ISSUE DATE: August 22, 2024 CASE NO(S).: OLT-23-001020; OLT-23-001021
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1728 Bloor West Dev Inc.
Subject: Zoning By-law Amendment
Description: To permit a 19-storey mixed use building with a total of 99 residential units
Reference Number: 23 119823 STE 04 OZ
Property Address: 1728 Bloor Street West
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-001020
OLT Lead Case No.: OLT-23-001020
OLT Case Name: 1728 Bloor West Dev Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Applicant and Appellant: 1728 Bloor West Dev Inc.
Subject: Site Plan
Description: To permit a 19-storey mixed use building with a total of 99 residential units
Reference Number: 23 119833 STE 04 SA
Property Address: 1728 Bloor Street West
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-001021
OLT Lead Case No.: OLT-23-001020
BEFORE:
STEVEN T. MASTORAS MEMBER Monday, the 19th day of August 2024
THESE MATTERS having come before the Tribunal by way of written Settlement Proposal (“Settlement”) on August 19, 2024, and having read the materials filed, on consent of the Parties to this proceeding; and,
THE TRIBUNAL having received and considered:
i. the uncontested written land use planning opinion evidence from Andrew Ferancik, a Registered Professional Planner and full member of the Canadian Institute of Planners, and Ontario Professional Planners Institute, in his comprehensive Affidavit, sworn August 12, 2024; and,
ii. having reviewed the draft final Zoning By-law Amendment to Zoning By-law No. 569-2013, as amended, with respect to lands municipally known as 1728 Bloor Street West (“Subject Lands”) in the City of Toronto; and,
iii. having reviewed the Settlement consisting of an 18-storey residential building (91 units) with one underground level; and,
iv. having considered the approval of the Settlement by City Council on July 4, 2024; and,
v. the specific context of the surrounding area, in particular the existing Vilinius Manor, and is sensitively designed through a compact built form in a manner that ensures there will be no unacceptable adverse impacts on surrounding properties or the public realm;
AND THE TRIBUNAL, having accepted the uncontradicted Affidavit evidence of Andrew Ferancik, with respect to the draft final ZBA and finding that the ZBA as proposed is consistent with, conforms to, and is in keeping with applicable policies and guidelines of the Province of Ontario and the City of Toronto including;
i. The Planning Act, R.S.O. 1990, c. P.13;
ii. The Provincial Policy Statement 2020;
iii. A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020;
iv. The City of Toronto Official Plan;
v. The City of Toronto’s Planning Framework and Design Guidelines, including:
a. The Bloor-Dundas Avenue Study;
b. The City of Toronto Tall Building Design Guidelines;
c. City of Toronto Planning for Children in New Vertical Communities: Growing Up Guidelines; and,
d. Other Relevant Guidelines.
THE TRIBUNAL ORDERS that:
(1) the appeal of 1728 Bloor West Dev Inc. pursuant to subsection 34(11) of the Planning Act is allowed, in part, and
(2) the development proposal as illustrated in plans dated July 2, 2024 prepared by Gabriel Fain Architects Inc. and the draft Zoning By-law Amendment found as Attachment “1” to this Order below, is approved, in principle, subject to the following conditions:
a) the final form of the Zoning By-law Amendment is to the satisfaction of the Director, Community Planning, Toronto East York District and the City Solicitor, in consultation with other appropriate divisions.
b) the owner has, at the owner's expense:
i. submitted a revised Functional Servicing and Stormwater Management Report, including confirmation of water and fire flow, sanitary and storm capacity, and determination of the functionality, operational status and potential relocation alternatives of the existing 900 millimetre storm sewer which is located within the subject property to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;
ii. addressed all outstanding engineering issues, and any other comments that may arise further to the review of materials submitted as part of the process to address the issues set out in the memorandum from Engineering and Construction Services, and the General Manager, Transportation Services;
iii. secured the design and the provision of financial securities for upgrades or required improvements to the existing municipal infrastructure and/or new municipal infrastructure identified in the accepted Engineering Reports to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements or upgrades and/or new infrastructure are required to support the development;
iv. submitted a revised Transportation Impact Study acceptable to, and to the satisfaction of, the General Manager, Transportation Services;
v. submitted an updated Noise and Vibration Impact Study for peer review, at the owner's sole expense, to the satisfaction of the Chief Planner and Executive Director, City Planning and that such matters arising from such Study be secured if required;
vi. submitted necessary studies, including those related to pedestrian level wind impacts and sun shadow have been completed and their recommendations addressed to the satisfaction of the Chief Planner and Executive Director, City Planning; and
vii. submitted a Transportation Demand Management Plan, including any necessary financial securities to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning.
