Oasis Townhomes On Lawrence Inc. v. Toronto (City), 2022 CanLII 28183

Ontario Land Tribunal

ISSUE DATE: April 6, 2022 CASE NO.: PL180241

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

Applicant and Appellant: Oasis Townhomes On Lawrence Inc. Subject: Application to amend Zoning By-law No. 7625 – Refusal or neglect of the City of Toronto to make a decision Existing Zoning: One Family Detached Dwelling Fourth Density Zone (R4) Proposed Zoning: Site Specific (To be determined) Purpose: To permit 12 five-storey freehold townhouses Property Address/Description: 579, 581, 583 & 585 Lawrence Ave W Municipality: City of Toronto Municipality File No.: 17 222637 NNY 15 OZ LPAT Case No.: PL180241 LPAT File No.: PL180242

BEFORE: D. CHIPMAN MEMBER Wednesday, the 6th day of April, 2022

THIS MATTERS having initially come on for public settlement hearing before the Tribunal on November 18, 2019 to permit the development of 12 residential units in two blocks of townhouses on the subject lands owned by Oasis Townhomes on Lawrence Inc.;

AND THE TRIBUNAL having issued its Order on November 16, 2021 and determined that the appeal(s) under subsection 34(11) of the Planning Act (the “Zoning Appeals”) should be allowed, in part, and that the proposed zoning by-law amendments should be approved, in principle, with the final Order withheld pending the Tribunal being advised by the City Solicitor that:

(a) the proposed zoning by-law amendment(s) are in a final form and content satisfactory to the City; and

(b) the owner has, at its sole cost and expense, submitted a revised Functional Servicing Report, together with supporting documentation, including confirmation of water and fire flow, sanitary and stormwater capacity, Stormwater Management Report and Hydrogeological Report (the "Engineering Reports") and such improvements, if required, are secured all satisfactory Chief Engineer and Executive Director, Engineering and Construction Services.

AND THE TRIBUNAL having been advised that these above-noted matters have been completed to the satisfaction of the City of Toronto prior to the issuance of a final Order regarding the Zoning Appeals have been satisfied;

AND THE TRIBUNAL is satisfied that its direction as set out in the Decision have been met;

THE TRIBUNAL ORDERS that the Zoning Appeals are allowed, in part, and that Zoning By-law No. 7625 of the former City of North York, as amended, is hereby amended in the manner set out in Attachment “1” to this Order, and that 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. The Tribunal authorizes the municipal clerk to format, 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

ZONING BY-LAW AMENDMENT TO BY-LAW NO. 7625 OF THE FORMER CITY OF NORTH YORK

Authority: Ontario Land Tribunal Decision issued on November 16, 2021 and Ontario Land Tribunal Order issued on [DATE] in File PL180241

CITY OF TORONTO

BY-LAW XXX-2022(OLT)

To amend the former City of North York Zoning By-law 7625, as amended, with respect to the lands municipally known in the year 2021 as 579, 581, 583 and 585 Lawrence Avenue West

Whereas the Owner of the lands in the year 2018 appealed a proposed zoning by-law amendment to the Local Planning Appeal Tribunal (now 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 Ontario Land Tribunal, by its Decision issued on November 16, 2021 and Ontario Land Tribunal Order issued on [DATE], determined to amend former City of North York Zoning By-law 7625, as amended, with respect to lands known municipally as 579, 581, 583 and 585 Lawrence Avenue West; and

The Ontario Land Tribunal Orders:

1. Schedules “B” and “C” of By-law 7625 of the former City of North York are amended in accordance with Schedule 1 attached to this By-law.

2. Section 64.20 of By-law 7625 of the former City of North York is amended by adding the following subsection:

64.20 (30) RM5(30)

DEFINITIONS

(A) For the purpose of this exception the following definitions will apply:

(i) "Established Grade" shall mean:

a. 181.97 metres Canadian Geodetic Datum for the building labeled "Block 1" on Schedule 'RM5(30)'; and

b. 182.58 metres Canadian Geodetic Datum for the building labeled "Block 2" on Schedule 'RM5(30)'.

(ii) “Gross Floor Area” shall mean the sum of the total area of each floor level of a building, above and below ground, measured from the exterior of the main wall of each floor level, reduced by the required bicycle parking at or above established grade.

(iii) "Lot" shall mean the area outlined by heavy lines on Schedule "1", municipally known as 579, 581, 583 and 585 Lawrence Avenue West.

EXCEPTION REGULATIONS

LOT AREA, LOT COVERAGE AND LOT FRONTAGE

(B) The provisions for Section 20.2.1 (Lot Area), Section 20.2.2 (Lot Coverage), and Section 20.2.3 (Lot Frontage) shall not apply.

YARD SETBACKS

(C) Notwithstanding the provisions of Section 20.2.4 (Yard Setbacks), the minimum yard setbacks for buildings and structures above established grade on the lot shall be as shown on Schedule 'RM5(30)'.

