 feet squared ("ft²") was proposed. This resulted in a total floor space index ("FSI") of 13.41. A total amenity area of 1,072 m² (11,538.91 ft²) was proposed, including indoor and outdoor amenities.

10The settlement proposal was based on a redesign of the project which includes the following changes:

• An additional 20-storey building at 181 Eglinton Avenue East (Building B);
• An increased building height of 52-storeys on 191 Eglinton Avenue East (Building A);
• The total number of dwelling units increased from 479 to 698 (544 units in Building A and 154 units in Building B);
• The total new, non-residential GFA decreased from 4,040 m² to 3,609 m² (3,349 m² in Building A and 260 m² in Building B);
• The FSI is 31.81 for the Building A portion and 6.77 for the Building B portion. Previously, the proposed FSI was 13.41; and
• The amenity area increased from 1,072 m² to 3,012 m² (2,273 m² in Building A and 739 m² in Building B)

1. The massing and built form of the new proposal has been significantly modified to address impacts on the surrounding development and public realm.
2. The settlement proposal includes two mixed-use buildings with heights of 52-storeys (Building A) and 20-storeys (Building B).
3. The overall GFA for Building A has been calculated at approximately 35,719 m², inclusive of 32,370 m² of residential space, 2,765 m² of office space and 584 m² of retail space, resulting in an overall FSI of approximately 31.81. All office use replacement for both Building A and Building B will be provided in Building A.
4. The overall GFA for Building B has been calculated at approximately 10,307 m², inclusive of 10,047 m² of residential space and 260 m² of retail space along the Eglinton Avenue East frontage, resulting in an overall FSI of approximately 6.77.
5. The residential unit count for Building A is 544 units and 154 units for Building B, resulting in the provision of additional housing which will assist in achieving the City’s Mount Pleasant Major Transit Station Area ("MTSA") density target and housing policies.
6. In Building A, 1,847 m² of outdoor and 426 m² of indoor amenity space is proposed, totalling 2,273 m², while in Building B, 283 m² of outdoor and 456 m² of indoor amenity space is proposed, totalling 739 m². Overall, 3,012 m² of amenity space is proposed for the two buildings.
7. The loading and servicing areas, as well as the ramps to the underground parking garage, have been fully enclosed and appropriately located and configured to meet the City’s standards and waste management requirements.
8. Vehicular and bicycle parking spaces are proposed within three levels of an underground garage, with eight short-term bicycle spaces located along the Eglinton Avenue East frontage for Building B.
9. The settlement proposal maintains the proposed pedestrian sidewalk to the rear of the Subject Lands.

SITE AND AREA CONTEXT

11The Subject Lands are located on the south side of Eglinton Avenue East and on the west side of Brownlow Avenue.

12The Subject Lands are rectangular in shape with a lot area of 0.26 hectares ("ha") (2,645 m²). Frontage on Eglinton Avenue East is approximately 25 metres ("m") and frontage on Brownlow Avenue is approximately 45 m

13The Subject Lands are currently occupied by two, three-storey office buildings, which are proposed to be demolished.

14The Subject Lands are within the MTSA, and the surrounding area predominantly consists of apartment buildings to the west and north and low-rise residential developments to the south. To the north of Eglinton Avenue are mid- to high-rise mixed-use buildings, while low-rise residential developments are located to the south of the Subject Lands. It should be noted that while the subject site is within the Mount Pleasant MTSA, which is serviced by the LRT, it is also 650 m away from the Eglinton Subway Station.

15Immediately to the west of the Subject Lands is a 33-storey mixed-use building, while to the east is Eglinton Public School and soccer field, across Brownlow Avenue.

16Numerous redevelopment applications are currently in process for other underutilized sites in the vicinity, all of which propose high-rise residential condominiums and mixed-use buildings.

17Eglinton Avenue East is a Major Street (as defined in the City’s Official Plan ("City OP")), running east-west, with six lanes and a right-of-way width of 27 m adjacent to the Subject Lands. Brownlow Avenue runs north-south and is a two-way Local Road (as defined in the City’s OP).

18From a public transit perspective, the Subject Lands have excellent access to higher-order rapid transit and surface transit services.

19The Subject Lands are located along a transit corridor and transit priority segment as identified on Maps 4 and 5 of the City OP.

