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PROPOSED DEVELOPMENTS
PROPOSED DEVELOPMENTS
2400- 2444 YONGE STREET
2400- 2444 YONGE STREET
In June 2017, Roselawn & Main Urban Properties Inc. (the Developer) submitted a proposal to redevelop the lands at 2400, 2430, 2440 and 2444 Yonge Street. This site is located on the west side of Yonge Street between Montgomery and Roselawn. Planning staff wrote a report recommending the application be refused due to numerous issues identified. The initial proposal was subsequently refused by City Council in December 2017. The Developer appealed the City’s refusal to the Ontario Municipal Board (now LPAT). Both LPRO and the Eglinton Park Residents’ Association sought and were granted Party Status in the appeal, allowing full participation in the proceedings.
In the fall of 2019 the Developer resubmitted their application for an even more aggressive proposal, which failed to recognize the concerns outlined by City Planning which had led to the proposal’s refusal in 2017. The revised proposal increased the height of the towers and podium, number of units, bulk of the towers and reduced setbacks from the lot lines. LPRO notified the Councillor and City Planning of our serious concerns with the revised proposal.
LATEST UPDATE: SETTLEMENT
LATEST UPDATE: SETTLEMENT
In August 2020 representatives from LPRO and Eglinton Park Residents’ Association (EPRA) participated in an LPAT-led mediation with the Developer and the City. At that time a settlement was reached, but the details could not be made public prior to City Council approval. In July 2021 City Council voted unanimously in favour of the settlement. With all parties in agreement, OLT (formerly LPAT) is expected to approve the settlement agreement.
LPRO and EPRA are pleased to report that the mediation negotiations resulted in important changes to the application which make it a much more appropriate development for the neighbourhood.
A new public park measuring 1,232 sq m (13,261 sq ft) will be constructed on Roselawn Avenue. The park will occupy 15% of the site even though the parkland bylaw only requires 10%. This is 3x the size of the park proposed in the Developer’s application prior to the mediation. The park, will have frontage of 30m (99ft) on Roselawn Avenue and a depth of 41m (134ft). In addition, the ownership of the park land will be transferred to the City. This much-needed additional green space in the dense Yonge-Eglinton area is the largest new public park within walking distance in roughly a century. The park will also provide a buffer between the north tower of the development and the adjacent low rise neighbourhood.
The park will be connected to Yonge Street by a new 12.6m (41ft) wide promenade on the south side of Roselawn Avenue. There will be a generous setback from Roselawn and the sidewalk will be widened by reducing the width of the roadway.
The two towers have been slimmed down considerably. The size of the tower floors has been reduced from 860 sq m on the south tower and 844 sq m on the north tower ro 785 sq m on both towers. The reduced tower floor plates are much more in line with City policies. This has also resulted in an increase in the separation between the towers from 25m to 37m.
The height of the south tower has been reduced from 97m to 95m and the height of the north tower has been reduced from 85m to 77m. Both towers are now setback a minimum of 7m from the Yonge Street property line.
The podium height facing Yonge Street has been reduced from 12 storeys and 49.1m to six storeys and 28.7m facing Yonge Street, a reduction of 42%, and steps down further to two storeys along the Yonge Street sidewalk. The proposed podium height and step-backs are now proportionate to the width of Yonge Street and align with City policies.
The podium facing Roselawn Avenue has been reduced from 11 storeys and 45.1m to 28.7m, a reduction of 36%. The height also steps down to four storeys towards the low-rise neighbourhood, providing additional transition.
The development now includes dedicated space for pick-up and drop-off activity for each of the towers on the Developer’s property, in addition to a circular driveway, mitigating potential traffic problems.
The slimmed-down towers, greater tower separation, reduced podium heights and increase step-backs will mitigate the visual impact of the tall buildings.
The proposed number of residential units has been reduced from 687 to 539, a reduction of 148 units or 22%. The density of the development has been reduced from 6.61 times the lot area to 5.71, a reduction of 14%.
NEW PARK AT CASTLEFIELD & DUPLEX - CAPITAL THEATRE SITE
NEW PARK AT CASTLEFIELD & DUPLEX - CAPITAL THEATRE SITE
When the development application was submitted for the Capitol Theatre site, the developer attempted to purchase the land currently occupied by the Green P Parking Lot in order to extend the development to Duplex. LPRO was a strong voice in opposition to several aspects of the application, including advocating for green space on the parking lot site.
We are pleased to report that the sale of the parking lot to the developer did not proceed, and that a portion of the parking lot land will be dedicated to a new park for our neighbourhood!
The City of Toronto is replacing a midtown parking lot with a new park.
