Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 22, 2022 CASE NO(S).: OLT-22-002222 (Formerly) PL210016

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

Applicant and Appellant: Montclair Developments LP Subject: Application to amend Zoning By-law Nos. 438-86 and 569-2013 – Refusal or neglect of the City of Toronto to make a decision Existing Zoning: Residential Proposed Zoning: Site Specific (To be determined) Purpose: To permit a 21 storey and 23 storey residential tower connected by a 5-8 storey podium Property Address/Description: 63-91 Montclair Avenue Municipality: City of Toronto Municipal File No.: 20 160786 STE 12 OZ OLT Case No.: OLT-22-002222 Legacy Case No.: PL210016 OLT Lead Case No.: OLT-22-002222 Legacy Lead Case No.: PL210016 OLT Case Name: Montclair Developments LP v. Toronto (City)

Heard: April 12, 2022 by video hearing

APPEARANCES:

Parties	Counsel
Montclair Developments LP	David Bronskill
City of Toronto	Joanna Wice and Jason Davidson
Metropolitan Toronto Condominium Corporation No. 769, 775, 785 ("Lower Village Gate MTCC")	Raj Kehar
South Forest Hill Residents Association ("SFHRA")	Johanna Shapira and Monica Poremba

MEMORANDUM OF ORAL DECISION DELIVERED BY S. Braun ON APRIL 12, 2022 AND INTERIM ORDER OF THE TRIBUNAL

INTRODUCTION

1The parties have reached an agreement to settle an appeal under s. 34(11) of the Planning Act ¹ ("Act") by Montclair Developments LP ("Appellants") against the failure of the City of Toronto ("City") to decide on an application for a Zoning By-law Amendment ("ZBLA") required to facilitate a development proposal for properties located at 63-91 Montclair Avenue ("subject site").

2At a Case Management Conference ("CMC") held on June 18, 2021, before a panel differently constituted, Metropolitan Toronto Condominium Corporation No(s). 769, 775, 785 ("Lower Village Gate MTCC") and South Forest Hill Residents Association ("SFHRA") were granted party status and the following individuals were granted Participant status: Johnathan Zamir; Kuok Kei Hong; Stanley and Marlene Stein; Linda Tuck Chapman and Tom Ashbourne.

PLANNING EVIDENCE

3Michael Bissett, a Registered Professional Planner, was qualified by the Tribunal to provide land use planning opinion evidence. He provided a sworn Affidavit (Exhibit 2) and delivered a detailed contextual and planning rationale in support of the settlement. With reference to his Affidavit, Mr. Bissett opined the proposed ZBLAs and the development they will permit satisfy all requisite legislative tests and are representative of good planning in the public interest.

4The subject site is located in the Forest Hill South Neighbourhood on the south side of Montclair Avenue, west of Spadina Road. It is within walking distance of the St. Clair West subway station as well as Forest Hill Village, which is a mixed-use area. The area is characterized by a mix of both mid-rise and tall buildings ranging from 6 to 30 storeys. It is approximately 3,466 square metres ("sq m") in size, with roughly 95 metres of frontage ("m") on Montclair Avenue.

5The original development proposal contemplated 21 and 23-storey residential buildings connected by an 8-storey podium. As a result of discussions between the parties and input received from the public, the proposal was revised and now contemplates 18 and 19-storey residential buildings connected by a 5-storey podium. The site design also now includes, inter alia, suitable setbacks which allow for the retention of a number of mature trees; privately owned publicly accessible spaces (POPS), one of which provides a direct pedestrian connection to the St. Clair West subway station; and step-downs in tower heights providing appropriate transitioning to, and mitigation of shadow impacts upon, nearby buildings.

6In addition, the site has been deliberately designed to include a public easement allowing for emergency vehicle access thereto. Mr. Bissett opined that this represents an improvement to the existing situation on Montclair Avenue and specifically noted Fire Services Staff raised no concerns with respect to emergency vehicular access.

7The subject site is rather unique, in that it is an underutilized and isolated pocket of low-rise residential buildings in an area surrounded by mid-rise and tall buildings and is located within a short walk to the St. Clair West subway station. He noted that the proposal conforms to Official Plan ("OP") policies, including those speaking to built form and land use permissions within the Apartment Neighbourhoods designation and in his opinion, it is suitable in scale, massing and height for the area.

