Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 14, 2024

CASE NO.: OLT-23-000596

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

Applicant and Appellant: Queenscorp (Royal York) Inc.

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

Description: To permit a 967-unit mixed use development

Reference Number: 22 144668 WET 03 OZ

Property Address: 2-10 Queen Elizabeth Blvd., 506-522 Royal York Rd and 3-15 Sinclair St

Municipality/UT: City of Toronto / City of Toronto

OLT Case No.: OLT-23-000596

OLT Lead Case No.: OLT-23-000596

OLT Case Name: Queenscorp (Royal York) Inc. v. Toronto (City)

BEFORE: M.A. SILLS, VICE CHAIR

Wednesday, the 14th day of August, 2024

THIS APPEAL having come on for a public hearing on Augst 12, 2024, and the Ontario Land Tribunal (the “Tribunal”) having heard opinion evidence in the area of land use planning that the appeal by Queenscorp (Royal York) Inc. (the “Appellant”) under subsection 34(11) of the Planning Act (the “Appeal”) should be allowed, in part, and that the planning instrument attached as Schedule A for the proposed redevelopment of the lands known municipally as 2-10 Queen Elizabeth Blvd., 506-522 Royal York Rd. and 3-15 Sinclair St., Toronto should be approved in principle.

THE TRIBUNAL HEREBY ORDERS that:

The Appeal is allowed in part.
The Zoning By-law Amendment attached to this Order as Schedule A is approved in principle.
The final Order(s) approving the Zoning By-law Amendment is withheld until such time as the City Solicitor advises that:

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 owner has submitted a Functional Servicing Report to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the owner has submitted revised architectural plans that includes the disclaimer as outlined in Section A 2.1 of the memorandum from Engineering and Construction Services, dated February 23, 2023, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d. the owner has submitted a revised Hydrogeological Assessment Report and Hydrological Review Summary Form to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the owner has made satisfactory arrangements with Engineering and Construction Services and has entered into the appropriate agreements with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that the proposed development alone necessitates upgrades to the infrastructure to support the proposed development, according to the accepted Functional Servicing Report and Traffic Impact Study to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

f. the owner has revised the relevant plans and drawings to provide space within the development for the installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law, Chapter 681-10, and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

g. the owner has submitted a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning;

h. the submitted Land Use Compatibility/Mitigation Study (Air Quality and Noise), dated December 19, 2022, prepared by RWDI Consultants, and any updates to same to reflect the revised development, have been peer reviewed by a third-party consultant to confirm that the proposed Core Employment Areas and General Employment Areas uses are compatible with the proposed residential uses, as required by Site and Area Specific Policy 807, and that the owner agrees to implement any necessary air quality, noise or land use compatibility control measures and recommendations identified through the peer review, with the control measures to be secured through the Site Plan Control process, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

i. the submitted Noise and Vibration Impact Study, dated December 19, 2022, prepared by GHD Consultants, and any updates to same to reflect the revised development, have been peer reviewed by a third-party consultant and that the owner agrees to implement appropriate noise and vibration control measures and recommendations identified through the peer review, with the control measures to be secured through the Site Plan Control process, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

j. the owner has entered into one or more agreements, including a restriction pursuant to Section 118 of the Land Titles Act registered on title to the lands, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning to secure how the affordable housing requirements would be provided in the development;

k. the owner has secured an acceptable Tenant Relocation and Assistance Plan for tenants of the existing rental dwelling units proposed to be demolished, addressing financial compensation and other assistance to lessen hardship, and the Tenant Relocation and Assistance Plan shall be to the satisfaction of the Chief Planner and Executive Director, City Planning and implemented prior to the issuance of Notice of Approval Conditions for Site Plan Control approval. This requirement only applies to an Order that includes 506 Royal York Road as that is the only property containing residential tenants;

l. the owner has provided a legal undertaking to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the Tenant Relocation and Assistance Plan as required in (k). above. This requirement only applies to an Order that includes 506 Royal York Road as that is the only property containing residential tenants;

