Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 12, 2022
CASE NO.: OLT-22-004734
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Linelle Development Limited
Subject: Request to amend the Official Plan – Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Other Open Space Areas
Proposed Designated: Neighbourhood
Purpose: To permit the construction of a residential development consisting of 23 townhouses, 1 semi-detached dwelling (2 units), and a single detached dwelling.
Property Address/Description: 57 Linelle Street
Municipality: City of Toronto
Approval Authority File No.: 13 124500 NNY 23 OZ
OLT Case No.: OLT-22-004734
Legacy Case No.: PL180348
OLT Lead Case No.: OLT-22-004734
Legacy Lead Case No.: PL180348
LPAT Case Name: Linelle Development Limited 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: Linelle Development Limited
Subject: Application to amend Zoning By-law No. 7625 – Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: General Cemetery Zone, Exception One (CEM-1(1))
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the construction of a residential development consisting of 23 townhouses, 1 semi-detached dwelling (2 units), and a single detached dwelling.
Property Address/Description: 57 Linelle Street
Municipality: City of Toronto
Municipality File No.: 13 124500 NNY 23 OZ
OLT Case No.: OLT-22-004736
Legacy Case No.: PL180349
OLT Lead Case No.: OLT-22-004734
Legacy Lead Case No.: PL180348
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Linelle Development Limited
Subject: Proposed Plan of Subdivision – Failure of the City of Toronto to make a decision
Purpose: To permit the construction of a residential development consisting of 23 townhouses, 1 semi-detached dwelling (2 units), and a single detached dwelling.
Property Address/Description: 57 Linelle Street
Municipality: City of Toronto
Municipality File No.: 14 120937 NNY 23 SB
OLT Case No.: OLT-22-004737
Legacy Case No.: PL180350
OLT Lead Case No.: OLT-22-004734
Legacy Lead Case No.: PL180348
BEFORE:
M.A. SILLS VICE-CHAIR
Monday, the 12th day of December, 2022
THIS MATTER having come on for a public hearing on August 12, 2019 and the Local Planning Appeal Tribunal, now the Ontario Land Tribunal (the “Tribunal”) determined that the appeal(s) under subsection 22(7) of the Planning Act (the “Official Plan Amendment Appeal”) and subsection 34(11) of the Planning Act (the “Zoning Appeals”) should be allowed, in part;
AND THE TRIBUNAL having been advised by the City Solicitor that conditions to issuance of the Tribunal's final order on the Official Plan Amendment and the Zoning By-law Amendments may be issued;
AND THE TRIBUNAL being satisfied that the conditions to its Decision dated September 12, 2019 have been satisfied.
THE TRIBUNAL ORDERS that the Official Plan Amendment Appeal and the Zoning Appeals are allowed, in part, and that the City of Toronto’s Official Plan is hereby amended in the manner set out in Attachment “1” to this Order, the Zoning By-law No. 569-2013 of the City of Toronto, as amended, is hereby amended in the manner set out in Attachment “2” to this Order, and the Zoning By-law No. 7625 of the City of Toronto, as amended, is hereby amended in the manner set out in Attachment “3” to this Order. The Tribunal authorizes the municipal clerk to format the by-laws in Attachment “1”, Attachment "2" and Attachment "3", as may be necessary, and assign a number to these by-laws 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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ATTACHMENT 1
OFFICIAL PLAN AMENDMENT
Authority: Local Planning Appeal Tribunal Decision issued on September 12, 2019 and Ontario Land Tribunal Order issued on [DATE] in File PL180348
CITY OF TORONTO
BY-LAW XXXX-2022 (OLT)
To approve Amendment 635 to the Official Plan for the City of Toronto
with respect to the lands municipally known in the year 2021 as 57 Linelle Street
Whereas the Owner of the lands known municipally in the year 2018 appealed a proposed zoning by-law amendment to the Local Planning Appeal Tribunal pursuant to Section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and
Whereas the Local Planning Appeal Tribunal, by its Decision issued on September 12, 2019 and Ontario Land Tribunal Order issued on [DATE], approved amendments to the Official Plan for the City of Toronto with respect to the lands known municipally as 57 Linelle Street;
The Ontario Land Tribunal Orders:
- The attached Amendment 635 to the Official Plan is hereby in force pursuant to the Planning Act, as amended.
Local Planning Appeal Tribunal Decision issued on September 12, 2019 and Ontario Land Tribunal Order issued on [DATE] in File PL180348.
AMENDMENT 635 TO THE OFFICIAL PLAN
LANDS MUNICIPALLY KNOWN IN THE YEAR 2021 AS
57 LINELLE STREET
The Official Plan of the City of Toronto is amended as follows:
- Map 16, Land Use Plan, is amended by re-designating the lands known municipally as 57 Linelle Street from Other Open Space Areas to Neighbourhoods, Natural Areas and Parks, as shown on the attached Schedule "A".