As a tribute to Joni Mitchell’s iconic “Big Yellow Taxi” song, the effort to create the new park is currently being dubbed ‘The Joni Mitchell Project’ by Councillor Mike Colle after the famous Canadian folk singer.
“I’ve called it the ‘Joni Mitchell Project’ from that iconic line of hers – ‘they paved paradise and put up a parking lot’ – because this is probably the first time in downtown Toronto that we’re actually turning a parking lot into a park, rather than paving over the park,” says Colle.
Located at Castlefield and Duplex Avenues, the new green space was originally to be part of the upcoming The Capitol Residences mixed-use condo development from Madison Group that is set to take over the site of the former Capitol Event Theatre (oh, the memories). The 14-storey, 146-unit development will officially launch this summer.
While the development will undoubtedly become a coveted one to call home, the loss of the beloved former event space comes at a time when the last of the familiar long-time landmarks are increasingly being replaced by towering condo developments in the Yonge and Eglinton neighbourhood. Density has only soared to new heights (no pun intended) as a result. But the neighbourhood is starved of green space relative to the growing population size. Eglinton Park, as great as it is, can only service so many people.
The new park — which is currently going through land use re-designation with the City — almost didn’t happen, despite it being marked as park space in City documents from years ago.
The parking lot had been originally sold to Madison Group for The Capitol Residences before Colle stepped in to question and challenge the sale of the property to the developer by the Toronto Parking Authority (TPA). “I didn’t believe that the parking authority did all of its due diligence to get all the approvals to give it to Madison Group,” says Colle.
The fate of the parking lot was subsequently the result of a nearly year-long legal battle between the City of Toronto, TPA, and Madison Group to get the space back in City hands. “Now that we have it back, we’re going to turn it into a park,” said Colle matter-of-factly.
But that doesn’t mean there are any lingering hard feelings; the breezy end result is a win for the City, the community, and residents of the upcoming development.
“Through the process of the development application, part of the parking lot was owned by the City and part of it was included in our development,” says Josh Zagdanski, Vice President of High-Rise. “Now, the part that is owned by the city will be converted from a parking lot to a new park designation. Having a park adjacent to where you live is hugely beneficial for the community and for the immediate neighbour. It’s open space that’s desperately needed in midtown and contributes to a well-rounded active lifestyle community.”
The park will sit behind the condo building. Of the existing space, 75% will be a park, and 25% will remain a parking lot. Though it’s too early to know specific design details – they are the result of public meetings, the first of which was last night – Colle says it won’t be a ‘typical park.’
“I don’t want it to be another ordinary park with swings and slides and benches,” says Colle. “I really want to do something one of a kind, like some of the downtown parks in Manhattan where there are a variety of flowers and ornamental trees, places where people can sit and play chess, maybe have a concert in the corner, and definitely some public art.”
A $1M in funds from Madison Group will help to finance the redevelopment.
DEVELOPMENT PROCESS
DEVELOPMENT PROCESS
THE COMMITTEE OF ADJUSTMENT
THE COMMITTEE OF ADJUSTMENT
Infill construction and renovations are governed by City zoning bylaws. Often the owner of the property – either an end-user or a developer – is seeking to exceed the limits of the bylaws with respect to height, depth, width or some combination of the three. Minor deviations from zoning bylaws – minor variances, changes to legal non-conforming uses (“permissions”) and land configuration (“consents”) – require an application to and approval by the City before a building permit will be issued. A variance is considered minor if it meets the four tests that have been established in the Planning Act: 1. Is the variance minor in size and impact? 2. Is it appropriate for development of the site? 3. Is the variance within the intent of the Official Plan? 4. Is the variance within the intent of the Zoning Bylaw?
Under The Planning Act Toronto City Council has appointed an administrative body known as the Committee of Adjustment to approve these applications.The Committee of Adjustment is divided into four small panels administered in the following districts: Etobicoke York, North York, Toronto and East York, Scarborough. North York Committee of Adjustment has jurisdiction over development in the Lytton Park area.
The City of Toronto has prepared a detailed brochure on the Committee of Adjustment: City of Toronto Committee of Adjustment Brochure
THE APPEAL PROCESS
THE APPEAL PROCESS
If the applicant is denied by the Committee of Adjustment or if the applicant is successful and the person opposing the application wishes to challenge the Committee’s decision, either party can appeal. Most appeals must be made to the Toronto Local Appeals Board (TLAB), however decisions regarding certain types of applications must be appealed to the Ontario Land Tribunal (OLT), the new “super” tribunal formed in June 2021 after the merger of the Local Planning Appeal Tribunal (LPAT) with four other tribunals. OLT will now to hear land and environmental matters in Ontario.