(D) Notwithstanding the building envelopes shown on Schedule 'RM5(30)', the following may encroach into the required yard setbacks as follows:

(i) a deck, porch, balcony and associated safety railings, or similar structures attached to a building to a maximum of 2.0 metres;

(ii) a canopy, awning or similar structure above a platform meeting the requirements of (D)(i) above to the same extent as the platform it is covering;

(iii) exterior stairs and railings providing access to a building to a maximum of 2.0 metres into the required front yard setback;

(iv) cladding to the main wall of a building to a maximum of 0.15 metres if the cladding is no closer to a lot line than 0.3 metres;

(v) architectural features such as a pilaster, decorative column, cornices, eaves troughs, sills, belt courses or screens, mechanical equipment such as satellite dishes, antenna or air conditioners and light fixtures to a maximum of 0.9 metres;

(vi) a bay window, box window or other window projection from a main wall of a building, which increases the floor area or enclosed space which may touch the ground, to a maximum of 0.75 metres; and

(vii) vents, pipes or utility equipment to a maximum of 0.6 metres.

GROSS FLOOR AREA

(E) Notwithstanding the provisions of Section 20.2.5 (Gross Floor Area), the total Gross Floor Area of the buildings on a lot shall not exceed 1.6 times the area of the lot.

BUILDING HEIGHT

(F) Notwithstanding the provisions of Section 20.2.6 (Building Height), the maximum building height in metres for all buildings shall be as shown on Schedule RM5(30).

(G) The maximum number of storeys above established grade for all buildings shall be as shown on Schedule RM5(30).

(H) Any building or structure may not penetrate a 45 degree angular plane projected over the lot starting at the established grade along the rear lot line.

(I) Parapets, skylights, balustrades, trellises, pergolas, railings, lighting fixtures, dividers including privacy screens and fences, and mechanical and electrical equipment and their enclosures may project up to 2.0 metres beyond the height shown on Schedule 'RM5(30)'.

(J) Antennae, flagpoles, satellite dishes and weather vanes may project up to 1.5 metres beyond the height shown on Schedule 'RM5(30)'.

LANDSCAPING

(K) The provisions of Section 15.8 (landscaping) shall not apply.

(L) A landscaping buffer with a minimum depth of 3.0 metres shall be maintained immediately adjacent to, and for the entire length of the rear lot line as shown on Schedule 'RM5(30)', and must be wholly comprised of soft landscaping with the exception of curbs, fencing, and transformer vaults and associated pads.

VEHICULAR PARKING

(M) The provisions of section 6A(2) (Parking Requirements) shall not apply.

(N) A minimum of 24 parking spaces shall be provided for the use of residents.

(O) A minimum of 4 parking spaces shall be provided for the use of visitors.

(P) Of the parking spaces described in (N) and (O) above, one accessible parking space shall be provided with the following minimum dimensions: length of 5.6 metres, width of 3.4 metres and vertical clearance of 2.1 metres, and the entire length of the accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path.

OTHER PROVISIONS

(Q) Enclosed rooftop stair accesses shall not be considered a storey and shall not include any habitable space.

(R) Notwithstanding the provision of Section 15.6 (Minimum Distance of Apartment House Dwelling from R and RM2 Zones), the minimum separation from any One Family Detached Dwelling Zone (R) or any Multiple Family Dwellings Second Density Zone (RM2) shall be as shown on Schedule 'RM5(30)'.

DIVISION OF LANDS

(S) Notwithstanding any severance, partition or division of the lands subject to this exception, the regulations of this exception shall continue to apply to the whole of the lands as if no severance, partition or division had occurred.

3. Section 64.20 of By-law 7625 of the former City of North York is amended by adding Schedule 'RM5(30)' attached to this By-law.

4. Within the lands shown on Schedule "1" attached to this By-law, no person shall use any land or erect or use any building or structure unless the following municipal services are provided to the lot line and the following provisions are complied with:

(A) all new public roads have been constructed to a minimum of base curb and base asphalt and are connected to an existing public highway, and

(B) all water mains and sanitary sewers, and appropriate appurtenances, have been installed and are operational.

ONTARIO LAND TRIBUNAL DECISION ISSUED ON NOVEMBER 16, 2021 AND ONTARIO LAND TRIBUNAL ORDER ISSUED ON [DATE] IN FILE PL180241

ATTACHMENT 2

ZONING BY-LAW AMENDMENT TO BY-LAW NO. 569-2013 OF THE CITY OF TORONTO

Authority: Ontario Land Tribunal Decision issued on November 16, 2021 and Ontario Land Tribunal Order issued on [DATE] in File PL180241

CITY OF TORONTO

BY-LAW XXX-2022(OLT)

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 579, 581, 583 and 585 Lawrence Avenue West.

Whereas the Owner of the lands in the year 2018 appealed a proposed zoning by-law amendment to the Local Planning Appeal Tribunal (now 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 Ontario Land Tribunal, by its Decision issued on November 16, 2021 and Ontario Land Tribunal Order issued on [DATE], determined to amend Zoning By-law 569-2013, as amended, with respect to lands known municipally as 579, 581, 583 and 585 Lawrence Avenue West; and

The Ontario Land Tribunal Orders:

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 RM (x109) as shown on Diagram 2 attached to this By-law.