8In Mr. Bissett’s opinion, the proposed redevelopment and intensification of the subject site has appropriate regard for matters of Provincial interest and is supportive of numerous policy directions in the Provincial Policy Statement ("PPS"), the Growth Plan for the Greater Golden Horseshoe ("GP") and the City of Toronto OP, including those which promote intensification on sites which are well-served by municipal infrastructure, including higher-order transit.

9The Parties requested the Tribunal issue an interim order endorsing the draft ZBLAs, withholding Final Approval contingent upon the satisfaction of a number of pre-requisite conditions, as set out in the Order below.

ANALYSIS AND DISPOSITION

10On the uncontested planning evidence, the Tribunal finds that the ZBLAs and the proposed development they will permit have appropriate regard for matters of Provincial interest, are consistent with the PPS, conform to both the GP and the OP and overall, represent good planning in the public interest.

11The Tribunal has given regard to the decision of the City related to this planning matter, including the City’s endorsement of the draft ZBLAs and related conditions. The Tribunal has also had regard to public comments received by the City, as well as Participant Statements filed in this proceeding, which raised concerns in relation to potential adverse impacts including, but not limited to: emergency vehicle access to the site and the potential for the development to set a negative precedent in the area, which Mr. Bissett addressed in his evidence.

INTERIM ORDER

12The Tribunal orders that the appeal is allowed in part and the draft Zoning By-law Amendments (attached hereto as Schedules 1 and 2) are approved in principle.

13The Tribunal will withhold the issuance of its Final Order pending written confirmation from the City Solicitor that the Zoning By-law Amendments are in a final form satisfactory to all Parties for the Tribunal to approve and that the following pre-requisite conditions have been satisfied:

a) the owner has submitted an updated Transportation Study and a Transportation Demand Management Plan to the satisfaction of the General Manager, Transportation Services and that such matters arising from such study, be secured if required;

b) the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Zoning By-law Amendment Application, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c) the owner has submitted a revised Functional Servicing and Stormwater Management Report and associated financial securities, if required, for improvements to the existing municipal infrastructure satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water;

d) the Chief Planner and Executive Director, City Planning has approved the Rental Housing Demolition Application for the demolition; and

e) the owner has entered into an Agreement pursuant to Section 37 of the Planning Act, and any other necessary agreements, satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, with such agreements registered on title to 63-91 Montclair Avenue, in a manner satisfactory to the City Solicitor, to secure the community benefits and matters of legal convenience at the owner's expense.

14If the Parties do not submit final drafts of the Zoning By-law Amendments; provide confirmation that the other contingent pre-requisites set out above in paragraph 13 have been satisfied; and request issuance of the Final Order by June 17, 2022, the Parties shall provide a written status update to the Tribunal regarding the timing of expected confirmation and submission of the above.

15The Tribunal may, as necessary, require the further attendance of the Parties by telephone conference call to determine additional timelines and due dates for the submission of the Final form of the instruments, the satisfaction of contingent pre-requisites and the issuance of the Final Order.

16In the event the Tribunal fails to receive the required status report, and/or in the event the contingent pre-requisites are not satisfied by June 17, 2022, or by such other deadline as the Tribunal may impose, the Tribunal may dismiss the appeal.

17The Member will remain seized for the purposes of reviewing and approving the final draft of the Zoning By-law Amendments and the issuance of the Final Order.

"S. Braun"

s. braun

MEMBER

Ontario Land Tribunal

Website: www.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.