For information on TLAB see City of Toronto Public Guide to TLAB: City of Toronto TLAB Guide
For information on OLT: Ontario Land Tribunal
THE PLANNING PROCESS AND THE ONTARIO LAND TRIBUNAL (OLT)
THE PLANNING PROCESS AND THE ONTARIO LAND TRIBUNAL (OLT)
When the proposed development does not meet the intent of the zoning bylaw or the Official Plan for the property, the developer needs to apply for a zoning bylaw amendment and/or Official Plan amendment. This is often the case for larger condominium developments, mixed-used buildings and even certain townhouse developments.
This process requires an application to City Planning and other departments and agencies for initial review. A preliminary report, written by the City Planner responsible for the file, is presented to the local Community Council identifying a preliminary set of issues to be addressed and directing the scheduling of a community consultation meeting. A community consultation meeting is held. City Planning continues to assess the application, comparing it to planning policies and taking into account community feedback. City Planning then presents a report to the local Community Council recommending that the application be approved or refused. The final decision is made by Toronto City Council. The Developer can appeal in two ways: if Community Council does not make a decision within the prescribed timeline or if City Council denies the application. Residents have the right to appeal if they disagree with Council’s decision, but this rarely occurs. The appeal body is The Ontario Land Tribunal (OLT).
The Province’s former appeal body, the Ontario Municipal Board (OMB), was criticized for its wide-ranging authority and discretion to overrule City Council, often in favour of developers. In 2017 the Province of Ontario made changes to the appeals system in attempt to address this concern and renamed the OMB the Local Planning Appeal Tribunal (LPAT). Those substantive changes were largely reversed following the 2018 provincial election. In June 2021 LPAT was merged into a new body, the Ontario Land Tribunal (OLT). Although the full impact of this latest change is not yet clear, OLT’s authority and discretion remain wide-ranging.
Under the OLT, affected parties such as residents groups are able to request “Party Status”, allowing them to take part in an appeal. Interested parties may also request “Participant Status” but will generally be limited to written submissions only. OLT cases can be resolved through a settlement or a contested hearing. A settlement can be reached through mediation led by the Tribunal or an outside mediator. Contested hearings involve “expert witnesses” and lawyers from each side. Taking the information presented by all Parties into account, the OLT issues a decision approving, approving with modifications or refusing the application. OLT decisions can be appealed to the Divisional Court, but this rarely occurs. While there are no rules which prohibit residents’ associations from participating in the process, a contested hearing can cost tens of thousands of dollars which poses a major barrier to participation.
To see Planning’s development applications site to locate applications in your neighbourhood: City of Toronto Development Application Information Centre
RELEVANT DEVELOPMENT POLICY DOCUMENTS
RELEVANT DEVELOPMENT POLICY DOCUMENTS
OFFICIAL PLAN
The Official Plan is a planning document which outlines planning policies for the entire City. This includes a citywide “land-use” map which regulates how land can be used and guides the development of the City at a high level. Most of the LPRO Area is designated “Neighbourhoods” which permits low-rise residential development. Yonge Street is primarily designated “mixed-use.” Mixed-use areas permit both commercial and residential development and are intended to accommodate growth. Other parts of LPRO’s area are designated “Parks” which covers most parkland and “Natural Areas” which applies to naturalized spaces such as ravines.
YONGE-EGLINTON SECONDARY PLAN
The LPRO area is affected by one secondary plan- the Yonge-Eglinton Secondary Plan. A secondary plan is more detailed than the Official Plan and applies to a specific area. The portion of the LPRO affected by the Plan includes Avenue Road to Yonge Street between Briar Hill Avenue and Roselawn Avenue and properties fronting onto Yonge Street between Briar Hill Avenue and Alexandra Blvd. The City engaged in a collaborative process with residents for several years to develop a new secondary plan for the Yonge-Eglinton Area to ensure development occurred in a responsible manner. After the new Plan was approved by City Council in 2018, the Ontario Minister of Municipal Affairs and Housing made numerous changes to weaken policies designed to restrict development. This included increasing height limitations and relaxing other policies such as setbacks of new buildings. The Yonge-Eglinton Secondary Plan as modified by the Minister is now in-force. Additional information can be found here.
MID-RISE GUIDELINES
Development on Yonge Street is evaluated using the “Mid-Rise Guidelines” which apply to a number of “Avenues” across the City that do not have specific studies such as the Avenue Road Study. Avenues are major roads designated for growth in the Official Plan. These Guidelines set out specific performance standards for new buildings including height, angular planes, and setbacks. The Mid-Rise Guidelines can be found here.
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