Ontario Land Tribunal 655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Toll free: 1-866-448-2248 Website: olt.gov.on.ca Tribunaux de l’aménagement du territoire Ontario 655 rue Bay, bureau 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web: olt.gov.on.ca
ISSUE DATE:
August 26, 2024
CASE NO.: OLT-22-003256
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant:
BJL Properties Inc. et al.
Subject:
Application to amend Zoning By-law – Refusal or neglect to make a decision
Purpose:
To permit a 17-storey mixed use building
Property Address/Description:
778-788 King Street West
Municipality:
Toronto
Approval Authority File Nos.:
21 237249 STE 10 OZ
OLT Case Nos.:
OLT-23-003256
OLT Lead Case No.:
OLT-23-003256
OLT Case Name:
BJL Properties Inc. et al. v. Toronto (City)
BEFORE:
D. CHIPMAN ) Wednesday, the 21st MEMBER ) ) day of August, 2024
THESE MATTERS having come before the Tribunal as a written hearing to consider a settlement between the City of Toronto (the “City”) and BJL Properties Inc., Bel-Uniforms Building Inc., and 788 King West Inc. (the “Owner”) on August 21, 2024, and the Tribunal having received sworn, uncontradicted opinion evidence from Peter F. Smith, M.C.I.P., R.P.P., who has been qualified to assist the Tribunal in its deliberations through opinion evidence in areas of land use compatibility and planning;
AND UPON CONSIDERATION OF THE FOLLOWING:
The development will support the achievement of numerous policy directions promoting intensification within built up areas and the efficient use of land, particularly in this location, which is well served by municipal infrastructure, including existing and planned higher order transit.
The proposal represents an appropriate form of residential mixed-use intensification at an appropriate height of 20 stories.
The building will not be totally demolished. Instead, the principal (south) elevation will be conserved and rehabilitated in situ and the southernmost portions of the return elevations will be reconstructed to match the existing elevations to a depth of 3.71 metres and 5 metres for the east and west returns with the balance of the building being removed.
The introduction of setbacks and step backs at the ground floor and tower sections result in appropriate and compatible relationships with the surrounding built form fabric.
THE TRIBUNAL ORDERS AS FOLLOWS:
The appeals of the Zoning By-law Amendment applications is allowed, in part;
The amendment to the City of Toronto City-wide Zoning By-law 569-2013 filed with the Affidavit of Peter F. Smith and attached hereto as Attachment [1] is approved in principle subject to the satisfactory final form being approved;
The development proposal as generally depicted on the plans prepared by architectsAlliance, dated July 26, 2024, filed as part of the Affidavit of Peter F. Smith in Attachment [2] is approved in principle;
That the Final Order on the Zoning By-law Amendment be withheld until the Tribunal is advised by the City Solicitor that:
a. the final form and content of the draft Zoning By-law Amendment in Attachment [1] is satisfactory to the Interim Chief Planner and Executive Director, City Planning and the City Solicitor;
b. the Owner has, at its sole cost and expense:
i. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;
ii. secured the design and provided financial securities in respect of any upgrades or required improvements to the existing 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 and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;
iii. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Interim Chief Planner and Executive Director, City Planning and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required; and
iv. submitted an updated Transportation Impact Study or Addendum to reflect revisions to site circulation, loading, parking (including resident and visitor) and access for the development, to the satisfaction of the General Manager, Transportation Services;
c. the Owner has provided a detailed Conservation Plan prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 778 King Street West, prepared by ERA Architects Inc., dated April 25, 2024, to the satisfaction of the Senior Manager, Heritage Planning; and
d. the Owner has entered into a Heritage Easement Agreement with the City for the property at 778 King Street West substantially in accordance with plans and drawings prepared by architectsAlliance dated May 8, 2024, and the Heritage Impact Assessment prepared by ERA Architects Inc., dated April 25, 2024, subject to and in accordance with the approved Conservation Plan required above, to the satisfaction of the Senior Manager, Heritage Planning including execution of such agreement to the satisfaction of the City Solicitor.
The Panel Member will remain seized for the purposes of reviewing and approving the final draft of the Zoning By-Law Amendment to authorize the issuance of the Final Order.
If the Owner and the City do not submit the final draft of the Zoning By-law Amendment and provide confirmation that all other contingent pre-requisites to the issuance of the final Order set out in Paragraph 1 above have been satisfied, and do not request the issuance of the final Order within six (6) months of the date of issuance of this interim Order, the Owner and the City shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form and content of the draft Zoning By-law Amendment and issuance of the final Order by the Tribunal.
The Tribunal may be spoken to concerning issues arising from the implementation of this interim Order.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
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