OLT-22-002222 – Schedule 1

CITY OF TORONTO

BY-LAW NO. XXXX – 2022 (OLT)

To amend the City of Toronto Zoning By-law No. 569-2013, as amended, with respect to the lands known municipally known in the year 2021 as 631-91 Montclair Avenue

Whereas the Ontario Land Tribunal Decision issued on _________ and Order issued on _____________, in File OLT-22-002222 (Legacy File PL210016), in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, deem it advisable to amend City of Toronto Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 63-91 Montclair Avenue; and

Whereas the Official Plan for the City of Toronto contains provisions relating to the authorization of increases in height and density of development; and

Whereas pursuant to Section 37 of the Planning Act, a by-law under Section 34 of the Planning Act, may authorize increases in the height and density of development beyond those otherwise permitted by the by-law and that will be permitted in return for the provision of such facilities, services or matters as are set out in the by-law; and

Whereas subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services and matters in return for an increase in the height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services and matters; and

Whereas the owner of the aforesaid lands has elected to provide the facilities, services and matters hereinafter set out; and

Whereas the increase in height and density permitted beyond that otherwise permitted on the aforesaid lands by By-law No. 569-2013 as amended, is permitted in return for the provision of the facilities, services and matters set out in this By-law which is secured by one or more agreements between the owner of the land and the City of Toronto;

The Ontario Land Tribunal orders:

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 No. 569-2013, Chapter 800 Definitions;
Zoning By-law No. 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 RA (xXXX), as shown on Diagram 2 attached to this By-law; and
Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.7.10 Exception Number XXX so that it reads:

(xXXX) Exception RA xXXX

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 63-91 Montclair Avenue, if the requirements of Section 6 and Schedule A of By-law [Clerks to supply by-law #] are complied with, a building, structure, addition or enlargement may be erected or used in compliance with (B) to (AA) below;

(B) For the purposes of Regulation 5.10.30.20(2), Montclair Avenue is the front lot line;

(i) a minimum of 10 percent of the total number of dwelling units must contain three bedrooms; and

(ii) a minimum of 20 percent of the total number of dwelling units mut contain two bedrooms

(iii) any dwelling units with three or more bedrooms provided to satisfy (ii) above are not included in the provision required by (i) above; and

(iv) if the calculation of the number of required dwelling units with two or three bedrooms results in a number with a fraction, the number shall be rounded down to the nearest whole number;

(D) For the purposes of Regulation 15.5.40.10(1), established grade is the Canadian Geodetic Datum elevation of 152.30 metres in the year 2022;

(E) Despite Regulation 15.10.40.40(1), the permitted maximum residential gross floor area on the lot is 33,039.00 square metres;

(F) Despite Regulation 5.10.1.30(3), a maximum of two dwelling units may be located entirely below established grade, as set out in (D) above;

(G) Despite Regulation 15.10.40.10(1), the height of any building or structure must not exceed the maximum height in metres specified by the numbers following the symbol “HT” on Diagram 3 of By-law [Clerks to supply by-law ##];

(H) Despite (G) above and Regulations 15.5.40.10(2), (3), (4), (5) and (6), the following elements of a building or structure may project above the maximum building heights shown on Diagram 3 of By-law [Clerks to supply by-law ##] as follows:

(i) enclosed stairwells, roof access, chimneys, vents and architectural cages, parapets, and elements and structures associated with green roof by a maximum of 3.0 metres;

(ii) elevator overrun and elevator shafts by a maximum of 7.0 metres;

(iii) lightning rods, and window washing equipment by a maximum of 3.0 metres;

(iv) trellis, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space by a maximum of 3.5 metres;

(v) planters, landscape features, guardrails, and divider screens by a maximum of 2.5 metres;

(vi) mechanical penthouses, equipment used for the functional operation of the building, such electrical, utility, mechanical and ventilation equipment, enclosed stairwells, roof access, building maintenance units, chimneys, vents and water supply facilities, and structures that enclose, cover or screen these elements by a maximum of 5.2 metres;

(vii) elements listed in (I)(iii) may exceed the maximum height projection of mechanical penthouses stated in (I)(vi) by a maximum of 3.0 metres;

(I) Despite Regulation 15.5.40.10(4), structures or parts of a building listed in (H)(vi) may cover no more than 455 square metres of the roof area, inclusive of the areas used as an elevator overrun, measured horizontally;

(J) Despite Clause 15.10.40.70, the required minimum building setbacks are identified in metres on Diagram 3 of By-law [Clerks to supply by-law #];

(K) Despite (J) above and Clause 15.5.40.60, the following are permitted to encroach into the required building setbacks shown on Diagram 3 of By-law [Clerks to supply by-law #]:

