Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 1, 2021
CASE NO.: PL170294
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: CCB Bathurst Street Investments Inc.
Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: Reinvestment Area (RA)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 19-storey residential development with retail at the ground floor
Property Address/Description: 149, 151, 153, 155 and 157 Bathurst Street
Municipality: City of Toronto
Municipality File No.: 16 191733 STE 20 OZ
OLT Case No.: PL170294
OLT File No.: PL170294
OLT Case Name: CCB Bathurst Street Investments Inc. v. Toronto (City)
BEFORE:
R.G.M. MAKUCH
Friday, the 1st
VICE-CHAIR
day of October, 2021
THIS MATTER having come on for public hearing, and the Local Planning Appeal Tribunal in its Decision issued on April 23, 2019, having withheld its final Order pending confirmation that the conditions requested by Council have been met;
AND THE TRIBUNAL having received confirmation that conditions were met and having received a request for the Tribunal to issue its final Order;
THE TRIBUNAL ORDERS that Zoning By-law 438-86 for the City of Toronto is amended as set out in Attachment “1” to this Order and that Zoning By-law 569-2013 for the City of Toronto is amended as set out in Attachment “2” to this 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”
Authority: Ontario Land Tribunal Decision issued on April 23, 2019 and Order issued on [Date] in Tribunal File PL170294
CITY OF TORONTO
BY-LAW ~-2021 (OLT)
To amend City of Toronto Zoning By-law 438-86 for the former City of Toronto, as amended, with respect to the lands municipally known in the year 2021 as 149-157 Bathurst Street.
Whereas the Ontario Land Tribunal by its Decision issued on April 23, 2019 and Order issued on [Date] in respect of Tribunal File PL170294, approved amendments to the former City of Toronto Zoning By-law 436-86, as amended, with respect to the lands municipally known in the year 2021 as 149-157 Bathurst Street; and
Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, R.S.O., c. P.13, as amended, to pass this By-law; and
Zoning By-law 438-86, as amended, is further amended by the Ontario Land Tribunal as follows:
- None of the provisions of Section 2 with respect to the definitions of the terms grade, height and lot and Sections 4(2)(a), 4(5), 4(8), 4(10), 4(12), 4(13), 4(16), 4(17), 7(3) PART II 1, 7(3) PART II 2, 7(3) PART II 7, 12(2)246, 12(2)260 and 12(2)380 of Zoning By-law 438-86, as amended, shall apply to prevent the erection of a mixed-use building and parking stacker on a lot provided that:
(A) the lot comprises the lands delineated by heavy lines on Map 1 attached to and forming part of By-law [Clerks to supply ##];
(B) the gross floor area on the lot shall not exceed a maximum of 6,000 square metres for residential uses and 250 square metres for non-residential uses;
(C) no portion of any building or structure erected on the lot shall have a greater height in metres than the height limits specified by the numbers following the symbol "HT" identified on Map 2 attached to and forming part of By-law [Clerks to supply ##], with the exception of the following:
(i) parapets, ornamental elements, pavers, balustrades, railings and dividers, pergolas, trellises, planters, eaves, skylights, mechanical equipment, access hatches, roof assemblies, roof drainage, window washing equipment, light fixtures, pavers, elements of a green roof, structures located on the roof used for outside or open air recreation, air vents, and exit hatch, which may project up to 2.0 metres beyond the height in metres following the symbol "HT" within that area on Map 2;
(ii) wind screens, terrace or balcony guardrails, privacy screens, stair enclosures, generators, cooling towers and chillers, mechanical and architectural screens, garbage chute exhausts, exhausts, chimneys vents, lightning rods, stair overrun, which may project up to 4.0 metres beyond the height in metres following the symbol "HT" within that area on Map 2; and
(iii) elevator overrun, which may project up to 5.0 metres beyond the height in metres following the symbol "HT" within that area on Map 2.
