Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 31, 2024
CASE NO(S).: OLT-23-000875
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: ABC Residents Association
Applicant: NDI (1Roxborough Street West) Inc.
Subject: Proposed Official Plan Amendment
Description: To permit a 12-storey mixed-use building with a total of 28 residential units
Reference Number: 22 154014 STE 11 OZ
Property Address: 1080 – 1088 Yonge Street
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-000875
OLT Lead Case No.: OLT-23-000875
OLT Case Name: ABC Residents Association v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: ABC Residents Association
Subject: By-law No. 761-2023
Description: To permit a 12-storey mixed-use building with a total of 28 residential units
Reference Number: 22 154014 STE 11 OZ
Property Address: 1080 – 1088 Yonge Street
Municipality/UT: Toronto / Toronto
OLT Case No.: OLT-23-000876
OLT Lead Case No.: OLT-23-000875
Heard: July 17, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| ABC Residents Association | Andrew Biggart (in absentia) |
| NDI (1 Roxborough Street West) Inc. | Max Laskin David Bronskill (in absentia) |
| City of Toronto | Gabe Szobel Marc Hardiejowski (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS ON JULY 17, 2024 AND FINAL ORDER OF THE TRIBUNAL
1The Tribunal convened a Settlement Hearing with respect to appeals brought by ABC Residents Association (“Appellant”) pursuant to s. 17(36) and s. 34(19) of the Planning Act against Council’s approval of Official Plan Amendment 671 (“OPA”) and Zoning By-law 761-2023 (“ZBA”) for the properties municipally addressed as 1080, 1082, 1084, 1086, and 1088 Yonge Street (“Subject Property”) located in the City of Toronto (“City”).
2The Subject Property is located at the southwest corner of Roxborough Street and Yonge Street, approximately 120 m north of the Rosedale Subway Station. The Subject Property is generally rectangular with an approximate area of 1,184.5 square metres (“m²”) with a frontage of approximately 38.16 metres (“m”) on Yonge Street and a depth of approximately 29.24 m. The Subject Property backs onto Paul Hahn Lane. The existing two-storey commercial building on site is proposed to be demolished.
3On May 16, 2022, NDI (1 Roxborough Street West) Inc. (“Applicant”) submitted OPA and ZBA applications for the Subject Property. The City deemed the applications complete on June 2, 2022, as of the submission date.
4On July 19, 2023, Council adopted the OPA and ZBA.
5On July 28, 2023, the OPA and ZBA applications were appealed to the Tribunal by the Appellant.
6The purpose of the OPA is to permit the construction of a twelve-storey Mixed-Use building where Site and Area Specific Policy No. 211 requires the development in the “Yonge Street Corridor north of Ramsden Park” area to maintain the existing character of mainly three-storey buildings built to the street line with shops at street level.
7The purpose of the ZBA is to permit an overall building height of 50.07 m to the top of the mechanical penthouse with 25 dwelling units, a retail GFA of 538 m2, and a commercial GFA of 830 m2. An indoor amenity space of approximately 59 m2 is to be provided on the second floor adjacent to an outdoor amenity space of 85 m2. The proposed Floor Space Index (“FSI”) is 7.03. 4 levels of underground parking are proposed to provide 71 vehicular parking spaces. 41 bicycle parking spaces are proposed. The entrance to the underground garage is to be accessed from Roxborough Street West via Paul Hahn Lane. Paul Hahn Lane is proposed to be widened by a strip of 0.76 m to 1.67 m. The ZBA would allow for certain performance standards to be permitted regarding building height, building setbacks, building stepbacks, gross floor area, and floor space index.
8At the commencement of the hearing, despite having received notice of the hearing and being copied on all materials filed with the Tribunal, Counsel for the Appellant was not in attendance. In accordance with Rule 3 of the Ontario Land Tribunal Rules of Practice and Procedure, the hearing was not commenced for a period of fifteen minutes. Andrew Biggart, Counsel for the Appellant, advised the Tribunal in writing via an email to the Case Coordinator at 10:23 a.m. that his client supports the settlement and requests that it be approved by the Tribunal. On that basis, the hearing continued in the absence of Counsel for the Appellant.
