Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 15, 2021

CASE NO(S).: PL171480

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Bellegate Developments Limited & Gates Of Humber Ridge Inc.

Subject: Application to amend Zoning Highland Creek Community By-law No. 10827 - Refusal or neglect of the City of Toronto to make a decision

Existing Zoning: Single Family Residential (S)

Proposed Zoning: Street Townhouse Zone (ST)

Purpose: To permit the three townhouses and the proposed lot areas, lot frontage and building setbacks.

Property Address/Description: 6480, 6482 & 6484 Kingston Road

Municipality: City of Toronto

Municipality File No.: 15 271011 ESC 44 OZ

OMB Case No.: PL171480

OMB File No.: PL171480

OMB Case Name: Bellegate Development Ltd. Et Al v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Bellegate Developments Limited & Gates Of Humber Ridge Inc.

Subject: Proposed Plan of Subdivision - Failure of the City of Toronto to make a decision

Purpose: To permit the three townhouses and the proposed lot areas, lot frontage and building setbacks.

Property Address/Description: 6480, 6482 & 6484 Kingston Road

Municipality: City of Toronto

Municipality File No.: 15 271007 ESC 44 SB

OMB Case No.: PL171480

OMB File No.: PL171481

BEFORE:

M. A. SILLS VICE-CHAIR

Wednesday, the 15th day of September, 2021

THESE MATTERS having come before on for public hearing and the Tribunal having issued its interim decision on July 4, 2019, having withheld its final order to pending the completion of certain matters;

AND THE TRIBUNAL having been advised by the parties that the conditions outlines in paragraphs 19-22 of the interim order have been satisfied;

THE TRIBUNAL ORDERS that the Zoning By-law amendments attached as Attachments 1 and 2 are approved, that the draft plan of subdivision attached as Attachment 3 is approved and conditions of draft plan approval attached as Attachment 4 have been finalized.

"Becky Fong"

BECKY FONG 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

Authority: Local Planning Appeal Tribunal Decision issued on July 4, 2019 and Ontario Land Tribunal Order issued on [INSERT DATE] for Tribunal Case PL171480

CITY OF TORONTO

BY-LAW ~-2021(OLT)

To amend Zoning By-law 10827, as amended, with respect to the lands municipally known as, 6480-6484 Kingston Road.

Whereas the Local Planning Appeal Tribunal continued as the Ontario Land Tribunal, pursuant to a decision issued on July 4, 2019, and an order issued on [INSERT DATE], following an appeal pursuant to section 34(11) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, determined to amend the the Zoning By-law 10827, as amended, with respect to the lands municipally known in the year 2019, as 6480-6484 Kingston Road.

Therefore Zoning By-law 10827, as amended, is further amended by the Ontario Land Tribunal (OLT) as follows:

1. SCHEDULE 'A' of the Highland Creek Community Zoning By-law 10827, is amended by deleting the current zoning on the lands outlined on the attached Schedule '1', and replacing it with amended zoning that reads as follows:

S-56-138-270-285-383-416 S-60-138-270-285-380-416 S-60-138-270-285-381-382-416 S-138-270-285-381-416-526-527 ST-60C-138-270-282-283-285-416-578 ST-60C-108-138-270-282-284-285-416-578

2. SCHEDULE 'B', PERFORMANCE STANDARD CHART, is amended by adding the following Performance Standards:

MISCELLANEOUS

282. A lot containing a street townhouse dwelling unit shall have a minimum lot area of 150 square metres and minimum lot frontage of 6 metres

283. The maximum coverage for a street townhouse dwelling unit and an accessory building on a lot shall be 56 percent.

284. The maximum coverage for a street townhouse dwelling unit and any accessory buildings shall be 50 percent of the lot.

285. For street townhouse dwellings and single family dwellings: stairs may encroach 1.2 metres into a required front yard abutting a street and balconies, platforms and stairs may encroach 1.5 metres into a required rear yard.

INTENSITY OF USE

380. A single-family dwelling per parcel of land with a minimum lot frontage of 6.0 metres, and a minimum lot area of 210 square metres.

381. A single-family dwelling per parcel of land with a minimum lot frontage of 9.0 metres and a minimum lot area of 179 square metres.

