Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 12, 2024
CASE NO.: OLT-23-001259
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Applicant/Appellant: 630 The East Mall Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a residential development, containing one tall building with two 24-storey towers and one 10-storey mid-rise building
Reference Number: 22 207881 WET 02 OZ
Property Address: 630 The East Mall
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-001259
OLT Lead Case No.: OLT-23-001259
OLT Case Name: 630 The East Mall Inc. v. Toronto (City)
BEFORE:
S. DIXON
Tuesday, the 13th day
MEMBER
of August, 2024
THIS MATTER having come before the Tribunal by way of Written Hearing;
AND THE TRIBUNAL having been advised by all Parties to this matter that the Parties have agreed upon a revised development proposal (“Revised Proposal”) for the lands known municipally as 630 The East Mall in the City of Toronto (“Subject Lands”);
AND THE TRIBUNAL being further advised that the Revised Proposal was considered and endorsed by City of Toronto (“City”) Council at its meeting on June 26, 2024;
AND THE TRIBUNAL being in receipt of and having reviewed and considered the uncontested opinion evidence contained in the affidavit of David McKay, sworn on July 26, 2024;
AND THE TRIBUNAL hereby recognising Mr. McKay, a Registered Professional Planner having 27 years of professional land use planning experience and having been previously qualified by the Tribunal as an expert in land use planning on several occasions, as once again being qualified to provide the Tribunal with expert opinion evidence in the area of land use planning;
AND THE TRIBUNAL recognising that Exhibit “P” to the affidavit of Mr. McKay reflects a draft Zoning By-law Amendment (“Draft ZBA”) that, in principle, will provide for the implementation of the Revised Proposal, setting out such matters including but not limited to, height, density, setbacks, and step-backs;
AND THE TRIBUNAL having subsequently been provided with an updated Draft ZBA (“Revised ZBA”) on September 10, 2024 on consent of all Parties ;
AND WHEREAS Mr. McKay’s affidavit confirms for the Tribunal that the Revised Proposal:
Has appropriate regard for the matters of provincial interest as set out in s. 2 of the Planning Act, R.S.O. 1990, c. P.13, as amended;
Is consistent with the Provincial Policy Statement, 2020;
Conforms to the Growth Plan for the Greater Golden Horseshoe, 2019, as amended;
Conforms to the City Official Plan;
Has appropriate regard to applicable City guidelines;
Represents good planning; and
Is in the public interest;
THE TRIBUNAL ORDERS that the appeal by 630 The East Mall Inc. (“Appellant”) pursuant to s. 34(11) of the Planning Act is allowed, in part.
THE TRIBUNAL ORDERS that the Revised ZBA attached hereto as Attachment 1 is approved, in principle, contingent upon satisfaction of the following pre-requisite matters:
a. The Revised ZBA contained in Attachment 1 hereto is to be further revised in a form and content satisfactory to the City (“Final ZBA”);
b. The Appellant has:
i. To the satisfaction of the General Manager, Transportation Services, and the City Solicitor:
submitted a revised Transportation Impact Study that includes showing the transportation servicing condition that provides southerly access with a full moves, signalized entrance on 600-620 The East Mall, being the lands to the south and a northerly access with a limited moves (right-in/right-out) access; and;
submitted evidence showing that the owner has secured legal access over 600-620 The East Mall to facilitate southern two-way vehicular access to and from the Subject Lands, which will address any necessary interim condition including its design and construction, with such access only interrupted during the construction and repair of the development at 600-620 The East Mall, or an alternative southern access solution over the Subject Lands;
ii. addressed all outstanding issues identified within the Engineering and Construction Services correspondence, dated November 15, 2023, or as revised, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
iii. submitted a revised Functional Servicing and Stormwater Management Report, which shall determine the stormwater runoff, sanitary flow, and water supply demand resulting from the development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the Revised Proposal, and/or any upgrades that may be required, all to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services;
iv. submitted a revised Hydrological Assessment Report, Hydrological Review Summary Form, Servicing Report Groundwater Summary Form, and Foundation Drainage Summary Form to determine the quality and quantity of groundwater that may be required to be discharged to the City sewage works as a result of the Revised Proposal, and to comply with Foundation Drainage policy and guidelines to the satisfaction of the Chief Engineer and Executive Director of Engineering and Construction Services and the General Manager, Toronto Water;
v. addressed all outstanding issues raised by Urban Forestry noted in correspondence, dated November 16, 2023, including the need for an updated Landscape Plan, Planting Plan, and Soil Volume Plan, to the satisfaction of the General Manager, Parks, Forestry and Recreation;
vi. made revisions to the Revised Proposal to meet the Toronto Green Standard requirements to the satisfaction of the Chief Planner and Executive Director, City Planning; and
