Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 18, 2021
CASE NO(S).: PL200661
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Federico Paul
Subject: By-law No. 844-2020
Municipality: City of Toronto
LPAT Case No.: PL200661
LPAT File No.: PL200661
LPAT Case Name: Paul v. Toronto (City)
Heard: July 27, 2021 by written submission
APPEARANCES:
| Parties | Counsel |
|---|---|
| Sterling Homes (Weston Rd.) Inc. | Matthew Helfand |
| City of Toronto | Sara Amini |
DECISION DELIVERED BY R.G.M. MAKUCH AND ORDER OF THE TRIBUNAL
1Sterling Homes (Weston Rd.) Inc. (“Sterling”) is the owner of the lands municipally known as 2996 Weston Road, in the City of Toronto (“Site”), which is currently developed with a single detached dwelling. It is located within an existing residential neighbourhood that is well served by public transit and improvements to municipal infrastructure are not required to support the proposed redevelopment of the Site.
2In May 2018, Sterling filed an application to amend the City of North York Zoning By-law No. 7625 and City-wide Zoning By-law No. 569-2013 to permit six three-storey single detached dwellings on the Site. The Applications were supported by a number of studies and supporting documents and were deemed complete on May 23, 2018.
3A community consultation meeting was held by the City and the Applicant on March 26, 2019, to consider the Application. The proposed redevelopment was revised following this meeting in order to, and among other things, reduce the redevelopment from six to five lots.
4A second community consultation meeting was held February 25, 2020 respecting the five-lot proposal. In a Final Report dated August 18, 2020 City Staff recommended approval of the Applications to amend the Zoning By-laws. City Staff in this report concluded that the proposed redevelopment is consistent with the Provincial Policy Statement (2020), conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) and conforms with the City's Official Plan.
5Statutory public meetings to consider the proposal were held on September 9 and 30, 2020, City Council adopted the Staff recommendations in the Final Report, and enacted Zoning By-laws Nos. 843-2020 and 844-2020 to facilitate the proposed redevelopment.
6Sterling appealed Council’s approval of By-law No. 844-2020 on November 4, 2020 in order to correct the approved west side-yard setback of Lot 5 from 11.75 metres (“m”) to 1.8 m, reflecting the general by-law standard. Sterling states that the 11.75 m west side yard setback reflected the location of the fifth lot under the original six (6) lot configuration and that notwithstanding the reduction from six (6) to five (5) lots before final approval of the proposed redevelopment, the 11.75 m setback was not adjusted to reflect the general by-law standard for a side yard. Furthermore, Sterling stated that the proposed 1.8 m side yard setback for lot five (5) is more consistent with the side yard setbacks for the remaining lots in the proposed redevelopment, and reflects the underlying side yard setback standard which would apply under the North York Zoning By-law No. 7625 and City-wide Zoning By-law No. 569-2013.
7The proposed redevelopment of the Site would remain unchanged from that which was approved by City Council; the proposed change to the Zoning By-laws seeks only to correct the side yard setback as noted above.
8The parties have advised the Tribunal that they have settled their differences and have requested that it approve the settlement.
9The Tribunal by Notice dated June 18, 2021 directed that the settlement proposed be considered based on the submission of written materials. The materials before the Tribunal consist of the Sterling Homes (Weston Rd) Inc. Motion record dated July 19, 2021, including the Affidavit of Kevin Bechard, B.E.S., M.S.C, R.P.P. sworn on July 16, 2021. Mr. Bechard is a duly qualified Professional Land Use Planning consultant. He provided the Tribunal with a comprehensive overview of the application and the relevant planning documents.
SETTLEMENT
10The only evidence before the Tribunal is the uncontradicted Affidavit of Kevin Bechard sworn on July 16, 2021, and the Tribunal is satisfied based on this evidence that the settlement should be approved and that the appeal should be allowed in order to amend the Zoning By-law in accordance with Attachment 1 hereto.
11A Request for Directions Report, dated March 30, 2021, was prepared by City Planning Staff in respect of the proposed settlement. In this Report, Staff confirmed that the proposed correction, along with the resulting redevelopment, inclusive of the reduced west side-yard setback, is consistent with the Provincial Policy Statement (2020), conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) and conforms with the City's Official Plan.
12The Request for Directions Report was considered by Community Council at its meeting on April 19, 2021, and by City Council at its meeting on May 5, 2021. City Council adopted the Staff Recommendation in the Request for Direction Report, and directed that the City Solicitor, and appropriate Staff, attend this hearing in support of the settlement. This appeal relates solely to the issue of revising the Lot 5 west side-yard setback from 11.75 m to 1.8 m, in accordance with the Settlement Proposal. Mr. Bechard opined that the redevelopment, inclusive of the corrected west side yard setback for Lot 5, continues to represent good planning and is the same as approved by Council on September 30, 2020. The by-law side yard setback requirement is being corrected to reflect the proposal as approved by Council on May 5, 2021.
13The Tribunal is satisfied that:
- Approval of the Proposed Settlement is consistent with the PPS;
- The proposed redevelopment as a whole conforms to the Growth Plan. It supports the achievement of complete communities, prioritizes for intensification and higher densities in the existing urban boundary, makes efficient use of land and infrastructure and supports the existing transit infrastructure along Weston Road;
- The Proposed Settlement conforms with the City Official Plan;
- In light of the change to a five-lot proposal, it is appropriate to revise the west side yard setback for Lot 5 to 1.8 m; and
- the draft revised Zoning By-law, represents good planning.
ORDER
14The Tribunal having considered the Motion Record filed in support of the Settlement by Sterling Homes (Weston Rd) Inc., including the Affidavit of Kevin Bechard, B.E.S., M.S.C, R.P.P., sworn on July 16, 2021, as well as the Response to Motion filed by the City of Toronto, orders as follows:
A) The appeal filed by Sterling Homes (Weston Rd) Inc. in OLT File No. PL200661, is hereby allowed;
B) On the consent of the Parties, the Tribunal modifies, and as so modified, approves Zoning By-law No. 844-2020 in the form attached hereto as Attachment 1 (Schedule A Exhibit O to the affidavit of Kevin Bechard sworn on July 16, 2021); and
C) The Tribunal may be spoken to concerning issues arising from the implementation of this Order.
“R.G.M. Makuch”
R.G.M. MAKUCH VICE-CHAIR
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.