382. Lot Frontage shall be measured at the horizontal distance between the side lot lines of a lot, or the projection of the side lot lines, measured along a straight line drawn perpendicular to the lot centreline at the required minimum setback to the garage main wall

383. A single-family dwelling per parcel of land with a minimum lot frontage of 8.4 m, and a minimum lot area of 210 square metres.

HEIGHT

416. The height of any building, as measured from the established grade to the highest point of a building shall not exceed a maximum of 9 metres and 3 storeys.

SETBACKS

526. Notwithstanding Performance Standard No. 60, any portion of a building as measured 10 metres from the rear lot line must be setback 2.5 metres from the north lot line.

MISCELLANEOUS

578. A minimum of 30 percent of the front yard shall be maintained as landscaping per lot containing a street townhouse dwelling unit.

579. SCHEDULE 'C', EXCEPTION LIST, is amended by adding Exception Number 62 & 64 so that it reads as follows:

580. On the lands identified as Exception Number 62 on the accompanying Schedule 'C' Map, the following provision shall apply;

(a) Notwithstanding CLAUSE VI GENERAL PROVISIONS FOR ALL ZONES, Section 7. Swimming Pools and Clause VII GENERAL PARKING REGULATIONS FOR ALL ZONES, Section 2.1.4 Garages, Carports and other Accessory Buildings, In-ground swimming pools, accessory structures and accessory buildings partially or fully below grade in any yard shall not be permitted.

64. On the lands identified as Exception Number 64 on the accompanying Schedule 'C' Map, the following provision shall apply

(a) For the purposes of calculating height the minimum front yard setback shall be the required setback to the main wall containing the entrance to the required parking space.

4. SCHEDULE 'C', EXCEPTION MAP is amended by adding Exception Number 61, 62, and 64 to the lands outlined on Schedule '2'.

Ontario Land Tribunal Order issued on [INSERT DATE] for Tribunal Case PL171480

ATTACHMENT 2

Authority: Local Planning Appeal Tribunal Decision issued on July 4, 2019 and Ontario Land Tribunal Order issued on [INSERT DATE] for Tribunal Case PL171480

CITY OF TORONTO

BY-LAW XXXX-2021(OLT)

To amend the Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2019 as, 6480, 6482 and 6484 Kingston Road.

Whereas the Local Planning Appeal Tribunal continued as the Ontario Land Tribunal, pursuant to a decision issued on July 4, 2019 and an order issued on [INSERT DATE], following an appeal pursuant to section 34(11) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, determined to amend the the Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2019, as 6480-6484 Kingston Road.

The Ontario Land Tribunal enacts:

1. The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law;

2. The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, Chapter 800 Definitions;

3. Zoning By-law 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.10, respecting the lands outlined by heavy black lines to RT (x186) as shown on Diagram 2 attached to this By-law; and

Exception RT 186

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) For the purpose of calculating setbacks and establishing internal lot orientation, the front lot line is the shortest lot line which divides the lot from a street;

(B) For the purposes of calculating height and lot frontage, the minimum front yard setback shall be the required setback to the main wall containing the entrance to the required parking space.

(C) An in-ground swimming pool, ancillary building or structure partially or fully below ground is not permitted;

(D) Despite regulations 10.5.40.70(1) and 10.60.40.70(1), the required minimum front yard setback is 3.0 metres, and for the main wall containing the entrance to a required parking space is 6.0 metres;

(E) A required parking space must be located in an attached parking garage.

(F) Despite regulations 10.60.40.10, the permitted maximum height is 3 storeys; and 9.0 metres;

(G) Despite regulation 10.60.40.80, the required minimum above-ground separation distance for between main walls does not apply.

(H) Despite regulation 10.60.30.10, the required minimum lot area for each lot containing a townhouse dwelling unit is 150 square metres;

(I) On Area A as identified on Diagram 6 of By-law XXXX-2021, the following applies:

(i) Despite regulation 10.60.30.40(1)(A) the permitted maximum lot coverage is 56 percent;

(J) On Area B as identified on Diagram 6 of By-law XXXX-2021, the following applies:

(i) Despite regulations 10.60.30.40(1) and 10.5.60.70 (1) the permitted maximum lot coverage is 50 percent;

(ii) Despite regulation 10.60.40.70 (2) the required minimum rear yard setback is 6.0 metres.

(iii) Despite regulation 10.5.80.40(3)(B) vehicle access to a parking space on a lot is required to be from the street on which the lot fronts.