(i) balconies, pillars, patios and decks, which may encroach into the required building setbacks shown on Diagram 3 by a maximum of 2.3 metres;

(ii) architectural, art and landscape features, window sills, cornices, light fixtures, pilasters and eves, which may encroach into the required building setbacks shown on Diagram 3 by a maximum of 0.6 metres;

(iii) railings, stairs, stair enclosures, doors, wheelchair ramps, fences, screens, site servicing features, awnings and canopies, underground ramps and associated structures, which may encroach into the required building setbacks shown on Diagram 3;

(L) No balcony projections shall be permitted on:

(i) the westerly façade of the east tower;

(ii) the easterly façade of the west tower;

(iii) the westerly façade of the west tower below a height of 25.0 metres as measured from established grade, as set out in (D) above;

(iv) the westerly façade of the west tower above a height of 25.0 metres, as measured from established grade, as set out in (D) above, save an except for the middle of the westerly façade, which may contain a co-joined balcony projection that is no wider than 5.0 metres and no deeper than 2.0 metres;

(v) the westerly and easterly façades of the podium building; and

(vi) the southerly façade of the east tower, save and except for the southerly corners of the tower;

(M) Despite Clause 15.10.40.80, the required minimum distance between main walls of the building is 11.0 metres;

(N) Despite Regulation 15.10.40.50(1), amenity space must be provided at a minimum rate of 3.8 square metres for each dwelling unit, of which:

(i) at least 2.0 square metres for each dwelling unit is indoor amenity space; and

(ii) at least 40.0 square metres is outdoor amenity space in a location adjoining or directly accessible to the indoor amenity space;

(O) Despite Regulations 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided and maintained on the lands in accordance with the following:

(i) a minimum of 0.3 parking spaces per dwelling unit for the use of occupants; and

(ii) a minimum of 12 parking spaces for the use of visitors;

(P) For each car-share parking space provided on the lands, up to a maximum of 8 car-share parking spaces, the minimum number of required parking spaces for residential uses in (O)(i) may be reduced by four parking spaces;

(Q) For the purpose of Regulation (P) above:

(i) car-share means the practice whereby a number of people share the use of one or more vehicles that are owned and operated by a profit or non-profit organization, and such car-share vehicles are made available to at least the occupants of the building for short term rental, including hourly rental; and

(ii) car-share parking space means a parking space exclusively reserved and signed for a car used only for car-share purposes;

(R) Despite Regulation 200.5.10.1(12), the number of required parking spaces in (R)(i) above may be reduced up to a maximum of 12 parking spaces, not including accessible parking spaces, at a rate of one parking space for every five "long-term" bicycle parking spaces provided on the lands in excess of the minimum number of "long-term" bicycle parking spaces required;

(S) Despite Regulation 200.5.1.10(2), a maximum of 5 percent of the total number of parking spaces may have a minimum width of 2.6 metres, despite being obstructed pursuant to Regulation 200.5.1.10(2)(D);

(T) Despite Regulation 200.5.1.10(2)(D), Electric Vehicle Infrastructure, including electrical vehicle supply equipment, does not constitute an obstruction to a parking space;

(U) Despite Regulations 200.15.1(1) to (4) and By-law 579-2017, accessible parking spaces must be provided and maintained in accordance with the following:

(i) an accessible parking space must have the following minimum dimensions:

a. length of 5.4 metres;

b. width of 3.4 metres;

c. vertical clearance of 2.1 metres; and the entire length of an accessible parking space must be adjacent to a 1.5-metre-wide accessible barrier free aisle or path as shown on Diagram 1 and Diagram 2 of By-law 579-2017;

(ii) accessible parking space must be located within 25 metres of a barrier free entrance to the building or passenger elevator that provides access to the first storey of the building;

(V) Despite Clause 220.5.10.1, one shared Type “G” / Type “C” loading space must be provided and maintained on the lot;

(W) Despite Regulations 230.5.1.10(10) and 230.5.1.10(4):

(i) both “long-term” and “short-term” bicycle parking spaces may be located in a stacked bicycle parking space arrangement, with a minimum width of (0.4) metres;