(D) no portion of any building or structure erected on the lot shall be located otherwise than wholly within the heavy lines identified on Map 2 attached to and forming part of By-law [Clerks to supply ##], with the exception of the following:
(i) cornices, eaves, light fixtures, awnings, canopies, parapets, ornamental elements, landscaping features, trellises, window sills, ornamental elements, ventilation shafts, balustrade, railings, wheelchair ramps, screening, stair enclosures, doors, underground garage ramp, wheelchair ramps; and
(ii) balconies and terraces, extending no more than 1.5 metres beyond the heavy lines shown on Map 2.
(E) Notwithstanding regulations (c) and (d) above, a building or structure erected on the lot may encroach up to 1.5 metres into the required minimum building setbacks identified with heavy lines on Map 2 within the areas identified as 'Areas of Articulation' on Map 3 and Map 4, attached to and forming part of this By-law [Clerks to supply ##] at the height of the associated storey identified on Map 3 and Map 4 attached to and forming part of this By-law [Clerks to supply ##];
(F) Notwithstanding regulations (c) and (d) above, the following elements of a building or structure may project above or below the 'Areas of Articulation Areas' illustrated on Map 3 and Map 4 attached to By-law [Clerks to supply ##] as follows:
(i) parapets, ornamental elements, pavers, balustrades, railings and dividers, pergolas, trellises, planters, eaves, skylights, mechanical equipment, , access hatches, roof assemblies, roof drainage, window washing equipment, light fixtures, pavers, elements of a green roof, structures located on the roof used for outside or open air recreation, air vents, and exit hatch, which may project up to 2.0 metres above the 'Areas of Articulation' illustrated on Map 3 and Map 4 attached to By-law [Clerks to supply ##]; and
(ii) wind screens, terrace or balcony guardrails, privacy screens, stair enclosures, generators, cooling towers and chillers, mechanical and architectural screens, garbage chute exhausts, exhausts, chimneys vents, lightning rods, stair overrun, which may project up to 4.0 metres above the 'Articulation Areas' illustrated on Map 3 and Map 4 attached to By-law [Clerks to supply ##].
(G) Vehicle parking spaces shall be provided on the lot in accordance with the following:
(i) a minimum of 0.20 vehicle parking spaces per dwelling unit;
(ii) no parking spaces for visitors; and
(iii) no parking spaces for non-residential uses.
(H) Vehicle parking spaces may be provided within a parking stacker, except that for the purpose of By-law [Clerks to supply ##], a parking stacker may have dimensions of not less than 2.4 metres in width by 5.3 metres in length;
(I) Bicycle parking spaces shall be provided on the lot in accordance with the following:
(i) a minimum of 0.9 bicycle parking spaces – occupant; and
(ii) a minimum of 0.1 bicycle parking spaces – visitor.
(J) Notwithstanding any other provision in By-law 438-86, a bicycle parking space – occupant and a bicycle parking space - visitor may be provided in a stacked bicycle parking space, located on the ground level or below grade or above grade, which has a horizontal dimension of at least 0.3 metres by at least 1.8 metres and has a combined vertical dimension for two stacked bicycle parking spaces of at least 2.4 metres;
(K) A minimum of one loading space must be provided and maintained on the lot in accordance with the following:
(i) minimum length of 11.0 metres;
(ii) minimum width of 2.8 metres; and
(iii) minimum vertical clearance of 5.8 metres.
(L) Residential amenity space shall be provided on the lot in accordance with the following ratios:
(i) a minimum of 1.95 square metres per dwelling unit of indoor residential amenity space; and
(ii) a minimum of 1.97 square metres per dwelling unit of outdoor residential amenity space.
None of the provisions of Zoning By-law 438-86, as amended, or By-law [Clerks to supply ##] shall apply to prevent a temporary sales office on the lot;
For the purposes of By-law [Clerks to supply ##], all italicized words and expressions have the same meaning as defined in By-law 438-86, as amended, with the exception of the following:
(A) "stacked bicycle parking space" means a horizontal bicycle parking space that is positioned above or below another bicycle parking space and equipped with a mechanical device providing floor level access to both bicycle parking spaces;
(B) "grade" means 90.41 metres Canadian Geodetic Datum;
(C) "gross floor area" means the sum of the total area of each floor level of a building, above and below the ground, measured from the exterior of the main wall of each floor level, which may be reduced by the area in the building used for:
(i) parking, loading and bicycle parking below-ground;
(ii) required loading spaces on the ground level and required bicycle parking spaces at or above-ground;
(iii) storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms in the basement;
(iv) shower and change facilities that are required by this By-law for required bicycle parking spaces;
(v) amenity space required by this By-law;
(vi) elevator shafts;
(vii) garbage shafts;
(viii) mechanical penthouse;
(ix) mechanical rooms above ground; and
(x) exit stairwells in the building.