20The Metrolinx-operated Eglinton Crosstown ("LRT") is expected to run 19 kilometres east-west along Eglinton Avenue and includes a stop at the intersection of Eglinton Avenue East and Mount Pleasant Road, approximately 150 m to the northeast of the Subject Lands.

21Existing transit services connect the Subject Lands to other areas of Toronto and adjacent Municipalities, including subway routes from Eglinton Station, located less than 700 m to the west of the Subject Lands. Bus stops are located at the intersection of Mount Pleasant Road and Eglinton Avenue East, approximately 100 m east and Redpath Avenue and Eglinton Avenue East, approximately 110 m west.

Subway and bus routes include:

i. Subway Line 1 (Yonge-University);

ii. Bus routes 7, 35, and 35A on Eglinton Avenue East; and,

iii. Bus route 74 on Mount Pleasant Road.

PROVINCIAL POLICY STATEMENT 2020 ("PPS")

22In Mr. Sajecki’s opinion, the settlement proposal is consistent with the PPS, in particular, Policies 1.1.1 and 1.1.3 of the PPS that promote the "integration of land use planning, growth management, transit-supportive development, intensification and infrastructure planning to achieve cost effective development patterns" (1.1.1, PPS, 2020), and "opportunities for transit-supportive development, accommodating a significant supply and range of housing options through intensification and redevelopment" (1.1.3, PPS).

23He stated that the settlement proposal represents efficient and resilient development by concentrating density and a mix of uses in a transit-accessible location, providing employment opportunities and contributing to a range and mix of housing types in the neighbourhood. The proposed mixed-use development offers residential, and employment uses within a compact built form and an existing settlement area.

24The settlement proposal for redevelopment of the Subject Lands is appropriate under these policies, as it represents residential intensification with direct access to transit and active transportation and makes efficient use of the existing infrastructure. It is also well-designed, and encourages a sense of place by incorporating a diverse mix of uses and other amenity spaces throughout the site.

25The proposed development represents intensification that promotes efficient development and land use patterns. It contributes to the supply and range of housing options and makes efficient use of existing infrastructure and public service facilities, and transit investment. The proposed development is therefore consistent with the policies of the PPS and contributes to achieving its goals.

26The Tribunal agrees with Mr. Sajecki. The proposed development located at the subject site will encourage a transit supportive and employment enhancing development. Approximately 650 m west of the subject property is the Eglinton subway station and, the under-construction Eglinton Cross Town LRT Mt. Pleasant Station is about 150 m north east from the subject property. The proposed mixed-use development comprising a range of residential unit sizes, retail and office space efficiently uses the land and infrastructure. The proposal prioritizes intensification proximate to the LRT, the subway and bus routes. The Tribunal finds that the proposal is consistent with the PPS.

GROWTH PLAN

27Mr. Sajecki opined that the settlement proposal conforms with the Growth Plan for the Greater Golden Horseshoe 2020 ("Growth Plan"), in particular, the policies that seek to set minimum density targets for MTSA e.g., policy 2.2.4(3). Given that the MTSA is served by the LRT, the minimum Growth Plan density target for the Mount Pleasant MTSA is 160 residents and jobs combined per ha.

28Section 5 of the Growth Plan provides policies related to the implementation and interpretation of Growth Plan policies. Section 5.2.5 refers to targets, such as those included in policy 2.2.4(3). Policy 5.2.5(1) states:

The minimum intensification and density targets in this Plan, including any alternative targets that have been permitted by the Minister, are minimum standards and municipalities are encouraged to go beyond these minimum targets, where appropriate, except where doing so would conflict with any policy of this Plan, the PPS or any other provincial plan.

Policy 5.2.5(6) states that:

In planning to achieve the minimum intensification and density targets in this Plan, municipalities will develop and implement urban design and site design official plan policies and other supporting documents that direct the development of a high- quality public realm and compact built form.

29In Mr. Sajecki’s opinion, the settlement proposal conforms to the Growth Plan by making efficient use of land, infrastructure and public service facilities and providing compact, transit-supportive development. It adds to the range and supply of housing through intensification in a strategic growth area where residents can make use of transit and active transportation options.

30The Tribunal finds that the subject site for the proposed development is within an MTSA where growth and development is to be prioritized.