Schedule "A"
ATTACHMENT 2
ZONING BY-LAW 569-2013
Authority: Local Planning Appeal Tribunal Decision dated September 12, 2019 and Ontario Land Tribunal Decision and Order dated [DATE] in File PL180348
CITY OF TORONTO
BY-LAW XXXX-2022 (OLT)
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 57 Linelle Street
Whereas the Owner of the lands in the year 2018 appealed a proposed Zoning By-law Amendment to the Ontario Land Tribunal pursuant to Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and
Whereas the Local Planning Appeal Tribunal, by its Decision dated September 12, 2019 and the Ontario Land Tribunal Order Decision and Order December 12, 2022, determined to amend Zoning By-law 569-2013, as amended, with respect to lands known municipally as 57 Linelle Street;
Whereas pursuant to Section 39 of the Planning Act, as amended, Local Planning Appeal Tribunal may, in a By-law passed under Section 34 of the Planning Act, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited in the By-law;
The Ontario Land Tribunal Orders:
The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to 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 adding the lands shown on Diagram 1 attached to this By-law to the Zoning By-law Map in Section 990.10 and applying the following zone labels to these lands: RT (x362), ON and OR, as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands shown on Diagram 1 attached to this By-law to the Policy Areas Overlay Map in Section 995.10.1 with the label PA 4, as shown on Diagram 3 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands shown on Diagram 1 attached to this By-law to the Height Overlay Map in Section 995.20.1 with a label of HT 10, ST 2, as shown on Diagram 4 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands shown on Diagram 1 attached to this By-law to the Rooming House Overlay Map in Section 995.40.1 with no value.
Zoning By-law 569 -2013, as amended, is further amended by adding the lands shown on Diagram 1 attached to this By-law to the Lot Coverage Overlay Map in Article 995.30.1, and applying the following lot coverage label to these lands: 30, as shown on Diagram 5 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.5.10 Exception Number 362, so that it reads:
(362) Exception RT 362
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:
Site Specific Provisions:
(A) On lands municipally known as 57 Linelle Street, if the requirements of By-law [Clerk to supply by-law #] are complied with townhouses may be constructed and used in compliance with Regulations (B) to (U) below;
(B) The permitted maximum gross floor area for all uses on the lot is 8,330 square metres;
(C) The permitted maximum number of dwelling units on the lot is 34;
(D) Despite Regulation 10.5.40.10(1), the height of a building is the distance between the Canadian Geodetic Elevation of 173.10 metres and the elevation of the highest point of the building or structure;
(E) Despite Regulation 10.5.40.10(1) and 10.60.40.10(1), the permitted maximum height of each building or structure is the numerical value, in metres, following the letters “HT” on Diagram 6 of By-law [Clerk to insert by-law #];
(F) Despite Regulations 10.5.50.10 (1), (2), and (3), a minimum of 4,800 square metres of landscaping must be provided on the lands;
(G) Despite Regulation 10.60.40.10(2), the permitted maximum number of storeys in a building or structure is the number following the letters "ST" on Diagram 6 of By-law [Clerks to insert By-law ##];
(H) Rooftop structures used for the functional operation of the building including electrical, mechanical, utilities and enclosed stairwells, roof access or access to the rooftop amenity space shall not be considered a storey provided such elements and structures do not exceed the height shown on Diagram 6 of By-law [Clerks to insert By-law ##];
(I) Despite Regulation 10.60.30.20(1), the minimum required lot frontage is 5.89 metres for each dwelling unit in a townhouse with every dwelling unit fronting directly on a street or a private lane;
(J) Despite Regulation 10.60.30.40(1), the maximum permitted lot coverage is 30 per cent of the lot area;
(K) Despite Regulation 10.60.40.1(3), the required minimum width of a dwelling unit in a townhouse is 5.89 metres;
(L) Despite Regulations 10.5.40.70(1), (2) and 10.60.40.70(1), (2) and (3), the required minimum building setbacks for a townhouse on the lands are the building setbacks shown on Diagram 6 of By-law [Clerk to supply by-law #];
(M) Despite Clause 10.60.40.80, the required minimum above-ground separation between the main walls of the buildings on the same lot is shown on Diagram 6 of By-law [Clerk to supply by-law #];