(D) "height" means the vertical distance between grade and the highest point of the roof of any building on the lot, except for those elements prescribed by By-law [Clerks to supply ##]; and
(E) "lot" shall refer to those lands delineated by a heavy black line on Map 1, attached to and forming part of By-law [Clerks to supply ##];
- Notwithstanding any severance, partition or division of the lot, the provisions of By-law [Clerks to supply ##] shall apply to the whole of the lot as if no severance, partition or division had occurred.
Ontario Land Tribunal Decision issued on April 23, 2019 and Order issued on [Date] in Tribunal File PL170294
ATTACHMENT “2”
Authority: Ontario Land Tribunal Decision issued on April 23, 2019 and Order issued on [Date] in Tribunal File PL170294
CITY OF TORONTO
BY-LAW - 2021 (OLT)
To amend City of Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2020 as, 149-157 Bathurst Street.
Whereas after hearing an appeal under subsection 34(11) of the Planning Act, R.S.O c.P.13, as amended, the Ontario Land Tribunal by its Decision issued on April 23, 2019 and Order issued on [Date], in respect of Tribunal File PL170294, approved amendments to By-law 569-2013, as amended, with respect to the lands municipally known in the year 2020 as 149-157 Bathurst Street; and
Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, to pass this By-law; and
Therefore, By-law 569-2013, as amended, is further amended by the Ontario Land Tribunal 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, 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 990.10 respecting the lands outlined by heavy black lines to CRE(x37), as shown on Diagram 2 attached to this By-law;
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.12.10 Exception Number 37 so that it reads:
(37) Exception CRE x 37
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 the lands municipally known as 149-157 Bathurst Street, buildings or structures may be constructed or erected in compliance with regulations (B) to (T) below;
(B) The permitted residential gross floor area of all buildings and structures on the lot must not exceed 6,000 square metres, and the permitted non-residential gross floor area must not exceed 250 square metres;
(C) Despite regulation 50.5.40.40(3), the gross floor area of a mixed use building may also be reduced by the areas in the building used for mechanical rooms above ground;
(D) Despite regulation 50.5.40.10(1), the height of a building or structure is the vertical distance between the Canadian Geodetic Datum elevation of 90.41 metres and the highest point of the building or structure;
(E) Despite regulation 50.10.40.10(1), no portion of any building or structure may have a height greater than the height in metres specified by the number following the "HT" symbol as shown on Diagram 3 attached to By-law [Clerks to supply by-law ##];
(F) Despite clause 50.5.40.10 and regulation (E) above, the following elements of a building or structure may project above the maximum permitted height limits as indicated by the numbers following the symbol "HT" shown on Diagram 3 attached to By-law [Clerks to supply ##] as follows:
(i) Parapets, ornamental elements, pavers, balustrades, railings and dividers, pergolas, trellises, planters, eaves, skylights, mechanical equipment, access hatches, roof assemblies, roof drainage, window washing equipment, light fixtures, pavers, elements of a green roof, structures located on the roof used for outside or open air recreation, air vents, and exit hatch, by no more than 2.0 metres;
(ii) Wind screens, terrace or balcony guardrails, privacy screens, stair enclosures, generators, cooling towers and chillers, mechanical and architectural screens, garbage chute exhausts, exhausts, chimneys vents, lightning rods, stair overrun, by no more than 4.0 metres; and
(iii) Elevator overrun, by no more than 5.0 metres.