31The settlement proposal, which is a compact development with the mixed range of residential units, offices and retail, fulfils the minimum density targets of the Growth Plan for 160 residents and jobs per ha. The Tribunal finds that the settlement proposal conforms to the Growth Plan.

City of Toronto Official Plan

32In Mr. Sajecki’s opinion, the settlement proposal conforms with the City OP including policies in Chapter 2: Direct Growth - s.2.2.2; Chapter 3: Complete Communities - s. 3.1.1, 3.1.3, 3.1.4, and 3.2.2; Chapter 4: Build a Desirable Urban Form - s.4.5.

33Policy 2.2.2 directs growth to Centres, Avenues, Employment Areas and Downtown to:

a. Ensure efficient use of municipal land, infrastructure and services;

b. Concentrate jobs and people in areas well-serviced by transit;

c. Contribute to the City’s fiscal health;

d. Promote mixed-use to locate residential and employment areas in close proximity and encourage active transportation;

e. Provide access to affordable housing;

f. Create opportunities for social interaction, public safety and cultural and economic activity;

g. Improve air quality, energy efficiency and greenhouse gas emissions;

h. Improve water quality and protect function and habitat of waterbodies; and

i. Protect neighbourhoods, green spaces and natural heritage features.

34Map 3 (Urban System) locates the Subject Lands within the Yonge-Eglinton Centre and designates them as a Mixed-Use Area.

35The Subject Lands are located within a Strategic Growth Area ("SGA") expected to accommodate intensification in the city. With the under-construction Eglinton Crosstown LRT along Eglinton Avenue East, development along this corridor will support the LRT’s success by contributing to increased transit ridership. Additionally, the Subject Lands are in proximity to the existing subway line, strengthening connectivity to other areas of the city.

36In Mr. Sajecki’s opinion, the settlement proposal conforms with the public realm and built form policies in s. 3.1.1-3.1.4 of the City OP.

37The settlement proposal contributes to a vibrant public realm within and around the Subject Lands, with retail uses oriented toward Eglinton Avenue East and residential and office entrances located along Brownlow Avenue, generating pedestrian traffic and creating a walkable environment in proximity to an LRT Station.

38A well-balanced mix of uses are proposed on the Subject Lands that provide opportunities to live, work and shop in one place, in an area with excellent transit connectivity. The proposed development is serviced by local and regional public transit routes, including existing subway, bus, and an anticipated LRT service.

39Section 4.5 provides guidance for the development of Mixed-Use Areas. It requires that development provide for a variety of uses in mixed or single use buildings. New developments should contribute to a mix of uses in the city; provide appropriate transitions to areas of different intensities and scales; and provide an attractive public realm. Policies encourage new development to take advantage of existing and planned infrastructure, such as community facilities, transit, and recreation space.

40The Subject Lands are designated Mixed Use Area according to Map 17 of the City OP. The settlement proposal provides a mix of uses on the Subject Lands including, residential, office and retail. Transitions are provided to the west and south to mitigate potential adverse impacts on the privacy of existing residential developments.

41Building A has a setback of 1.9 m from the property line along Eglinton Avenue East and between 1.5 m and 3.0 m from Brownlow Avenue, while Building B has a setback of 1.8 m from Eglinton Avenue East. The setback along Eglinton Avenue East includes a glass canopy to mitigate wind conditions and provide a more comfortable pedestrian experience.

42The proposed podium of Building A is five-storeys. The tower of Building A has a setback of 5.0 m from the property line along Eglinton Avenue East, while Building B has a minimum setback of 7.37 m. From Brownlow Avenue, the tower of Building A has a setback varying between 1.50 m and 3.0 m. Building B has a setback of 1.0 m from the west property line.

43The proposed development is compatible with its surrounding context, and provides appropriate transitions to areas with lower development density and the public realm.

Yonge-Eglinton Secondary Plan ("YESP")

44In Mr. Sajecki’s opinion, the YESP, (which came into effect in June 2019) encourages greater density and intensification around MTSA’s and strategic growth locations. The YESP applies to Midtown (the Yonge-Eglinton area) with the goals of creating a complete community that optimizes transit and sustainability. Section 2 of the YESP sets out the urban structure for the Yonge-Eglinton Area.