9Max Laskin, Counsel for the Applicant, advised that the Parties have reached a settlement and are requesting that the Tribunal dismiss the appeal of the OPA and approve the Revised ZBA. The Revised ZBA (“RZBA”) corrects technical errors in the ZBA adopted by Council and is found in ‘G’ of the Affidavit of Talia Ocean dated July 15, 2024, which was entered as Exhibit 1.
10Gabe Szobel, Counsel for the City, advised that the OPA is unchanged from that adopted by Council. Mr. Szobel also confirmed that the technical corrections in the RZBA have been reviewed by City staff, do not impact the built form of the proposal, and are supported by the City.
LEGISLATIVE TESTS
11The Tribunal, in carrying out their responsibilities, shall have regard to, among other matters, matters of provincial interest as set out in s. 2 of the Act.
12A Decision of the Tribunal in respect of any authority that affects a planning matter, shall be consistent with the Provincial Policy Statement, 2020 (“PPS”) and shall conform with or shall not conflict with the Growth Plan for the Greater Golden Horseshoe, 2020 (“GP”) as set out in s. 3(5) of the Act.
13Any Decision of the Tribunal shall be made pursuant to s. 24(1) of the Act, in that where an Official Plan is in effect, no By-law shall be passed for any purpose that does not conform therewith.
PLANNING EVIDENCE
14The Tribunal qualified Talia Ocean to provide expert opinion evidence in the discipline of land use planning with respect to the OPA and RZBA.
Matters of Provincial Interest
15Ms. Ocean provided her analysis of how the OPA and RZBA had regard for the relevant matters of provincial interest as set out in s. 2 of the Act, specifically j, k, l, p, q, and r. Ms. Ocean provided her opinion that the OPA and RZBA have had regard for the relevant matters of provincial interest that are set out in s. 2 of the Act.
Provincial Policy Statement (“PPS”)
16Ms. Ocean reviewed her evidence regarding the OPA and RZBA’s consistency with the PPS. Specifically, Ms. Ocean provided that the OPA and RZBA will provide intensified and optimized development that is transit supportive. Ms. Ocean stated that the Subject Property is currently an underutilized site in a location planned for mixed-use growth and is close to existing rapid and surface transit. Ms. Ocean stated that the proposed compact form of development will provide a supply of housing units – including a high proportion of units that have two or more bedrooms – in a location that is very well served by public transit, and which supports the considerable public investment in the existing public transit infrastructure.
17Ms. Ocean provided her opinion that the OPA and RZBA are consistent with the PPS.
Growth Plan for the Greater Golden Horseshoe (2020) (“GP”)
18Ms. Ocean reviewed her evidence regarding the conformity of the OPA and RZBA’s with the GP. Specifically, Ms. Ocean provided that the OPA and RZBA will,
- Accommodate a compact, intensified, transit-supportive, pedestrian oriented urban form.
- Make more efficient use of, and optimize the land base and infrastructure in a location well served by high order public transit and within very close proximity to areas of employment, recreation, shops, and services.
- Contribute to a range and mix of housing options, as over 25 percent of the units are two or more bedrooms, five of which are four-bedroom units.
- Introduce a residential development on an underutilized site within the proposed Rosedale Station Protected Major Transit Station Area (“PMTSA”), contributing to a complete community.
- Contribute to the municipality achieving its minimum growth targets, as set out in the Growth Plan and the Rosedale Station PMTSA.
19Ms. Ocean provided her opinion that the OPA and RZBA conform with the GP.