(G) Despite clause 50.5.40.70, regulations 50.10.40.70(1), (3) and (5), and 50.10.40.80(1) and (3), and Section 600.10 the required minimum building setbacks and minimum distance between main walls must be provided as shown in metres on Diagram 3 of By-law [Clerks to supply ##];
(H) Despite regulation 50.5.40.60(1), clause 50.10.40.60, Section 600.10 and regulation (G) above, the following elements of a building may encroach into the required building setback or separation distance as follows:
(i) Cornices, eaves, light fixtures, awnings, canopies, parapets, ornamental elements, landscaping features, trellises, window sills, ornamental elements, ventilation shafts, balustrade, railings, wheelchair ramps, screening, stair enclosures, doors, underground garage ramp, wheelchair ramps; and
(ii) Balconies and terraces, up to a maximum of 1.5 metres.
(I) Despite clauses 50.5.40.10, 50.10.40.70, 50.5.40.70 and 50.10.40.60 and regulation (G) above, a building may encroach up to 1.5 metres into the required minimum building setbacks in Diagram 3 within the areas identified as "Areas of Articulation" on Diagram 4 and Diagram 5, attached to By-law [Clerks to supply ##] at the height of the associated Storey identified on on Diagram 4 and Diagram 5, attached to By-law [Clerks to supply ##];
(J) Despite clause 50.5.40.10 and regulation (E) above, the following elements of a building or structure may project above or below the 'Articulation Areas' illustrated on Diagram 4 or Diagram 5 attached to By-law [Clerks to supply ##] as follows:
(i) Parapets, ornamental elements, pavers, balustrades, railings and dividers, pergolas, trellises, planters, eaves, skylights, mechanical equipment, access hatches, roof assemblies, roof drainage, window washing equipment, light fixtures, pavers, elements of a green roof, structures located on the roof used for outside or open air recreation, air vents, and exit hatch, by no more than 2.0 metres; and
(ii) Wind screens, terrace or balcony guardrails, privacy screens, stair enclosures, generators, cooling towers and chillers, mechanical and architectural screens, garbage chute exhausts, exhausts, chimneys vents, lightning rods, stair overrun, by no more than 4.0 metres.
(K) Despite regulation 50.10.40.50(1), amenity space must be provided as follows:
(i) A minimum of 1.95 square metres per dwelling unit of indoor amenity space; and
(ii) A minimum 1.97 of square metres per dwelling unit of outdoor amenity space.
(L) Despite the parking rates in Table 200.5.10.1(1), parking spaces must be provided in accordance with the following:
(i) A minimum of 0.20 parking spaces per dwelling unit for residents;
(ii) No parking spaces for visitors; and
(iii) No parking spaces for non-residential uses.
(M) Despite clause 200.5.1.10, parking spaces may be provided in stacked parking spaces, which must have minimum dimensions 2.4 metres in width by 5.3 metres in length;
(N) Despite regulation 200.5.1.3(A), the minimum width of a drive aisle or vehicle entrance and exit is 5.2 metres,
(O) Despite regulation 200.5.1.10(12)(C), the vehicle entrance may be located 0.0 metres from the lot line abutting a lane;
(P) Despite regulation 200.15.10(1), no accessible parking spaces are required;
(Q) Despite regulations 220.5.1.10(7) and 220.5.10(1), a minimum of one loading space must be provided with the following minimum dimensions:
(i) A minimum length of 11.0 metres;
(ii) A minimum width of 2.8 metres; and
(iii) A minimum vertical clearance of 5.8 metres.
(S) Despite regulations 220.5.20.1(1) and (3), the minimum width of a driveway leading to a loading space and of a vehicle entrance and exit is 3.3 metres;
(T) Despite regulation 230.5.1.10(4)(A), the minimum width of a stacked bicycle parking space is 0.3 metres and the minimum vertical clearance from the ground of a stacked bicycle parking space is 1.1 metres;
(U) Despite regulation 230.5.1.10(10), a "short-term" bicycle parking space may also be located in a stacked bicycle parking space;.
Prevailing By-laws and Prevailing Sections:
(A) 12(2)270 of former City of Toronto By-law 438-86
- Despite any existing or future severance, partition or division of the lot shown in Diagram 2 of this by-law, the provisions of this By-law apply to the whole lot as if no severance, partition or division occurred.
Ontario Land Tribunal Decision issued on April 23, 2019 and Order issued on [Date] in Tribunal File PL170294