45The Subject Lands are located within the Eglinton Green Line (Special Place) Character Area as per Map 21-2. They are within 250 m of the Eglinton Crosstown Station and within the Midtown Transit Station Area Secondary Zone as per Map 21-3. The Subject Lands are within the Mount Pleasant MTSA.

46According to Policy 2.4.2, a Secondary Zone is defined as an area "that supports transit-supportive development in a compact urban form and a mix of uses in Midtown."

47Policy 2.4.1.2 requires that development within the Midtown Transit Station Areas contain a diverse mix of uses to support transit service, and Policy 2.4.1.3 requires the highest densities be located in proximity to higher order transit stations.

48As per Policy 2.4.4, the Mount Pleasant MTSA is expected to achieve or exceed the density target of 350 residents and jobs per ha.

49The Subject Lands are within Mixed Use Area ‘A’ as per Map 21-4. Mixed Use Areas ‘A’ are identified as Midtown’s premier locations for intensification and mixed-use development as per Policy 2.5.3.

50Policy 2.5.4 requires that tall buildings replacing existing office uses provide 100% replacement of the office GFA. The office GFA replacement for both Building A and Building B will be provided in Building A.

51The settlement proposal includes a mix of residential, office and retail uses that contribute to the creation of a complete community in proximity to an existing subway station and an under-construction LRT Station. It adds an additional 698 residential units, 2,765 m² of office space and 844 m² of retail space in an area well-connected to existing and planned transit infrastructure with access to existing community amenities.

52Section 3 of the YESP outlines policies to contribute to vibrant, attractive and safe parks and the public realm.

53Landscaping features are provided along Eglinton Avenue East, within the public boulevard along the retail entrances and along Brownlow Avenue, adjacent to the residential and office entrances.

54At the intersection of Eglinton Avenue East and Brownlow Avenue, the ground floor is setback 3.5 m from the north and 3.0 m from the east to articulate the building at the intersection and create a prominent retail entrance.

55Section 4 outlines mobility policies, requiring that existing midblock connections be improved with lighting, signage and landscaping.

56A 3.0-m pedestrian walkway is proposed at the rear to provide a midblock connection and improve active transportation connectivity around the Subject Lands.

57Section 5 of the YESP directs built form in the Yonge-Eglinton Area.

58The proposed development is compatible with the surrounding context and conforms to heights permitted in the YESP. The podiums and towers incorporate setbacks and step backs to minimize potential adverse impacts on the surrounding lands.

59Section 5.3 outlines policies for low-rise, mid-rise and tall buildings, as well as infill development, in Midtown. Policies require that tall buildings be consistent with existing and planned surrounding developments, animate and promote the use of adjacent streets, parks and open spaces, and provide adequate transition to lower- scale developments.

60Base buildings of tall buildings must be a maximum of eight-storeys and should step back along street frontages above the six-storey in the Eglinton Green Line Character Area. Base buildings should also ensure consistent or compatible streetwall. Additional storeys may be permitted for the base buildings of tall buildings provided they step back from all sides of the base building.

61Section 5.4 outlines anticipated building heights for each character area. For the Eglinton Green Line character area, building heights are anticipated to be between 40 and 55-storeys west of Redpath Avenue and between 30- and 40-storeys east of Redpath Avenue.

62The settlement proposal includes 52- and 20-storey buildings with eight-storey podiums and has minimal adverse impacts on the surrounding developments and public realm. Potential impacts of shadowing, wind and noise can be mitigated with recommended mitigation measures. The Shadow Study by IBI, dated June 17, 2022, demonstrated that a 40-storey tower on the Subject Lands resulted in extremely minimal divergence from the policies outlined in s. 5.6.

63A number of amenities are available within walking distance of the Subject Lands, including retail stores, restaurants, recreation facilities (parks and trails), community services and facilities, medical services, and institutional uses.

64Section 7 discusses housing policies, requiring developments with more than 80 new residential units to include a minimum of 10% three-bedroom units. An additional 15% of the total units are required to be a combination of two-bedroom and three- bedroom units, or units that can be converted through adaptable design measures.

65The settlement proposal contributes to a range and mix of unit types and sizes in the city. Building A and Building B will both meet the unit mix requirements as set out in s. 7.1 of the YESP, which requires:

a) a minimum of 15% of the total number of units as two-bedroom units;

b) a minimum of 10% of the total number of units as three-bedroom units;

c) an additional 15% of the total number of units will be a combination of two-bedroom and three-bedroom units, or units that can be converted to two- bedroom and three-bedroom units through the use of adaptable design measures.

