Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 8, 2022
CASE NO.: OLT-22-004581 (Formerly MM160016)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Subject: Site Plan
Referred by: 2325968 Ontario Inc.
Property Address/Description: 2932 to 2942 Bayview Ave.
Municipality: City of Toronto
OLT Case No.: OLT-22-004581
Legacy Case No.: MM160016
OLT Lead Case No.: OLT-22-004581
Legacy Lead Case No.: MM160016
OLT Case Name: 2325968 Ontario Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2325968 Ontario Inc.
Subject: Application to amend Zoning By-law No. 7625 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: R6 and RD(f12.0;a370)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit 48 apartment units divided into two blocks above grade.
Property Address/Description: 2932 to 2942 Bayview Ave.
Municipality: City of Toronto
Municipality File No.: 15 205085 NNY 23 OZ
OLT Case No.: OLT-22-004587
Legacy Case No.: PL160294
OLT Lead Case No.: OLT-22-004581
Legacy Lead Case No.: MM160016
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2325968 Ontario Inc
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation: Neighbourhoods
Proposed Designated: Neighbourhoods Special Exception
Purpose: To permit 48 apartment units divided into two blocks above grade.
Property Address/Description: 2932 to 2942 Bayview Ave
Municipality: City of Toronto
Approval Authority File No.: 15 205085 NNY 23 OZ
OLT Case No.: OLT-22-004586
Legacy Case No.: PL160293
OLT Lead Case No.: OLT-22-004581
Legacy Lead Case No.: MM160016
BEFORE:
SHARYN VINCENT VICE-CHAIR
Tuesday, 8th day of November, 2022
THIS MATTER having come on for a settlement hearing via telephone conference on April 9, 2020;
AND THE TRIBUNAL having been satisfied by the planning evidence of Michael Vani provided by an Affidavit sworn on April 6, 2020;
AND THE TRIBUNAL having been advised the Appellant has withdrawn its appeal of the Official Plan Amendment by letter dated April 9, 2020;
AND THE TRIBUNAL having issued an approval in principle of the Zoning By-law Amendments and Site Plan Approval Application in its Decision dated May 12, 2020 subject to the preconditions to the issuance of a Final Order requested by the City of Toronto and consented to by the Appellant;
AND THE TRIBUNAL having issued a letter dated October 20, 2020 confirming that the Tribunal would be placing the case (LPAT Case No. MM160016) into inactive status until the parties provide confirmation of completion of the preconditions;
AND THE TRIBUNAL now being advised by the Appellant and the City Solicitor that the proposed Zoning By-law Amendments to City of Toronto Zoning By-law 569-2013 and to former North York Zoning By-law No. 7625 are in a form satisfactory to the City of Toronto (together, the “Zoning By-law Amendments”);
AND THE TRIBUNAL now being advised that the Appellant has addressed the outstanding items outlined in the memorandum from Engineering and Construction Services dated December 17, 2019, revised January 24, 2020 and February 12, 2020, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
AND THE TRIBNAL now being advised by the Appellant and the City Solicitor that both are jointly requesting the issuance of the Tribunal’s Order in respect of the Zoning By-law Amendments;
AND THE TRIBUNAL having received, considered, and determined the request for the Final Order in respect of the Zoning By-law Amendments on October 31, 2022;
THE TRIBUNAL THEREFORE ORDERS
That City of Toronto Zoning By-law No. 569-2013 is amended in accordance with Attachment 1 to this Order.
The former North York Zoning By-law No. 7625 is amended in accordance with Attachment 2 to this Order;
That the Clerk of the City of Toronto is directed to assign a By-law Number to each of Attachment 1 and Attachment 2 for record-keeping purposes.
THE TRIBUNAL shall remain seized of the referral of the Site Plan Approval application in this matter, which continues to be held in abeyance in accordance with the Tribunal’s May 12, 2020 Decision and it’s letter dated October 20, 2020. The Tribunal may be spoken to in respect of further proceedings to dispose of the Site Plan Approval application.
“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 dated May 12, 2020 and Order dated November 7, 2022 in Case No. MM160016
CITY OF TORONTO
BY-LAW No. ~-2022 (OLT)
To amend former City of Toronto Zoning By-law 569-2013, as amended, respecting lands municipally known in 2021 as 2932, 2934, 2936, 2938, 2940, 2942 Bayview Avenue
WHEREAS Council of the City of Toronto 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
WHEREAS this matter was appealed to the Ontario Municipal Board/Local Planning Appeal Tribunal, now the Ontario Land Tribunal, and following a hearing, the Ontario Land Tribunal by its Decision dated May 12, 2020 and its Order dated November 7, 2022 ordered the amendment of City of Toronto Zoning By-law No. 569-2013, as amended;
THEREFORE, the Ontario Land Tribunal, by Order, amends By-law 569-2013, as amended, as follows:
The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.
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 (u16) (XXX), and RD (f10.0; a400) (XXX), as shown on Diagram 2 attached to this By-law.