(ii) the minimum width of a bicycle parking space if placed in a vertical position on a wall, structure or mechanical device is (0.5) metres; and

(iii) "short-term" bicycle parking spaces may be located indoors or outdoors in an enclosed or secured room or enclosure;

(X) Despite Regulation 230.40.1.20(2), “short- term” bicycle parking spaces may be located more than 30 metres from a pedestrian entrance to the building;

(Y) Regulation 15.40.50(2), as it relates to platforms in relation to building setbacks, does not apply;

(Z) Regulations 15.5.50.10(1)(A) and (B), with respect to landscaping requirements for an apartment building, does not apply;

(AA) Regulation 15.5.50.10(2), as it relates to soft landscaping requirements for an apartment building abutting another lot in the Residential Zone category, does not apply;

Prevailing By-laws and Prevailing Sections: (None Apply)

Despite any existing or future severance, partition or division of the lands shown on Diagram 1 of By-law [Clerks to supply by-law #] the provisions of this Exception and By-law 569-2013 shall apply to the whole of the lands as one lot as if no severance, partition or division had occurred.
Section 37 Provisions:

a. Pursuant to Section 37 of the Planning Act, and subject to compliance with this By-law, the increase in height and density of the development is permitted beyond that otherwise permitted on the lands shown on Diagram 1 attached to this By-law, in return for the provision by the owner, at the owner’s expense of the services, and matters set out in Schedule A hereof and which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act that are in a form and registered on title to the lands to the satisfaction of the City Solicitor;

b. Where Schedule A of this By-law requires the owner to provide certain facilities, services, or matters prior to the issuance of a building permit, the issuance of such permit shall be dependent on satisfaction of the same; and

c. The owner must not use, or permit the use of a building or structure erected with an increase in height and density pursuant to this By-law unless the provisions of Schedule A of this By-law are satisfied.

Ontario Land Tribunal Decision/Order issued on _____________, in Tribunal Case No. OLT-22-002222

SCHEDULE A

Section 37 Provisions

To be added.

OLT-22-002222 – Schedule 2

CITY OF TORONTO

BY-LAW No. XXXX-2022 (OLT)

To amend Zoning By-law No. 438-86, as amended, of the former City of Toronto respecting to lands municipally known in the year 2021 as 63-91 Montclair Avenue

Whereas the Ontario Land Tribunal Decision issued on _________ and Order issued on ___________, in File OLT-22-002222 (Legacy File PL210016), in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, deem it advisable to amend By-law 438-86, as amended, with respect to the lands municipally known in the year 2021 as 63-91 Montclair Avenue; and

Whereas the Official Plan for the City of Toronto contains provisions relating to the authorization of increases in height and density of development; and

Whereas the owner of the aforesaid lands has elected to provide the facilities, services and matters hereinafter set out; and

Whereas the increase in height and density permitted beyond that otherwise permitted on the aforesaid lands by By-law No. 438-86 as amended, is permitted in return for the provision of the facilities, services and matters set out in this By-law which is secured by one or more agreements between the owner of the land and the City of Toronto;

By-law 438-86, as amended, of the former City of Toronto is further amended by the Ontario Land Tribunal as follows:

None of the provisions of Section 2(1) with respect to the definition of ‘height’, ‘grade’, ‘residential gross floor area’, and ‘lot’ and Sections 4(2)(a), 4(4), 4(6), 4(10), 4(12), 4(13), 4(14), 4(16), 6(3) PART I 1, 6(3) PART II (2), (3), (4), (5) and (8), 6(3) PART III (1), 12(1)320 of Zoning By-law No. 438-86, as amended, being “A By-law to regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto”, shall apply to prevent the erection and use of an apartment building and accessory uses thereto on the lands shown on Map, provided that:

(a) The lot on which the buildings are to be located comprises at least those lands within the heavy lines on Map 1, attached to and forming part of this By-law;

(b) The total residential gross floor area on the lot shall not exceed 33,0039 square metres;

(i) a minimum of 10 percent of the total number of dwelling units must contain three bedrooms;