66In Mr. Sajecki’s opinion, the settlement proposal conforms to the policies in the YESP.

Zoning By-law No. 569-2013

67Mr. Sajecki stated that City of Toronto Zoning By-law No. 569-2013 ("Zoning By-law") regulates the use of land, buildings and structures in Toronto and implements policies in the City OP. It was enacted on May 9, 2013, and was appealed under s.34(19) of the Act. Presently, most provisions of the Zoning By-law are now in force, including the majority of regulations for the Commercial Residential (CR) zone.

68The Subject Lands are zoned Commercial Residential (CR 5.0 (c3.0; r3.0) SS2) with Site-Specific Exception CR 2497. An amendment to the Zoning By-law is required to permit the additional height and density, and to establish appropriate performance standards for the proposed development.

69The draft ZBA will include regulations to permit heights up to 52-storeys; commercial uses, including office and retail; and other built form standards to permit the proposed development.

70The final form and content of the draft Zoning By-law will be finalized prior to the issuance of the Tribunal’s Final Order.

Tall Buildings Design Guidelines

71Mr. Sajecki gave an overview of the Guidelines. Section 1 of the Guidelines outlines recommendations related to the site context including, but not limited to, fit and transition in scale, and sunlight and sky views. Section 1.4 recommends orienting tall buildings to protect access to sunlight and sky views within streets, parks and open spaces.

72Section 2 of the Guidelines outlines recommendations pertaining to the organization of the site and its layout in relation to building placement, entrances, servicing, access, parking, open spaces, pedestrian and cycling connections and public art.

73Section 3 of the Guidelines outline the building design for the base, middle and tower portions of a tall building.

74Section 4 of the Guidelines outlines recommendations in relation to the pedestrian realm.

75The settlement proposal includes slender buildings with the average tower floor plate having a gross construction area of 760 m² for Building A, while the average building floor plate is 620.5 m² for Building B.

76The podium and tower setbacks from Eglinton Avenue East are consistent with the development to the west and contributes to a consistent streetwall. Building A steps back above the podium above the eight-storey, while Building B steps back above the six-storey, eight-storey and the 17-storey. Building A has a height of 178.20 m and Building B has a height of 69.25 m. Building B provides a transition downwards from the Eglinton Avenue East and Brownlow Avenue intersection to the existing 33-storey tower to the west of the Subject Lands. The tower portion of Building B has a setback of 1.0 m from the west property line. From the rear property line, a minimum setback of 10.33 m is proposed to provide a transition in scale to the low-rise residential area to the south.

77The buildings are located to frame the Eglinton Avenue East and Brownlow Avenue intersection, with retail entrances along Eglinton Avenue East and residential and office entrances along Brownlow Avenue. The corner of Building A is articulated by introducing greater setbacks with a 3.5-m setback from Eglinton Avenue East, and a 3.0-m setback from Brownlow Avenue. A 6.0-m corner rounding is also proposed. This creates a more pedestrian-friendly and walkable environment at the intersection and makes the retail area more prominent and accessible.

78The proposed development envisions an 8.0-m sidewalk zone along Eglinton Avenue East. Raised planters with benches and decorative unit paving is located between the pedestrian clearway and Eglinton Avenue East. Additional landscaping and unit paving are also located along the residential entrance along Brownlow Avenue.

79Mr. Sajecki concluded that the settlement proposal represents good planning and that the proposed ZBA is consistent with the PPS and conforms with the Growth Plan, and the City OP, including the YESP. He recommended approval of the requested ZBA with final order withheld pending fulfillment of agreed conditions.

80The Tribunal agrees that, in accordance with the relevant Provincial and Municipal policies, the settlement proposal provides for an appropriate level of intensification. The subject property is located in an SGA, within the urban built boundary, along a major street with transit service bus routes, near to planned higher-order transit LRT Station for the under construction Eglinton Crosstown and proximate to the Yonge-University Subway Line.

81The applicable policies support residential and employment intensification on the subject site. The policy directions emphasize the efficient and optimal use of land and infrastructure and transportation planning. The Tribunal finds that creating housing options and employment opportunities by optimizing land use and infrastructure in this area well served by transit, is in the public interest.