Zoning By-law No. 569-2013, as amended, is further amended by adding to Article 900.3.10 Exception Number XXX so that it reads:
(XXX) Exception RD XXX
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 portion of 2932, 2934, 2936, 2938, 29340, and 2942 Bayview Avenue subject to the zone label RD (f10.0; a 400) (XXX), detached houses may be constructed, used, or enlarged, provided the buildings or structures comply with subsections (B) to (L) below;
(B) Despite regulation 10.5.40.10 (1), the established grade for Lot 1 is the Canadian Geodetic Datum elevation of 176.18 metres and the established grade for Lot 2 is the Canadian Geodetic Datum elevation of 177.71 metres.
(C) Despite regulation 10.20.40.10 (1) and 10.20.40.10 (4), the permitted maximum height of a building or structure is numerical value, in metres, following the letters "HT" on Diagram 3, and that a parapet may exceed the permitted maximum height by a maximum of 0.3 metres
(D) Despite regulation 10.20.40.10 (3) and 10.20.40.10 (4) , the maximum number of storeys shall not apply;
(E) Regulation 10.20.40.10 (2) shall not apply;
(F) Despite regulation 10.5.40.60, a platform, deck, or exterior stair may encroach into a required rear yard setback by a maximum of 4 metres. Additionally, a canopy may encroach into a required setback to the extent of the property line. Any projections not specifically mentioned shall be permitted to encroach in accordance with regulation 10.5.40.60.;
(G) Despite regulation 10.5.50.10(1), a minimum of 55% of the front yard landscaping must be soft landscaping;
(H) Despite regulation 10.20.30.40, the maximum lot coverage shall be 30%;
(I) Despite regulation 10.20.40.10(6) the elevation of the lowest point of a main pedestrian entrance through the front wall or a side main wall may be no higher than 1.35 metres above established grade;
(J) Despite regulation 10.20.40.20(1) the permitted maximum building length for a detached house is 19.5 metres; and,
(K) Despite regulation 10.20.40.70, the permitted front yard setbacks, rear yard setbacks, and side yard setbacks shall be as shown on Diagram 4 of this by-law;
(L) Despite regulation 10.5.40.60(1)(D), a platform with a floor higher than the first storey of a building above established grade may encroach into a rear yard setback as permitted in Section 3(F) of this By-Law, including if it is closer to a side lot line than 90% of the required side yard setback.
Prevailing By-laws and Prevailing Sections: (None Apply)
- Zoning By-law 569-2013, as amended, is further amended by adding to Article 900.5.10 Exception Number XXX so that it reads:
(XXX) Exception RT XXX
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 portion of 2932, 2934, 2936, 2938, 29340, and 2942 Bayview Avenue subject to the zone label RT (u16) (XXX), townhouses may be constructed, used, or enlarged, provided the buildings or structures comply with subsections (B) to (M) below;
(B) Despite regulation 10.5.40.10 (1), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 176.71 metres on Block 1 or 177.39 metres on Block 2 and the elevation of the highest point of the building or structure on each of the respective Blocks;
(C) Regulation 10.5.40.50 (4) shall not apply;
(D) Despite regulation 10.60.40.10 (1), the permitted maximum height of a building or structure is numerical value, in metres, following the letters "HT" on Diagram 3;
(E) Despite regulation 10.60.40.10 (2), the maximum number of storeys shall not apply.
(F) Despite regulation 10.5.50.10(1), a minimum of 60% of the front yard landscaping must be soft landscaping;
(G) Despite regulation 10.60.30.10 (1), the minimum lot area shall be 2,000 square metres;
(H) Despite regulation 10.60.30.40 the maximum lot coverage shall be 58%;
(I) Despite regulation 10.60.40.1(3), the minimum width of a dwelling unit in a townhouse at its narrowest portion shall be 3.40 metres;
(J) Despite regulations 10.60.40.70, no portion of any building or structure may extend beyond the solid lines delineating the building envelope on Diagram 4 of this by-law.
(K) Despite regulations 10.60.40.80(2), the minimum distance between side main walls of two residential buildings shall be 2.4 metres.
(L) Despite Table 200.5.10.1, zero visitor parking spaces are required;
(M) Despite regulation 200.5.1.10(5), tandem parking spaces are permitted for a dwelling unit in a townhouse.
Prevailing By-laws and Prevailing Sections: (None Apply)
Ontario Land Tribunal Decision issued on May 12, 2020 and Ontario Land Tribunal Order issued on November 7, 2022.
ATTACHMENT 2
Authority: Ontario Land Tribunal Decision dated May 12, 2020 and Order dated November 7, 2022 in Case No. MM160016
CITY OF TORONTO
Bill No.~
BY-LAW No. XXXX-2022 (OLT)
To amend Zoning By-law No. 7625, as amended, respecting the lands municipally known in 2021 as, 2932, 2934, 2936, 2938, 2940 and 2942 Bayview Avenue.