m. the owner has revised the site plan and architectural drawings to provide adequate space for a bus shelter and bus operations located at Royal York Road south of Sinclair Street to replace the existing stop located along the frontage of the site to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the Chief Executive Officer, Toronto Transit Commission;

n. the owner has revised the site plan and architectural drawings to provide an adequate Wheel-Trans drop-off area (which for Building A1 & A2 can be within the Queen Elizabeth Boulevard right-of-way as illustrated on Drawing RZ005, Site Plan / Roof Plan, Turner Fleisher dated Architects Inc. (dated June 4, 2024) and provide a Vehicular Maneuvering Diagram to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the Chief Executive Officer, Toronto Transit Commission;

o. the owner has submitted a revised Energy Strategy Report to the satisfaction of the Executive Director, Environment and Climate Division;

p. the owner will revise the relevant plans and drawings to the satisfaction of the Chief Planner and Executive Director, City Planning for the development to achieve Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the Site Plan Control application for each building;

q. the owner has submitted a revised Arborist Report and Tree Preservation Plan to the satisfaction of the General Manager, Parks, Forestry and Recreation;

r. the owner has agreed to provide an on-site parkland dedication in a size, location and configuration that is to the satisfaction of the General Manager, Parks, Forestry and Recreation;

i. In the event that the owner has diligently pursued a Record of Site Condition from the Province but the RSC has not been issued prior to the owner seeking issuance of the first above-grade building permit for the development, the General Manager, Parks, Forestry and Recreation may, at their sole discretion and to their satisfaction, allow the provision of the parkland dedication on a different date;

s. the owner has submitted a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning;

t. the owner has submitted revised site plan and architectural drawings to illustrate the required public sidewalk widths and on-site passenger pick-up and drop-off facilities as outlined in Section A 1.2, 1.3, 1.4 and 1.8 (except that for Buildings A1 & A2, the pick-up and drop-off can be located on Queen Elizabeth Boulevard as illustrated on Drawing RZ005, Site Plan / Roof Plan, Turner Fleisher Architects Inc. dated June 4, 2024) of the memorandum from Engineering and Construction Services, dated October 30, 2023, to the satisfaction of the General Manger of Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services;

u. the owner has applied to Transportation Services and obtained City Council's approval on the closure and purchase of the City-owned lands included as part of the development site and entered into and finalized any appropriate agreements with the City to purchase City-owned lands; and

v. the owner has revised the site plan and architectural drawings to illustrate the required road widening of 0.39 metres along 520-522 Royal York Road to be conveyed through the Site Plan Control review process to the satisfaction of the General Manager, Transportation Services, and the City Solicitor.

The final Order(s) may be issued in phases; and
The Tribunal may be spoken to in the event any matter or matters should arise in the connection with the implementation of this Order.

“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

SCHEDULE A

Authority: Ontario Land Tribunal Decision issued on Enter OLT Decision/Order Date and Ontario Land Tribunal Order Issued on Enter OLT Decision/Order Date in Tribunal File OLT-23-000596.

CITY OF TORONTO

BY-LAW [Clerks to insert By-law number] (OLT)

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 2, 7 and 10 Queen Elizabeth Boulevard, 506, 514, 516, 520 and 522 Royal York Road, and 3, 5, and 15 Sinclair Street.

Whereas the Ontario Land Tribunal, in its Decision issued on Enter OLT Decision/Order Date and its Order issued on Enter OLT Decision/Order Date on File OLT-23-000596, in hearing an appeal under section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, ordered the amendment of Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 2, 7 and 10 Queen Elizabeth Boulevard, 506, 514, 516, 520 and 522 Royal York Road, and 3, 5, and 15 Sinclair Street.

Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, R.S.O 1990, c. P. 13 to pass this By-law, and

The Ontario Land Tribunal, by Order, amends Zoning 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 adding the lands subject to this By-law to the Zoning By-law Map in Section 990.10 and applying the following zone label to these lands OR, E (xXXX), CR (xYYY), and CR (xZZZ) as shown on Diagram 2 attached to and forming part of this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Policy Overlay Map in Section 995.50, as shown on Diagram 3 attached to and forming part of this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Lot Coverage Overlay Map in Section 995.30, as shown on Diagram 4 attached to and forming part of this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Height Overlay Map in Section 995.20 and applying the following height label to these lands: HT XX.0, as shown on Diagram 5 attached to and forming part of this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Rooming House Overlay Map in Section 995.40, applying the following rooming house label to these lands: A1, as shown on Diagram 6 attached to and forming part of this By-law.
Zoning By-law 569-2013, as amended, is further amended by including the lands zoned CR (xYYY) and CR (xZZZ) subject to this By-law subject to regulation 600.30.10(3).
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.20.10 Exception Number (xXXX) so that it reads:

Exception E (xXXX)

The lands, or a portion thereof as noted below, are subject to following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.

Site Specific Provisions:

(A) Despite Regulation 40.10.20.10 a temporary sales office and commercial parking garage shall be permitted on the lands shown in Diagram 1;

(B) For the purposes of (A) above, each word or expression that is in bold font in the By-law shall have the same meaning as each such word or expression as defined in By-law No. 569-2013, with the exception of the following terms:

i. “temporary sales office” shall mean a building, structure, facility or trailer on the Lands used for the purpose of the sale of dwelling units to be erected on the Lands.

ii. “commercial parking garage” means the premises having an area for the parking of one or more vehicles as a principal use and the parking of a vehicle is available for public use with or without a fee.

Self-storage warehouse Medical office Temporary sales office Contractor’s establishment Public parking Art Gallery Community Centre Courts of Law Library Massage Therapy Museum Personal Service Shop Post-Secondary School Religious Education Use Veterinary Hospital Wellness Centre Amusement Arcade Club Entertainment Place of Assembly Funeral Home Hotel Nightclub Outdoor sales of Display Place of Assembly Place of Worship Private School Vehicle Dealership

(D) Despite clause 60.20.20.20(1), the permitted uses are permitted without condition;

(E) The minimum gross floor area in the E(xXXX) zone shall be 5,000 square metres.

(F) Despite clause 60.20.50.10, the lot line abutting Queen Elizabeth Boulevard must have a minimum 1.5 metre wide strip of soft landscaping along, excluding land used for driveways and walkways.

(G) Despite any regulation in Zoning By-law 569-2013, the minimum setback from any building in the E(xXXX) zone to the CR(xYYY) zones is none.

(H) Despite any regulation in Zoning By-law 569-2013, the lands zoned E(xXXX) may be used for underground parking, above ground parking, loading, service, access, and/or mechanical facilities to serve the uses on the abutting CR(xYYY) and/or CR(xZZZ) zones.

(I) Despite the Height Overlay Map in Section 995.20, a building or structure must not exceed the maximum height in metres specified by the numbers following the "H" symbol as shown on Diagram 7 of By-law [Clerks to insert By-law number].

(J) Despite the Height Overlay Map in Section 995.20, a building or structure must not exceed the maximum height in metres specified by the numbers following the "H" symbol as shown on Diagram 7 of By-law [Clerks to insert By-law number].

(K) Despite (J) above, the following elements of a building may exceed the maximum permitted height shown on Diagram 7 of By-law [Clerks to insert By-law number], to a maximum of:

i. 7.5 metres for a mechanical penthouse and mechanical screen;

ii. 3.0 metres, for a structure on the roof of the building used for outside or open air recreation, roof drainage, insulation and roof surface materials, roof top access hatches or stairs, stair enclosures, mechanical equipment and any associated enclosures or structures, air shafts, wind and privacy screens, pergolas, ornamental elements, balcony, parapets and terrace guards and dividers, railings, building maintenance unit,

iii. 7.5 metres for elevator overruns, chimneys, stacks, heating and cooling equipment, ventilation equipment, maintenance and safety equipment, window washing equipment on the roof of the building, antennae, satellite dishes, and green roofs associated with elevator enclosures and overruns.

iv. the projections are permitted in Regulations 40.5.40.10(3)-(7) unless such projections are included in (i), (ii) or (iii) above, in which case (i), (ii) and (iii) governs.