(N) Despite Clauses 10.5.40.60 and 10.5.60.60, the following elements of a building may encroach into the required minimum building setbacks and separation distances between the main walls of buildings as shown on Diagram 6 of By-law [Clerk to supply by-law #]:
(i) Pilasters and projecting columns, roof overhang, cantilevered elements, canopies, eaves, porches (covered or uncovered), exterior steps, cantilevered bay, bow, box, or dormer windows; and ground mounted equipment used for the functional operation of the buildings including electrical, mechanical, service and utility equipment to a maximum of 2.6 metres;
(O) Despite (N) above, no balcony projections are permitted to encroach within a required minimum building setback, as shown on Diagram 6 of By-law [Clerk to supply by-law #], for:
(i) the east main wall of Block 1, Block 2 and Block 4; and
(ii) the west main wall of Block 3 and Block 5;
(P) A rooftop terrace for each dwelling unit within a townhouse is permitted, provided that the rooftop terrace:
(i) occupies an area no greater than 40 percent of the total roof surface area of the dwelling unit, inclusive of the area of the roof top terrace; and
(ii) is no greater than 4 metres in depth measured from rear main wall at the roof top terrace level;
(Q) A privacy screen on a rooftop terrace, having a minimum height of 1.8 metres, must be erected for the northernmost dwelling unit for Block 1, Block 3, Block 4, and Block 5;
(R) Despite Clause 10.5.100.1, a driveway which leads directly to an individual townhouse dwelling unit may have a maximum width of 6.0 metres;
(S) Despite Regulations 200.5.10.1(1), 200.15.10(1) and Table 200.5.10.1, parking spaces must be provided on the lands in accordance with the following:
(i) A minimum of 1 residential occupant parking space for each dwelling unit; and
(ii) A minimum of 6 parking spaces for residential visitors;
(T) Despite Regulations 200.5.1.10(2)(C) and (D), a residential visitor parking space that is adjacent and parallel to a drive aisle from which vehicle access is provided must have the following minimum dimensions, and may be obstructed on one side as described in Regulation 200.5.1.10(2)(D) without being required to provide additional width for the obstructed sides of the parking space:
(i) Length - 6.7 metres;
(ii) Width - 2.0 metres; and
(iii) Vertical clearance – 2.0 metres.
(U) Despite Regulation 200.15.1(1) to (4), a required accessible parking space may be provided within an attached garage of an individual townhouse dwelling unit and must have the following minimum dimensions:
(i) Length of 5.6 metres;
(ii) Width of 3.2 metres; and
(iii) Vertical clearance of 2.1 metres.
Prevailing By-laws and Prevailing Sections: (None Apply)
Despite any future severance, partition or division of the lands, the provisions of this By-law shall apply as if no severance, partition or division occurred.
Pursuant to Section 39(1) of the Planning Act, none of the provisions of By-law 569-2013, as amended, apply to prevent the erection and use of a one storey retail store in a building or structure, used exclusively for the sale, rental or lease of a townhouse to be constructed on the lot in the RT Zone to which By-law [Clerk to supply by-law #]. Section 10 of this By-law shall expire on [INSERT DATE THREE YEARS FROM DATE OF TRIBUNAL ORDER].
Local Planning Appeal Tribunal Decision Dated September 12, 2019 And The Ontario Land Tribunal Decision And Order Dated [Date] In File No. Pl180348
ATTACHMENT 3
ZONING BY-LAW 7625
Authority: Local Planning Appeal Tribunal Decision dated September 12, 2019 and Ontario Land Tribunal Decision and Order dated [DATE] in File PL180348
CITY OF TORONTO
BY-LAW XXXX-2022 (OLT)
To amend former City of North York Zoning By-law 7625, as amended, with respect to the lands municipally known in the year 2021 as 57 Linelle Street
Whereas the Owner of the lands in the year 2018 appealed a proposed Zoning By-law Amendment to the Ontario Land Tribunal pursuant to Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and
Whereas the Local Planning Appeal Tribunal, by its Decision dated September 12, 2019 and the Ontario Land Tribunal Order Decision and Order December 12, 2022, determined to amend Zoning By-law 7625, as amended, with respect to lands known municipally as 57 Linelle Street;
The Ontario Land Tribunal Orders:
Schedule "1" and "2" of this By-law 7625 of the former City of North York Zoning By-law, are amended in accordance with Schedule 1 of this By-law.