THE TRIBUNAL FURTHER ORDERS that the Site Plan Appeal pursuant to s. 114(15) of the City of Toronto Act, is adjourned sine die to be recommenced at the request of the 1728 Bloor West Dev and/or the City of Toronto;
AND THE TRIBUNAL ORDERS that the Applicant is to provide confirmation that the Tribunal can issue its final Order or to provide a status update in writing related to the Site Plan Appeal to the Tribunal’s Case Coordinator by Friday, March 28, 2025.
AND THE TRIBUNAL ORDERS that it may be spoken to with respect to the implementation of this Order and in the event that there are difficulties in satisfying the above conditions for the issuance of the Tribunal's final Order in respect of the above-mentioned Appeals.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
ATTACHMENT “1”
CITY OF TORONTO
BY-LAW No. XXXX-2024
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 1728 Bloor Street West
Whereas the Ontario Land Tribunal, by its Decision issued on _________ and its Order issued on _____, in respect of Tribunal File ________, 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 2024 as 15-19 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 enacts:
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 No. 569-2013, Chapter 800 Definitions;
Zoning By-law No. 569-2013, as amended, is further amended by changing the zone label on the Zoning By-law Map in Section 990.1, respecting the lands outlined by heavy black lines as follows:
(i) Repealing the text “See Former City of Toronto By-law No. 438-86” ; and,
(ii) Adding a new zone label: CR 3.0 (c1.0; r3.0) (xXXX), as shown on Diagram 2 attached to this By-law;
- Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number xXXX so that it reads:
(763) Exception CR xXXX
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 1728 Bloor Street West, if the requirements of By-law [Clerk’s to insert By-law ##] are complied with, a building or structure may be constructed, used or enlarged in compliance with Sections (B) to (AA) 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 101.78 metres and the highest point of the building or structure;
(C) Despite Regulations 40.5.40.10(4) and (5), and 40.10.40.10(2) the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 3 of By-law [Clerk’s to supply by-law ##];
(D) Despite Regulation 40.10.40.10(5), the required minimum height of the first storey, as measured between the floor of the first storey and the ceiling of the first storey, is 3.8 metres;
(E) A mezzanine level located between the first storey and the second full storey of the building shall not be considered a storey, provided that the gross floor area of the mezzanine level shall not exceed 50 percent of the gross floor area of the first storey in the building.
(F) Despite Regulations 40.5.40.10(3) to (8) and (C) above, the following elements of a building may project above the permitted maximum height in Diagram 3 of By-law [Clerk’s to supply by-law ##]:
(i) lightning rods, water supply facilities, window washing equipment, building maintenance units, satellite dishes, mechanical screens, landscape and ornamental features, trellises, cabanas, light fixtures, antennae, flagpoles, and garbage chute overruns by a maximum of 3.0 metres;
(ii) elevator/stair overruns, cooling towers, generators, air cooled chillers and associated mechanical equipment by a maximum of 6.5 metres;
(iii) structures that enclose, screen or cover the equipment, structures and access stair and ladder, by a maximum of 2.0 metres; inclusive of a mechanical penthouse, by a maximum of 7.2 metres
(iv) wind mitigation, vents, roof access and solar panels by a maximum of 2.0 metres;
(v) mechanical exhausts, flues, pipes, vents, fans, and chimneys on the rooftop by a maximum of 5.0 metres, and where located above equipment listed in (E)(ii) to this by-law, by a maximum of 3.0 metres above the highest point of the associated equipment in (E)(ii);
(vi) terrace and balcony dividers/privacy screens by a maximum of 2.0 metres; and
(vii) guardrails, railings, masonry pilasters, wheelchair ramps, roofing assembly and drainage, elements of green roof, parapets, cornices, balustrades and bollards by a maximum of 1.5 metres; and
(viii) the total area of all equipment, structures, of parts of a building exceeding the permitted maximum height for the building, as permitted by (i) to (v) above, may cover no more than 60% of the area of the roof, measured horizontally;
(G) The provision of dwelling units is subject to the following:
i. a minimum of 15 percent of the total number of dwelling units must have two or more bedrooms;
ii. a minimum of 9.9 percent of the total number of dwelling units must have 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; and
iv. if the calculation of the number of required dwelling units with two or three bedrooms results in a number with a fraction, the number shall be rounded down to the nearest whole number;
(H) Regulation 40.5.40.10 (5)(B) does not apply to any building or structure.
(I) Despite Regulation 40.5.1.10(3)(A) and 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures on the lot is 6,200 square metres of which:
(i) The permitted maximum gross floor area for residential uses is 6,200 square metres; and
(ii) The permitted maximum gross floor area for non-residential uses is 100 square metres;
(J) Despite Regulation 40.10.40.1(1), residential amenity space, residential lobby access, residential storage space and residential dwelling units, among other residential use portions of a mixed use building may be located on either the same storey as, or below, non-residential use portions of a mixed use building, without limitation;
(K) Despite Regulation 40.10.40.1(2), the floor level of the first storey is not required to be within 0.2 metres of the ground measured at the lot line abutting the street directly opposite each pedestrian entrance and is not required to be level with the public sidewalk;
(L) Despite Regulation 40.10.40.50(1), a building with 20 or more dwelling units must provide minimum total indoor and outdoor amenity space of 283 square metres of which:
(i) At least 195 square metres of indoor amenity space;
(ii) At least 85 square metres of outdoor amenity space; and,
(iii) Regulation 40.10.40.50(1)(B) and (C) shall not apply.