(L) Despite Clauses 40.10.40.70 and 40.10.40.80, the required minimum building setbacks are shown on Diagram 7 of By-law [Clerks to insert By-law number];

(M) Despite (L) above, the following elements of a building may encroach into a required building setback a maximum of:

i. 2.0 metres, for eaves, cornices, windowsills, lighting fixtures, awnings, canopies, architectural features, ornamental elements, parapets, terraces, guardrails, balustrades, bollards, railings, wheelchair ramps, stairs, stair enclosures, vents, shafts, chimneys, mechanical fans, satellite dishes, retaining walls, curbs, underground garage ramps and their associated structures, stairs, stairs landings, stair enclosures or covers, fences, privacy screens, mechanical and architectural screens, bicycle parking;

ii. 3.0 metres for canopies, trellises and wind protection features;

iii. 2.5 metres for balconies and balcony roofs;

iv. window projections, including bay windows and box windows, and Juliet balconies to a maximum extent of 2.5 metres.

v. the encroachments in Clause 40.10.40.60 are permitted unless such encroachments are included in (i), (ii), (iii) or (iv) above, in which case (i), (ii), (iii) or (iv) governs;

Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number (xYYY) so that it reads:

Exception CR (xYYY)

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) Despite clauses 40.10.20.10 and 40.10.20.20, the following uses are also permitted:

Self storage warehouse Public parking Animal Shelter Bindery Carpenter’s Shop Cold Storage Contractor’s Establishment Dry Cleaning or Laundry Plant Industrial Sales and Service Use Kennel Warehouse Wholesaling Use Body Rub Service Recovery Facility Vehicle Washing Establishment Education Use Software Development and Processing

(B) Despite clause 40.10.20.20, the permitted uses listed in (1)(A) and (1)(B) are permitted without condition;

(C) Despite Regulation 40.10.20.10 a temporary sales office and commercial parking garage shall be permitted on the lands zoned CR(xYYY);

(D) Despite Regulation 40.10.40.40(1)(B), the total gross floor area of all buildings and structures on the lands must not exceed 62,500 square metres;

(E) Despite Regulation 40.10.40.40(1)(C), the total gross floor area for residential uses must not exceed 62,000 square metres;

(F) The minimum gross floor area of non-residential uses for the lands zoned CR (xZZZ) shall be 500 square metres.

(G) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 102.4 metres to the highest point of the building or structure;

(H) Despite the Height Overlay Map in Section 995.20, a building or structure must not exceed the maximum height in metres specified by the numbers following the "H" symbol as shown on Diagram 7 of By-law [Clerks to insert By-law number];

(I) Despite (G) above, the following elements of a building may exceed the maximum permitted height shown on Diagram 7 of By-law [Clerks to insert By-law number], to a maximum of:

i. 7.5 metres for a mechanical penthouse and mechanical screen;

iv. the projections are permitted in Regulations 40.5.40.10(3)-(7) unless such projections are included in (i), (ii) or (iii) above, in which case (i), (ii) and (iii) governs.

(J) Despite Clauses 40.10.40.70 and 40.10.40.80, the required minimum building setbacks are shown on Diagram 7 of By-law [Clerks to insert By-law number];

(K) Despite (I) above, the following elements of a building may encroach into a required building setback a maximum of:

i. 2.0 metres, for eaves, cornices, window sills, lighting fixtures, awnings, canopies, architectural features, ornamental elements, parapets, terraces, guardrails, balustrades, bollards, railings, wheel chair ramps, stairs, stair enclosures, vents, shafts, chimneys, mechanical fans, satellite dishes, retaining walls, curbs, underground garage ramps and their associated structures, stairs, stairs landings, stair enclosures or covers, fences, privacy screens, mechanical and architectural screens, bicycle parking;

ii. 3.0 metres for canopies, trellises and wind protection features;

iii. 2.5 metres for balconies and balcony roofs;

iv. window projections, including bay windows and box windows, and Juliet balconies to a maximum extent of 2.5 metres.

v. the encroachments in Clause 40.10.40.60 are permitted unless such encroachments are included in (i) or (ii) above, in which case (i) and (ii) governs;

(L) Despite (J) and (K) above, balconies are not permitted to encroach into the area identified by the cross hatching on Diagram 7. Balconies that are inset in this area are permitted.

