Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 3, 2022 CASE NO(S).: OLT-22-004588
(Formerly PL170923)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
Muir Park Development Inc.
Subject:
Application to amend Zoning By-law No. 569-2013 & 438-86 – Refusal or neglect of the City of Toronto to make a decision
Existing Zoning:
CR (569-2013) & MCR (438-86)
Proposed Zoning:
Site Specific (To be determined)
Purpose:
To permit 7-storey mixed use development
Property Address/Description:
2851 Yonge St.
Municipality:
City of Toronto
Municipality File No.:
15 138688
OLT Case No.:
OLT-22-004588
Legacy Case No.:
PL170923
OLT Lead Case No.:
OLT-22-004588
Legacy Lead Case No.:
PL170923
OLT Case Name:
Muir Park Development Inc. v. Toronto (City)
BEFORE:
M.A. SILLS ) Thursday, the 3rd day
VICE CHAIR )
) of November, 2022
THE MATTER having come on for a public hearing on March 13 and 14, 2018, and the Ontario Municipal Board (as it was then known) by way of a decision issued on April 18, 2018 (the “Decision”), having determined that the appeal under subsection 34(11) of the Planning Act (the “Appeal”) should be allowed and having approved the proposed redevelopment of the lands known municipally in the City of Toronto as 2851 Yonge Street, but withholding its final order pending finalization of the form of the zoning by-law amendment(s) and submission of updated engineering reports to the satisfaction of the City of Toronto (the “Pre-Conditions”);
AND THE TRIBUNAL having been advised by the Parties that the Pre-Conditions have been satisfied to the satisfaction of the City;
AND THE TRIBUNAL being satisfied that its direction as set out in the Decision has been met;
THE TRIBUNAL HEREBY ORDERS that the Appeal is allowed and that the City of Toronto Zoning By-law 569-2013, as amended, is hereby amended in the manner as set out in Attachment “1” to this Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number of this by-law for record keeping purposes.
“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.
ATTACHMENT 1
ZONING BY-LAW AMENDMENT TO
BY-LAW NO. 569-2013 OF THE CITY OF TORONTO
Authority: Local Planning Appeal Tribunal order issued on April 18, 2018 and Ontario Land Tribunal Decision issued on November 3, 2022 in File OLT-22-004588 (Formerly PL170923)
CITY OF TORONTO BY-LAW -2022(OLT)
To amend City of Toronto Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 2851 Yonge Street.
Whereas the Ontario Land Tribunal (formerly the Local Planning Appeal Tribunal), by its Decision issued on April 18, 2018, and Order issued on November 3, 2022, in Tribunal File PL170923, approved amendments to Toronto Zoning By-law 569-2013, as amended with respect to the lands; and
The Ontario Land Tribunal, by Order, amends 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 same 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 subject to this By-law, as outlined by heavy black lines to CR 3.9 (c0.5; r3.9) SS2 (x823), as shown on Diagram 2 of this By-law.
Zoning By-law 569-2013, as amended, is further amended by amending Article
900.11.10 Exception Number 823 so that it reads:
(823) Exception CR 823
The lands, or portion thereof as noted below, are subject to a new Site Specific Provisions, Prevailing By-laws and Prevailing Sections, as listed below:
Site Specific Provisions
(A) On 2851 Yonge Street, if the requirements of By-law - 2022 [Clerks to insert number] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) through (O) below;
(B) The permitted maximum number of dwelling units is 29;
(C) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 164.1 metres and elevation of the highest point of the building or structure;
(D) Despite Regulation 40.10.40.10(2), the permitted maximum height of a building is the numerical value in metres following the "HT" symbol, as shown on Diagram 3 of By-law - 2022 [Clerks to insert number];
(E) Despite Regulation 40.10.40.10(5), the required minimum height of the first storey, as measured between the floor of the first storey and the ceiling of the first storey, is 3.8 metres;
(F) Despite Regulation 40.10.40.10(7), the permitted maximum number of storeys in a building is the number following the letters "ST", as shown on Diagram 3 of By- law - 2022 [Clerks to insert number];
(i) for the purpose of this exception, a mechanical penthouses, stair enclosure, and elevator overruns do not constitute a storey;
(G) Despite Regulations 40.5.40.10(3) to (8), 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 ##]:
(i) equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, by a maximum of 6 metres;
(ii) structures that enclose, screen or cover the equipment, structures and parts of a building listed in (i) above, inclusive of a mechanical penthouse, by a maximum of 6 metres; and,
(iii) railings, roof build-up, parapets and guardrails by a maximum of 2 metres.
(H) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area of all
buildings and structures on the lot is 3,510 square metres, of which:
(i) the maximum permitted gross floor area for non-residential uses is 50 square metres;
(I) Regulation 40.10.40.1(1) shall not apply;
(J) Despite (I) above, no residential dwellings on the ground floor may be permitted within 5 metres of the front lot line;
(K) Despite Regulation 40.10.40.70(2), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law ##];
(L) Despite Regulation 40.10.40.60(1)(A), and (K) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(i) railing, decks, porches, and balconies no higher than the floor level of the first storey of the building, by a maximum of 4.5 metres, on the east side of the building
(ii) railings, decks, porches, and balconies at the third and fourth storeys of the building, by a maximum of 1.5 metres, on the east side of the building
(iii) planters at the third and fourth storeys of the building, by a maximum of 1 metres, on the east side of the building
(vi) railings and planters at the fifth and sixth storey of the building, by a maximum of 3.15 metres, on the east side of the building
(viii) railings and planters at the seventh storey of the building, by a maximum of 3.6 metres, on the east side of the building
(ix) railings and planters at the mechanical penthouse of the building, by a maximum of 3.1 metres, on the east side of the building
(x) railings at the mechanical penthouse of the building, by a maximum of 5.5 metres, on the north of the building
(xi) railings at the mechanical penthouse of the building, by a maximum of 2.5 metres, on the west side of the building
(xii) railings at the mechanical penthouse of the building, by a maximum of 5.7 metres, on the south side of the building
(M) Despite Regulation 40.10.50.10(3), no soft landscaping strip is required along the rear property line where it abuts a lot in the Residential Zone category;
(N) Regulation 40.10.40.60(9) shall not apply;
(O) Despite Clause 200.5.10.1 and Table 200.5.10.1, parking spaces will be provided as follows:
(i) a minimum of 0.50 parking spaces are required for each bachelor
dwelling unit;
(ii) a minimum of 0.50 parking spaces are required for each 1-bedroom
dwelling unit;
(iii) a minimum of 0.75 parking spaces are required for each 2-bedroom
dwelling unit;
(iv) a minimum of 0.75 parking spaces are required for each 3-bedroom
dwelling unit;
(v) a minimum of 0.06 visitor parking spaces are required for each dwelling unit; and
(vi) no commercial parking spaces are required.
(P) All parking spaces for residential dwelling units may be stacked parking spaces;
(Q) Despite Regulation 220.5.10.1(2), 1 Type "C" loading space is required on the site for residential and commercial uses combined;
(R) Despite Regulation 220.5.1.10(8)(C)(ii), a Type "C" loading space must have a minimum width of 3.0 metres.
Local Planning Appeal Tribunal order issued on April 18, 2018 and Ontario Land Tribunal Decision issued on November 3, 2022 in File PL170923.