City of Toronto Official Plan (“OP”)
20Ms. Ocean provided her analysis with respect to the OPA and RZBA’s conformity to the OP. Ms. Ocean explained that the OP designates the Subject Property as Mixed Use Areas and identifies the site as being located within the Downtown. Ms. Ocean advised that the Subject Property is also designated Mixed Use Areas 3 – Main Street in the Downtown Plan (OPA 406), which permits the uses and scale of development proposed. Ms. Ocean stated that the Subject Property is within Site and Area Specific Policy (“SASP”) 211 within which it is identified as being within the Yonge Street Corridor north of Ramsden Park special identity area. Ms. Ocean explained that this SASP envisions the tallest heights being located towards the Yonge Street and Bloor Street intersection. Ms. Ocean summarized that with respect to OP conformity, the OPA and RZBA will,
- Implement the proposed, although not yet Ministerially approved, Rosedale Station PMTSA minimum density target of 2.0 FSI for the subject site and a minimum population and employment target of 200 residents and jobs combined per hectare.
- Fulfill the main objectives for Downtown, providing a higher density, mixed-use development that will contribute to the housing stock of the area and support the significant public investment in the existing transit infrastructure. The redevelopment proposal provides a range of unit sizes and types to accommodate the growth planned for the Downtown. The design will accommodate pedestrians and cyclists and will provide a high-quality public realm, including active uses on both frontages, all in accordance with the growth management policies.
- The height, massing of the different elements, and urban design features of this proposal have been carefully and thoughtfully deployed in consideration of the interrelationship of the surrounding area context of the subject site, including its relationship to the closest Neighbourhoods designated lands. In this case, the Neighbourhoods lands are located to the west, separated by the Paul Hahn laneway. The subject site is separated by an average of approximately 8.0 m to the closest Neighbourhoods lands to the west and appropriate stepbacks and additional privacy screenings are deployed. From levels 9 to 12, a stepback is provided to create an approximate 9.6 m separation distance to the west. In view of the above, the proposal strikes a good balance of creating a transit supportive and optimal redevelopment while ensuring that it is compatible, and it adequately limits any potential adverse planning impacts on the closest Neighbourhoods lands.
21Ms. Ocean provided her opinion that the OPA and RZBA are in general conformity with the OP.
22Ms. Ocean outlined how the concerns of Participant Frank Copping have been considered and addressed. Ms. Ocean stated that the proposal has been carefully designed to include primarily inset corner balconies as well as additional privacy screenings and planting buffers, to adequately mitigate perceived privacy concerns on adjacent sites. It was Ms. Ocean’s opinion that the OPA and RZBA would result in a well-designed site with appropriate height, density, and a built form that addresses all expressed issues.
Concluding Planning Opinion
23Ms. Ocean provided a summary of her professional planning opinion, that the OPA and RZBA represent good planning and are in the public interest as they:
- Have appropriate regard to matters of provincial interest in s. 2 of the Act,
- Are consistent with the Provincial Policy Statement,
- Conform to the Growth Plan for the Greater Golden Horseshoe, and
- Generally, conform to the City of Toronto Official Plan.
24Ms. Ocean provided her recommendation to the Tribunal that the OPA and RZBA be approved.
TRIBUNAL ANAYLYSIS AND FINDINGS
25The Tribunal accepts the uncontroverted planning opinion evidence of Ms. Ocean in its entirety and finds that the OPA and RZBA (included as Attachment 1) meets all the relevant tests of s. 2 of the Act, is consistent with the Provincial Policy Statement, conforms with or does not conflict with the Growth Plan, is in general conformity with the Toronto Official Plan, represent good planning, and are in the public interest.
ORDER
26THE TRIBUNAL ORDERS THAT the appeal is dismissed and Amendment No. 671 to the Official Plan for the City of Toronto is approved.
27THE TRIBUNAL ORDERS THAT the appeal against By-law 761-2023 of the City of Toronto is allowed in part and By-law 569-2013 is amended as set out in Attachment 1 to this Order. In all other respects, the Tribunal orders the appeal is dismissed.
28The Tribunal authorizes the municipal Clerk to format the zoning by-law as may be necessary and assign a number for record-keeping purposes.
“Astrid J. Clos”
ASTRID J. CLOS 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.