(K) Despite regulation 10.5.50.10(1) (B) and (D) a minimum of 30 percent of the front yard must be landscaping, and a minimum of 75 percent of the front yard must be soft landscaping.

(L) Despite regulation 10.60.40.70(3) the required minimum side yard setback is 1.2 metres for a townhouse.

(M) Despite regulation 10.60.40.1(3) the required minimum width of a dwelling unit in a townhouse building type is 5.8 metres.

6. Zoning By-law 569-2013, as amended, is further amended by adding the lands as shown on Diagram 3 to Zoning By-law Map in Section 990.10, and applying the following zone label to these lands: RD (x658) as shown on Diagram 2 attached to this By-law;

7. Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Policy Areas Overlay Map in Section 995.10.1 as shown on Diagram 3 attached to this By-law;

8. Zoning By-law 569 -2013, as amended, is further amended by adding the lands subject to this By-law to the Height Overlay Map in Section 995.20.1, and applying the following height and storey label to these lands: HT 10, ST 2 as shown on Diagram 4 attached to this Bylaw;

9. Zoning By-law 569 -2013, as amended, is further amended by adding the lands subject to this By-law to the Lot Coverage Overlay Map in Section 995.30.1, and applying the following lot coverage label of 40 percent to lands, as shown on Diagram 5 attached to this By-law; and

10. Zoning By-law 569 -2013, as amended, is further amended by adding the lands subject to this By-law to the Rooming House Overlay Map in Section 995.40.1, and applying the following Rooming House as shown on Diagram 3 attached to this By-law.

Exception RD 658

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) An in-ground swimming pool, and ancillary building or structure partially or fully below ground, is not permitted;

(B) For the purposes of calculating height and lot frontage, the minimum front yard setback shall be the required setback to the main wall containing the entrance to the required parking space

(C) Despite regulation 10.20.30.20(1), the required minimum lot frontage is 8.4 metres

(D) A required parking space must be located in an attached parking garage.

(E) Despite regulation 10.20.40.70(1) and 10.5.40.70.1, the required minimum front yard setback is 3.0 metres except that the required minimum front yard setback for the main wall containing the entrance to a required parking space is 6.0 metres.

(F) Despite regulations 10.20.40.10(4)(A) and (C) the permitted maximum height is 3 storeys and 9.0 metres

(G) Despite regulations 10.20.40.10(7), on a detached house with two or more storeys, the exterior sides of a dormer are not main walls if the total width of dormers projecting from the surface of a roof does not occupy more than 70 percent of the total width of the building's main walls on the same front, rear or side as the dormers, measured at the level of the uppermost storey below the roof.

(H) Despite regulation 10.20.40.70(3), the required minimum side yard setback is 1.2 metres on one side and 0.6 metres on the other side.

(I) Despite 10.5.40.60(7) (B) Roof Projections, the eaves may encroach into a required minimum setback

(J) On Area C as identified on Diagram 6 of By-law XXXX-2021, the following will apply:

(i) The required minimum lot area is 179 square metres

(ii) Despite regulation (G) above and regulation 10.20.40.70(3), the required minimum building setback from the north lot line must be 1.2 metres except any portion of a building within 10m as measured from the rear lot line must be setback 2.5 metres from the north lot line and the required minimum building setback must be 0.6 metres from the south side lot line; and

(iii) Despite regulation 10.5.80.40(3)(B) vehicle access to a parking space on a lot is required to be from the street on which the lot fronts.

(K) On Area D as identified on Diagram 6 of By-law XXXX-2021, the following will apply:

(i) Despite regulation 10.20.30.10(1) the required minimum lot area is 210 square metres; and

(ii) Despite (G) and regulation 10.20.40.70(3), the required minimum side yard setback is 1.2 metres.

(L) On Area E as identified on Diagram 6 of By-law XXXX-2021, the following will apply:

(i) Despite regulation 10.20.30.10(1) the required minimum lot area for each lot is:

(a) Lot 9 185 square metres

(b) Lot 3 200 square metres

(c) Lot 4 280 square metres

(d) Lot 5 460 square metres

(e) Lot 6 260 square metres

(f) Lot 7 200 square metres

Ontario Land Tribunal Order issued on [INSERT DATE] for Tribunal Case PL171480