vii. provided a revised Pedestrian Wind Study, which is to be reviewed with recommendations implemented as part of the amending Zoning By-law(s) and/or secured in a development agreement to the satisfaction of the Chief Planner and Executive Director, City Planning;
c. Should it be determined that upgrades are required to infrastructure to support the Revised Proposal according to the Transportation Impact Study and/or the accepted Functional Servicing and Stormwater Management Report, City Council direct the City Solicitor and appropriate City staff to request that a Holding Provision be included in the Final ZBA, and the Holding Provision is not to be lifted until such time as the owner has made satisfactory arrangements with the City for the design and construction of any improvements to the municipal infrastructure, including entering into appropriate agreement(s) with the City and the provision of financial securities, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Transportation Services;
d. The Noise and Vibration Report has been peer reviewed at the cost of the Appellant and any required revisions resulting from this study have been made to the Revised Proposal to the satisfaction of the Chief Planner and Executive Director, City Planning; and
e. The Air Quality Study has been peer reviewed at the cost of the Appellant and any required revisions resulting from this study have been made to the Revised Proposal to the satisfaction of the Chief Planner and Executive Director, City Planning;
THE TRIBUNAL ORDERS that an Order approving the Final ZBA will be withheld until such time as the City confirms for the Tribunal that all pre-requisite matters listed above have been satisfied.
THE TRIBUNAL ORDERS that, should the City not submit the Final ZBA and provide confirmation to the Tribunal that all contingent pre-requisites to the issuance of an Order approving same have been satisfied within six months of the date of the issuance of this Interim Order, the City shall provide a written status update to the Tribunal by that date.
The Tribunal may be spoken to concerning any 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
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
ATTACHMENT 1
Draft Zoning By-law Amendment to
City of Toronto Zoning By-law No. 569-2013
Authority: Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-23-001259
CITY OF TORONTO
BY-LAW [Clerks to insert By-law number]
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 630 The East Mall.
Whereas the Ontario Land Tribunal, in its Decision issued on [date] and its Order issued on [date], in file OLT-23-001259 in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, 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 630 The East Mall;
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, as amended, Chapter 800 Definitions.
Zoning By-law 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.1 respecting the lands outlined by heavy black lines from a zone label of CL 0.4(x271) to a zone label of RA (d6.5) (x [exception number]) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.7.10 Exception Number [-] so that it reads:
([assigned exception number]) Exception RA ([assigned exception number])
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 lands municipally known as 630 The East Mall, if the requirements of By-law [Clerks to insert By-law number] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (S) below;
(B) Despite regulations 15.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 147.32 metres and the elevation of the highest point of the building or structure;
(C) Despite regulation 15.10.40.10(1), 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 [Clerks to insert By-law number];
(D) Despite regulation 15.10.40.10(2), the permitted maximum height of a building or structure is the number following the letters “ST” as shown on Diagram 3 of By-law [Clerks to insert By-law number] subject to the following:
(i) mezzanines, rooftop access lobbies, rooftop amenity space and mechanical penthouse do not constitute a storey;
(E) Despite regulations 15.5.40.10(2) to (6) and (C) and (D) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law [Clerks to insert By-law number] provided that no building, equipment or structures exceed a maximum height of 72.14 metres (Canadian Geodetic Datum of 219.46 metres):
(i) equipment used for the functional operation of the building, including electrical, utility, mechanical and ventilation equipment, as well as enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, by a maximum of 5.0 metres;
(ii) structures that enclose, screen, or cover the equipment, structures and parts of a building listed in (i) above, including a mechanical penthouse, by a maximum of 5.0 metres;
(iii) architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 2.0 metres;
(iv) building maintenance units and window washing equipment, by a maximum of 3.0 metres;
(v) planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 2.0 metres;
(vi) antennae, flagpoles and satellite dishes, by a maximum of 1.0 metres; and
(vii) trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres;
(F) Despite regulation 15.10.40.40(1), the permitted maximum gross floor area of all buildings and structures for residential uses is 52,500 square metres.