WHEREAS Council of the City of Toronto 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
WHEREAS this matter was appealed to the Ontario Municipal Board/Local Planning appeal Tribunal, now the Ontario Land Tribunal, and following a hearing, the Ontario Land Tribunal by its Decision dated May 12, 2020 and its Order dated , 2022 ordered the amendment of former City of North York Zoning By-law No. 7625, as amended
THEREFORE, the Ontario Land Tribunal, by Order, amends By-law No. 7625, as amended, as follows:
The provisions of this By-law shall apply to the lands identified on Schedule 1 of this By-law;
Schedules “B” and “C” of By-law 7625 are amended in accordance with Schedule 1 of this By-law;
Section 64.14 of By-law No. 7625 is amended by adding the following subsection:
64.14 (XX) R6 (XX)
DEFINITIONS
(a) For the purpose of establishing the permitted height in this exception, the “established grade” shall be defined as being located at the Canadian Geodetic Datum elevation of 175.90m for Lot1 fronting Hollywood Avenue and the Canadian Geodetic Datum elevation of 177.44 metres for Lot 2 fronting Elmwood Avenue.
PERMITTED USES
(b) The permitted uses shall include single detached dwellings and accessory uses thereto.
EXCEPTION REGULATIONS
(c) Lot Area
The minimum lot area for a single-detached dwelling shall be 400 square metres.
(d) Lot Frontage
The minimum lot frontage shall be as follows:
a. 10 metres for a single detached dwelling.
(e) Lot Coverage
The maximum lot coverage for each single-detached dwelling shall be 30%.
(f) Yard Setbacks
The minimum yard setbacks and distances between buildings shall be shown on Schedule 2 to this by-law.
(g) Height
The maximum building heights shall be 9.5 metres for a single-detached dwelling and shall be measured from established grade as indicated in sub-section 3 (a) and measured to the top of the flat roof, exclusive of any parapet or permitted projections as listed in sub-section 3 (h).
(h) Building Envelopes
No portion of any building or structure shall be located otherwise than wholly within the Building Envelopes shown on Schedule 2 of this by-law with the exception of balconies, belt courses, chimney breasts, eaves, gutters, pilasters, sills, canopies, stairways, parapets, wheelchair ramps, porches, bay windows, a cantilevered portion of the main wall, privacy screens, railings, support structures for decks and/or canopies, and fully enclosed waste and recycling storage which may project into a yard.
(i) Length of Dwelling
The maximum building length of a single-detached dwelling shall be 19.5 metres.
- Section 64.16 of By-law No. 7625 is amended by adding the following subsection:
64.16 (XX) RM1 (XX)
DEFINITIONS
(a) For the purpose of this exception, “established grade” for the purpose of establishing the permitted height shall mean the geodetic elevations of 176.69 metres for the building identified as Block 1 on Schedule 2 fronting Bayview Avenue; and, 177.26 metres for the building identified as Block 2 on Schedule 2 fronting Bayview Avenue.
PERMITTED USES
(b) The permitted uses shall include a multiple attached dwelling and accessory uses thereto.
EXCEPTION REGULATIONS
(c) Lot Area
The minimum lot area shall be 2,000 square metres for the entirety of the lands zoned RM1 (XX);
(d) Lot Frontage
The minimum lot frontage shall be 4.5 metres for each multiple attached dwelling lot.
(e) Lot Coverage
The combined maximum lot coverage for all multiple attached dwelling shall be 58%.
(f) Yard Setbacks
The minimum yard setbacks and distances between buildings shall be shown on Schedule 2 to this by-law.
(g) Height
The maximum building heights shall be 13.5 metres for a multiple attached dwelling and shall be measured from established grade as indicated in sub-section 4 (a) and measured to the top of the parapet.
(h) Building Envelopes
No portion of any building or structure shall be located otherwise than wholly within the Building Envelopes shown on Schedule 2 of this by-law with the exception of balconies, belt courses, chimney breasts, eaves, gutters, pilasters, sills, canopies, stairways, wheelchair ramps, porches, bay windows, a cantilevered portion of the main wall, privacy screens, railings, support structures for decks and/or canopies, and fully enclosed waste and recycling storage.
(i) Parking
a. A minimum of (2) parking spaces is required per multiple attached dwelling.
b. Parking spaces may be in the form of tandem parking spaces.
c. No visitor parking spaces shall be required.
d. Parking spaces may be accessed by a shared driveway.
(j) Landscaping
The minimum of 60% of the front yard landscaping must be soft landscaping.
(k) Distance Between Buildings
The minimum distance between buildings or portions thereof shall be 2.4 metres.
(l) Floor Area
The maximum floor area for all combined multiple attached dwelling units shall be 3,400 square metres.
GENERAL
(m) notwithstanding any severance, partition or division of the lands shown on Schedule 1 , the provisions of this By-law shall apply to the whole of the lands as if no severance, partition or division occurred.
- Section 27 of By-law 7625 is amended by adding Schedule “1” and Schedule “2” attached.
Ontario Land Tribunal Decision issued on May 12, 2020 and Ontario Land Tribunal Order issued on November 7, 2022