4. Zoning By-law 569-2013, as amended, is further amended by amending the height and storey label on the Height Overlay Map in Section 995.20.1 respecting the lands outlined by heavy back lines to HT 14.0, ST 4.0 as shown on Diagram 3 attached to this By-law.

5. Zoning By-law 569-2013, as amended, is further amended by amending the lot coverage label on the Lot Coverage Overlay Map in Section 995.30.1 respecting the lands outlined by heavy back lines to 50 percent, as shown on Diagram 4 attached to this By-law.

6. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.6.10 Exception Number 109, so that it reads:

(109) Exception RM 109

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 land municipally known as 579, 581, 583 and 585 Lawrence Avenue West in the year 2021, if the requirements of By-law [Clerks to insert By-law number] are complied with, a building or structure may be constructed, used or enlarged in compliance with (B) to (N) below:

(B) The maximum permitted number of dwelling units is 25;

(C) Despite Regulation 10.5.40.10(1), the height of a building is the distance between the below indicated Canadian Geodetic Datum elevations and the elevation of the highest point of the building:

(i) 181.97 metres for the building labeled “Block 1” as shown on Diagram 5 attached to By-law [Clerks to insert By-law number]; and

(ii) 182.58 metres for the building labeled “Block 2” as shown on Diagram 5 attached to By-law [Clerks to insert By-law number];

(D) Despite Regulation 10.80.40.10(1)(A), the permitted maximum height for each building or structure is the numerical value measured in metres following the HT symbol as shown on Diagram 5 attached to By-law [Clerks to insert By-law number];

(E) Despite Regulation 10.80.40.10(3)(A), the permitted maximum number of storeys for each building or structure is the numerical value following the ST symbol as shown on Diagram 5 attached to By-law [Clerks to insert By-law number];

(F) Despite Regulations 10.5.40.10(3) and (4), the following may project above the permitted maximum height as shown on Diagram 5 attached to By-law [Clerks to insert By-law number] by a maximum of 2.0 metres: parapets, skylights, balustrades, trellises, pergolas, railings, light fixtures, dividers including privacy screens and fences, and mechanical and electrical equipment and their enclosures;

(G) For the purpose of this exception, enclosed rooftop stair accesses are not considered a storey and any enclosed rooftop accesses must not contain any habitable space;

(H) Despite Regulation 10.80.40.40(1)(B), the permitted maximum floor space index is 1.6 times the area of the lot;

(I) Despite Regulation 10.5.40.70(1), Clause 10.80.40.70, and Clause 10.80.40.80, the required minimum building setbacks and required minimum above-ground distance between the main walls is as shown, in metres, on Diagram 5 attached to By-law [Clerks to insert By-law number];

(J) Despite Regulations 10.5.40.60(1)(A), (1)(D), (3)(A), (5) and (6), the following may encroach into the required minimum building setbacks:

(i) a platform without main walls, including a balcony and associated safety railings, may encroach into the required rear yard setback to a maximum of 1.7 metres;

(ii) a platform without main walls, including a porch and associated roof, canopy, awning or similar structure, exterior stairs and railings providing access to a building or structure may encroach into the required front yard setback to a maximum of 2.0 metres;

(iii) architectural features such as a pilaster, decorative column, cornices, eaves troughs, sills, belt courses or screens, mechanical equipment such as satellite dishes, antenna or air conditioners and light fixtures may encroach to a maximum of 0.9 metres; and

(iv) a bay window, box window or other window projection from a main wall of a building, which increases the floor area or enclosed space and may touch the ground, may encroach to a maximum of 0.75 metres.

(K) Despite Regulation 10.5.50.10(4), a lot with an apartment building must have a minimum of 22 percent of the area of the lot for landscaping, including a 3.0 metre wide landscaping buffer that must be abutting the entire length of the rear lot line as shown on Diagram 5 attached to By-law [Clerks to insert By-law number] and the landscaping buffer must be wholly comprised of soft landscaping with the exception of curbs, fencing, and transformer vaults and associated pads;

(L) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided on the lot in accordance with the following:

(i) A minimum of 24 parking spaces for residents; and

(ii) A minimum of 4 parking spaces for visitors;

(M) Despite Regulation 200.15.1(1), an accessible parking space must have the following minimum dimensions:

(i) Length of 5.6 metres;

(ii) Width of 3.4 metres;

(iii) Vertical clearance of 2.1 metres; and

(iv) The entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path;

(N) Despite Regulation 200.15.10(1), of the required minimum parking spaces that must be provided on the lot, the minimum required number of accessible parking spaces is 1.

Prevailing By-laws and Prevailing Sections:

(A) Schedule `D' Airport Hazard Map from City of North York Zoning By-law 7625.

7. Despite any future severance, partition or division of the lands as shown on Diagram 1 attached to this By-law, the provisions of this By-law will apply as if no severance, partition or division occurred.

ONTARIO LAND TRIBUNAL DECISION ISSUED ON NOVEMBER 16, 2021 AND ONTARIO LAND TRIBUNAL ORDER ISSUED ON [DATE] IN FILE PL180241