(M) Despite Clause 40.5.40.70 and Regulation 40.10.40.70(2), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerk’s to supply by-law ##];
(N) Despite Regulations 40.10.40.60(1) to (9) and Regulation (L) above, the following elements may encroach into the required minimum building setbacks on Diagram 3 of By-law [Clerks to supply by-law ##]:
(i) pilasters, architectural cladding or similar features, including building-related materials interior to the banding, to a maximum of 0.5 metres;
(ii) canopies, window washing equipment, satellite dishes, cornices, eaves, window sills, light fixtures/features, railings, and antennae by a maximum of 1.0 metres;
(iii) landscape elements, ornamental elements, and awnings associated with balconies or terraces by a maximum of 1.5 metres;
(iv) balustrades and vents by a maximum of 0.5 metres;
(v) a platform either with, or without a roof, such as a deck, porch, balcony or similar structure is permitted at each storey and may encroach by a maximum of 1.5 metres;
(vi) terraces are permitted above rooftop areas to the same extent of the roof it is covering; and,
(vii) rooftop terraces may project into the required building setbacks.
(O) Despite Regulation 40.5.40.60(1), a canopy, awning or similar structure, with or without structural support, may encroach into a required minimum building setback that abuts a street, rear lot line or side lot line, including any part of the canopy, awning or similar structure which is located more than 5.0 metres above the elevation of the ground directly below it.
(P) Despite Regulation 40.10.40.80(1) and (2), the required separation of main walls are shown in metres on Diagram 3 of By-law [Clerks to insert By-law ##]
(Q) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, any amount of the required parking spaces may be provided as stacked parking spaces, and parking spaces must be provided in accordance with the following rates:
(i) a minimum of zero residential occupant parking spaces per dwelling unit;
(ii) a minimum of one residential visitor accessible parking space;
(iii) a minimum of zero parking spaces are required for non-residential uses;
(R) Regulation 200.15.10.5 (1)(2)(3) and 200.15.10.10(1)(2), relating to effective parking space calculations for accessible parking space does not apply.
(S) Despite Regulation 40.10.100.10, vehicle access to the lot may be provided from a street, laneway, elevating device, turntable device or private driveway.
(T) Despite Regulation 200.5.1.10(5), a required parking space may be a tandem parking spaces within a parking stacker system where it is required for a dwelling unit in a mixed use building, and a tandem parking space may be accessed from an elevating device, lift or similar system;
(U) Despite Regulation 200.5.1.10(13), parking spaces may be accessed from an elevating device, lift, or similar system, and such a system must have access provided from either a street, laneway or private driveway;
(V) Despite Regulation 200.5.1.10(14), Parking spaces are not required to be equipped with an energized outlet;
(W) Despite Regulation 230.5.1.10(4)(A)(B)(C), the minimum dimension of a stacked bicycle parking space is:
(i) a minimum length of 1.7 metres;
(ii) a minimum width of 0.5 metres;
(iii) a minimum vertical clearance of 0.90 metres;
(X) Despite Regulation 230.5.1.10(7), shower and change facilities associated with non-residential uses shall not be required for a mixed use building on the lot;
(Y) Despite Table 230.5.10.1(1) a minimum of zero short-term and a minimum of zero long-term bicycle parking spaces are required for associated non-residential use portions of any mixed use building;
(Z) Despite Regulation 230.40.1.20(2) a “short term” bicycle parking space may be located more than 30 metres from a pedestrian entrance, at the following locations:
(i) at the ground floor;
(ii) above the established grade or within a mezzanine floor; and,
(iii) below the established grade.
(AA) In addition to the locations listed in Regulations 220.5.1.10(9)(A(i)(ii) and (iii), “long-term” bicycle parking spaces may also be located in the following locations:
(i) at the ground floor;
(ii) above the established grade or within a mezzanine floor; and,
(iii) below the established grade.
Prevailing By-laws and Prevailing Sections: (None apply)
Despite any severance, partition or division of the lands, the provisions of this By-law shall apply to the whole of the lands, if no severance, partition or division had occurred.
Temporary use(s):
(A) None of the provisions of By-law 569-2013, as amended, apply to prevent the erection and use of a sales trailer, sales office, and any buildings or accessory structures associated with a sales trailer or sales office use, from the date this by-law comes into full force and effect, and for a period of up to 3 years.