82The Tribunal finds that the settlement proposal’s built form is in keeping with the built form policies of the City OP and the YESP. The building design provides an appropriately scaled streetwall height with setbacks providing a comfortable public realm along Eglinton Avenue East and Brownlow Avenue.

83The Tribunal finds that the massing and proposed podium height is appropriate with active uses at grade, consistent with the public realm policies of the YESP. The proposed towers’ design adequately limit shadow impacts on the surrounding streets and adjacent properties. The proposed development conforms to the built form and massing policies of the City OP and the YESP and maintains the intent of the relevant Design Guidelines.

84The Tribunal agrees that the proposal results in a complete community, supports an increase of a range of residential unit sizes and ultimately increases the housing supply by adding 698 residential units to assist in meeting the municipal targets.

85The Tribunal finds that in this site location, the proposed development’s height, density, massing and the built form are appropriate for the existing and planned context of the area.

CONCLUSION

86The Tribunal finds that, in keeping with Provincial and Municipal policy objectives, the proposed development makes efficient use of land and infrastructure. The building’s compact design aligns with the City OP policies in optimizing infrastructure in higher order transit resources within the MTSA, and appropriately develops the subject property. The well-designed 52-storey and 20-storey tower built form is compatible with the existing mixed use and residential buildings in the vicinity. The proposal provides transition to the 33-storey building to the west and the residential neighbourhood to the south. The proposed development frames the streets in good proportion and is appropriately located at the corner intersection of Eglinton Avenue East and Brownlow Avenue.

87This proposal is in an SGA and an MTSA where intensification, residential and employment growth is prioritized. The proposed development optimizes an underutilized land use, protects and enhances the streetscape of the neighbourhood character. The proposed development will increase the residential range and housing supply consistent with Municipal and Provincial objectives.

88The Tribunal accepts Mr. Sajecki’s opinion evidence and finds that the ZBA is substantially in accordance with the plans found in Exhibit 1 at Exhibit E. The application has regard to matters of provincial interest found in s. 2 of the Act (in particular: 2(h) the orderly development of safe and healthy communities; 2(j) the adequate provision of a full range of housing; 2(p) the appropriate location of growth and development; 2(q) the promotion of development that is …sustainable, support public transit..; and 2(r) the promotion of built form that is well designed…, is consistent with the PPS and conforms to the Growth Plan, the City OP and the YESP. It maintains the intent of the Zoning By-law and applicable guidelines. The Tribunal finds that the proposal represents good land use planning and is in the public interest.

89Having heard and considered the uncontested testimony, documents, and evidence, the Tribunal will allow the appeal in part and withhold final order subject to the conditions as set out below.

INTERIM ORDER

90Accordingly, the Tribunal Orders that:

1. The appeal is allowed in part and the Zoning By-law Amendment is approved in principle, substantially in accordance with the architectural plans and drawings referred to in Exhibit 1 at Exhibit E.

2. The Tribunal will withhold its Final Order until the Tribunal has been advised by the City Solicitor that the following conditions have been satisfied:

a. the final form and content of the draft Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the execution of the Limiting Distance Agreement as between the City and the owners of Building A and Building B;

c. the applicant/appellant has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director Engineering and Construction Services;

d. the applicant/appellant has addressed all outstanding issues raised by Urban Forestry Tree Protection Review as they relate to the revised application to the satisfaction of the Supervisor, Tree Protection and Plan Review;

e. the applicant/appellant has explored the potential to secure 5000 square feet and 10,000 square feet (465 metres squared to 929 metres squared) of visible and accessible community space on the ground floor of the Subject Lands for human service and/or community agencies to the satisfaction of the Director, Strategic Initiatives, Policy and Analysis;

f. the applicant/appellant has provided revised statistics to confirm unit mixes and counts that conform with the Yonge Eglinton Secondary Plan (section 7.1) and have consideration for the Growing Up Urban Design Guidelines with respect to the unit mixes to the satisfaction of the Chief Planner and Executive Director, City Planning.

3. The Tribunal be furnished a copy of the final draft Zoning By-Law Amendment for review and approval for attachment to the Final Order; and

4. The Member remains seized for reviewing and approving the Final Draft Zoning By-law Amendment and issuance of the Final Order

"T.F. Ng"

T.F. NG

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.