(G) Despite regulation 15.10.40.50(1), amenity space must be provided at the following rate:
(i) at least 2.0 square metres for each dwelling unit as indoor amenity space;
(ii) at least 1.91 square metres of outdoor amenity space for each dwelling unit of which 40.0 square metres must be in a location adjoining or directly accessible to the indoor amenity space;
(iii) despite regulation (F)(ii) above, should the development be phased, at least 1.33 square metres of outdoor amenity space for each dwelling unit must be provided for the 24-storey building; and
(iv) no more than 25 percent of the outdoor component may be a green roof;
(H) Despite regulation 15.10.40.70(1),(2),(3), and (4), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law number];
(I) Despite regulation 15.10.40.80(1) and (2), the required separation of main walls are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law number];
(J) Despite Clause 15.5.40.60 and (G) and (H) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(i) decks, porches, patios and balconies, by a maximum of 2.0 metres;
(ii) canopies and awnings, by a maximum of 4.9 metres;
(iii) exterior stairs, access ramps and elevating devices, by a maximum of 5.0 metres;
(iv) cladding added to the exterior surface of the main wall of a building, by a maximum of 1.0 metres;
(v) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 0.5 metres;
(vi) window projections, including bay windows and box windows, by a maximum of 0.8 metres;
(vii) eaves, by a maximum of 0.5 metres;
(viii) dormers, by a maximum of 0.5 metres; and
(ix) air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 1.0 metres;
(K) Despite Regulation 15.5.50.10(1), a minimum of 15% of the area of the lot shall be landscaped, and a minimum of 25% of this must be soft landscaping.
(L) Despite Regulation 15.5.100.1(1), the maximum driveway width may be 8.5 metres;
(M) Despite regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
(i) a minimum of 0.43 residential occupant parking spaces for each dwelling unit, but not exceeding the permitted maximum in Table 200.5.10.1 for dwelling units in an Apartment Building in All Other Areas of the City; and
(ii) a minimum of 2+(0.05 x number of dwelling units) residential visitor parking spaces for each dwelling unit;
(N) Despite Regulations 200.5.1.10(2)(D), electric vehicle infrastructure, including electrical vehicle supply equipment or an energized outlet, does not constitute an obstruction to a parking space;
(O) Despite Regulation 200.5.1.10(2), a maximum of 5 of the total parking spaces provided on the lands may have a minimum width of 2.6 metres, despite being obstructed on one or both sides as described in Regulation 200.5.1.10(2)(D) without being required to provide additional width for the obstructed sides of the parking space;
(P) Despite regulation 200.15.1(1), an accessible parking space must have the following dimensions:
(i) length of 5.6 metres;
(ii) width of 3.4 metres; and
(iii) vertical clearance of 2.1 metres;
(Q) The entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path as shown on Diagram 1 and Diagram 2 of By-law 579-2017.
(R) Despite Regulation 230.5.1.10(4), the minimum width of a bicycle parking space and a stacked bicycle parking space may be 0.45 m.
(S) Despite Regulation 230.5.1.10(10), “short-term” bicycle parking spaces may also be located in a stacked bicycle parking space;
Prevailing By-laws and Prevailing Sections:
None Apply.
- Despite any phased development, severance, partition or division of the lands, the provisions of this By-law shall apply as if no severance, partition or division occurred.
Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-23-001259.