(M) Despite Regulations 200.5.1(2), parking spaces must be provided and maintained on the lands in accordance with the following maximum requirements:

i. 0.8 for each bachelor dwelling unit up to 45 square metres and 1.0 for each bachelor dwelling unit greater than 45 square metres; and

ii. 0.9 for each one bedroom dwelling unit; and

iii. 1.0 for each two bedroom dwelling unit; and

iv. 1.2 for each three or more bedroom dwelling unit.

v. No parking spaces shall be required for any affordable housing dwelling units.

vi. The parking spaces prescribed by (L) above satisfy the by-law requirement of a maximum rate of 3.5 for each 100 square metres of gross floor area, subject to (M).

(N) Despite Regulations 200.5.1.10(10) and 200.10.1(1) and (2), the parking spaces for residential visitors to a dwelling unit and the non-residential gross floor area required by (L) above, may be shared on a non-exclusive basis;

(O) The minimum number of parking spaces required in (K) above may be reduced by 4 parking spaces for each car-share space provided on the lands; up to a maximum of 4 car-share spaces.

(P) Despite Regulations 200.15.1(1), accessible parking spaces must be provided and maintained on the lands in accordance with the following dimensional requirements:

i. a minimum length of 5.6 metres;

ii. a minimum width of 3.4 metres; and

iii. a minimum vertical clearance of 2.1 metres;

(Q) Despite Regulation 200.15.1(4), accessible parking spaces on parking below grade are not required to be closest to a barrier free passenger elevator that provides access to the first storey of the building or the shortest route from the required entrance to the elevator;

(R) Despite Regulation 200.5.1.10(2), a maximum of 10% of the required parking spaces may have a minimum dimensions of:

i. length of 5.1 metres;

ii. width of 2.4 metres;

iii. vertical clearance of 1.7 metres; and

iv. the side of the parking spaces may be obstructed;

(S) Regulation 200.5.1.10(D), with respect to a parking space obstructed by any part of a fixed object, does not apply;

(T) Despite Regulation 220.5.1.10(8)(D), a staging pad adjacent to a Type “G” loading space may have a minimum vertical clearance of 4.4 metres;

(U) Despite Regulations 230.5.1.10(10) and 230.40.1.20(1) long-term bicycle parking spaces and short-term bicycle parking spaces may be located in stacked bicycle parking spaces in an enclosed room; and

(V) Regulation 230.40.1.20(2), with respect to the location of short-term bicycle parking spaces, does not apply;

(W) Despite Regulation 230.5.1.10 (4) and (5):

i. the bicycle parking space dimensions must have a minimum width of 0.2 metres x a minimum length of 1.2 metres x a minimum height of 1.8 metres and may project into a parking space by a maximum width of 0.15 metres x a maximum length of 1.2 metres x a maximum height of 1.8 metres; and,

ii. if bicycle parking spaces are provided in a horizontal bicycle parking space that is positioned above or below another bicycle parking space and equipped with a mechanical device providing floor level access to both bicycle parking spaces, the minimum vertical clearance for each bicycle parking space must be at least 1.2 metres;

(X) Despite any future severance, partition or division of the lot as shown in Diagram 1, the provisions of this By-law apply to the whole of the lot as if no severance, partition or division occurred.

Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number (xZZZ) so that it reads:

Exception CR (xZZZ)

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) Despite clauses 40.10.20.10 and 40.10.20.20, the following uses are also permitted:

(B) Despite 40.10.20.20, the permitted uses listed in (1)(A) and (1)(B) are permitted without condition;

(C) Despite Regulation 40.10.20.10 a temporary sales office and commercial parking garage shall be permitted on the lands zoned CR(xZZZ);

(D) Despite Regulation 40.10.40.40(1)(A), the total gross floor area of all buildings and structures on the lands must not exceed 19,500 square metres;

(E) Despite Regulation 40.10.40.40(1)(C), the total gross floor area for residential uses must not exceed 18,500 square metres;