Schedule 64.16 of By-law 7625 of the former City of North York, as amended, is amended by adding the following new subsections:
64.16(XXX) to RM1(x129)
DEFINITIONS
(A) For the purpose of this exception, the following definitions apply:
(i) “Model Home” shall mean finished Multiple Attached Dwellings for temporary display to the public prior to occupancy for residential purposes, which may or may not also be used as a “Temporary Sales Office” for other Dwellings;
(ii) There shall be no “Front Lot Line”, “Side Lot Line”, and “Rear Lot Line”. The minimum building setbacks shall be as shown on Schedule 2;
(iii) Measurement of required building setbacks shall be from the lot line or the outside of the curb of a private lane and shall not be affected by required corner roundings, as if no corner rounding had taken place;
(iv) The height of any building or structure on the “Lot” shall not exceed the maximum “Building Height” permitted as indicated in subsections (I) and (J) below;
(v) “Established Grade” shall mean the Canadian Geodetic Datum elevation of 173.10 metres;
(vi) “Building Height” shall mean the vertical distance between the Canadian Geodetic Elevation of 173.10 metres and the elevation of the highest point of the building;
(vii) “Gross Floor Area” shall mean the total area of all of the floors in a building above or below grade measured from the outside of the exterior walls;
(viii) For the purpose of this exception, “Lot” shall mean the lands identified on Schedule 1;
(ix) “Dwelling, Single Family” shall mean a building occupied or intended to be occupied by one single family alone, and containing not more than two kitchens;
(x) "Private Lane" shall mean a public-right-of-way that is constructed to the standards of public works but is intended or used by the general public and residents, and emergency vehicles for vehicular access to abutting residential lots, but which is not intended for general traffic circulation; and
(xi) "Landscaped Open Space" shall mean soft landscaping and decorative stonework, retaining walls and permeable walkways. Driveways and areas for loading, parking or storing of vehicles are not considered as landscape open areas.
PERMITTED USES
(B) The only permitted uses shall be as follows:
(i) Multiple Attached Dwellings; and
(ii) Model Home.
EXCEPTION REGULATIONS DWELLING UNITS
DWELLING UNITS
(C) A maximum of 34 dwelling units shall be permitted on the lot.
(D) All dwelling units shall have vehicular access only from a private driveway.
GROSS FLOOR AREA
(E) The maximum gross floor area shall be 8,450 square metres on the lot.
LOT COVERAGE
(F) The maximum lot coverage shall be 30 per cent.
BUILDING SETBACKS
(G) The minimum building setbacks and separation distance between main walls of buildings shall be as shown on Schedule 2 to this By-law.
(H) Despite (G) above, a platform or balcony is not permitted to encroach into the minimum building setbacks, as shown on Schedule 2 of this Exception, for:
(i) the east main wall of Block 1, Block 2 and Block 4; and
(ii) the west main wall of Block 3 and Block 5;
BUILDING HEIGHT
(I) The maximum building height from established grade shall be 3 storeys and 15 metres as shown on Schedule 2.
(J) Rooftop structures used for the functional operation of the building including electrical, mechanical, utilities and enclosed stairwells, roof access, or access to the rooftop amenity space shall not be considered a storey for the purpose of this by-law provided such elements and structures do not exceed the height shown on Schedule 2.
LANDSCAPE OPEN SPACES
(K) A minimum of 4,800 square metres of landscaped open space shall be provided on the lands.
AMENITY SPACE
(L) The minimum required rooftop terrace for each Multiple Attached Dwelling unit shall be no greater than 40 percent of the total roof area and no greater than 4 metres in depth measured from the rear most wall of the dwelling unit at the rooftop terrace level; and
(M) A rooftop terrace privacy screen will be provided at a minimum height of 1.8 metres on the end units (north facing) on Block 1, Block 3, Block 4 and Block 5.
PARKING REQUIREMENTS
(N) The minimum number of parking spaces will be:
(i) One parking space per Multiple Attached Dwelling unit; and
(ii) Six parking spaces for residential visitors.
PERMITTED ENCROACHMENTS
(O) The following projections and their supporting structural members may extend into required yard setbacks, except as otherwise specified:
(i) Pilasters and projecting columns, roof overhang, cantilevered elements, canopies, eaves, porches (covered or uncovered), exterior steps, cantilevered bay, bow, box, or dormer windows, and ground mounted equipment used for the functional operation of the buildings including electrical, mechanical, service and utility equipment, to a maximum of 2.6 metres.
PRIVATE LANE
(P) The Private Lane will have a minimum width of 6.0 metres which leads directly to an individual dwelling unit.
(Q) The Private Lane along the south limit will be a minimum width road width of 8.0 metres for two-way traffic with parking permitted on one side of the street.
EXCLUSIONS
(R) The provisions of Sections 6(2)(a), 6(7)(a), 6(9), 6(13), 6(24), 6A(2), 6A(3), 6A(5), 6A(7)(D), 6A(8), 15, 16 and 64.16-1 of By-law No. 7625 shall not apply.
DIVISION OF LANDS
(S) Despite any future severance, partition or division of the lands, the provisions of this By-law shall apply as if no severance, partition or division occurred.
Local Planning Appeal Tribunal Decision Dated September 12, 2019 and the Ontario Land Tribunal Decision And Order Dated [Date] In File No. Pl180348.