(ii) a minimum of 20 percent of the total number of dwelling units mut contain two bedrooms;

(iii) any dwelling units with three or more bedrooms provided to satisfy (ii) above are not included in the provision required by (i) above; and

(iv) if the calculation of the number of required dwelling units with two or three bedrooms results in a number with a fraction, the number shall be rounded down to the nearest whole number;

(d) No portion of any building or structure on the lot shall have a height in metres greater than the height limits specified by the numbers following the symbol H on Map 2 attached to and forming part of this By-law, with the exception of the following;

(i) enclosed stairwells, roof access, chimneys, vents and architectural cages, parapets, and elements and structures associated with green roof, which may project above the height limits shown on Map 2 by a maximum of 3.0 metres;

(ii) elevator overrun and elevator shafts, which may project above the height limits shown on Map 2 by a maximum of 7.0 metres;

(iii) lightning rods, and window washing equipment, which may project above the height limits shown on Map 2 by a maximum of 3.0 metres;

(iv) trellis, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, which may project above the height limits shown on Map 2 by a maximum of 3.5 metres;

(v) planters, landscape features, guardrails, and divider screens, which may project above the height limits shown on Map 2 by a maximum of 2.5 metres;

(vii) elements listed in (e)(iii) may exceed the maximum height projection of mechanical penthouses stated in (e)(vi) by a maximum of 3.0 metres; and

(viii) structures or parts of a building listed in (e)(vi) may cover no more than 455 square metres of the roof area, inclusive of the areas used as an elevator overrun, measured horizontally;

(e) No portion of such building above grade shall be located otherwise than wholly within the area delineated by heavy lines on Map 2 attached to and forming part of this By-law, with the exception of the following:

(i) balconies, pillars, patios and decks, which may encroach into the required building setbacks shown on Map 2 by a maximum of 2.3 metres;

(ii) architectural, art and landscape features, window sills, cornices, light fixtures, pilasters and eves, which may encroach into the required building setbacks shown on Map 2 by a maximum of 0.6 metres;

(f) No balcony projections shall be permitted on:

(i) the westerly façade of the east tower;

(ii) the easterly façade of the west tower;

(iii) the westerly façade of the west tower below a height of 25.0 metres as measured from grade;

(iv) the westerly façade of the west tower above a height of 25.0 metres, as measured from grade, save an except for the middle of the westerly façade, which may contain a co-joined balcony projection that is no wider than 5.0 metres and no deeper than 2.0 metres;

(v) the westerly and easterly façades of the podium building; and

(vi) the southerly façade of the east tower, save and except for the southerly corners of the tower;

(g) Residential amenity space shall be provided on the lot at a minimum rate of 3.85 square metres for each dwelling unit, of which:

(i) at least 2.0 square metres for each dwelling unit is indoor residential amenity space; and

(ii) at least 40.0 square metres is outdoor residential amenity space in a location adjoining or directly accessible to the indoor amenity space; and

(h) Parking spaces shall be provided and maintained on the lot in accordance with the following ratios:

(i) a minimum of 0.3 resident parking spaces per dwelling unit;

(ii) a minimum of 12 visitor parking spaces;

(i) For each car-share parking space provided on the lands, up to a maximum of 8 car-share parking spaces, the minimum number of required parking spaces for residential uses in (i)(i) may be reduced by four parking spaces;

(j) The number of required parking spaces in (i)(i) above may be reduced up to a maximum of 12 parking spaces, not including accessible parking spaces, at a rate of one parking space for every five bicycle parking spaces – occupant provided on the lands in excess of the minimum number of " bicycle parking spaces – occupant required by (m)(i) below;

(k) Accessible parking spaces shall be provided and maintained in accordance with the following:

(i) 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;

iv. the entire length of an accessible parking space must be adjacent to a 1.5 metre accessible barrier free aisle or path;

(ii) An accessible parking space must be located within 25 metres of a barrier free entrance to the building or passenger elevator that provides access to the first storey of the building;

(l) Bicycle parking spaces shall be provided and maintained on the lot in accordance with the following ratios:

(i) a minimum of 0.9 bicycle parking spaces – occupant for each dwelling unit for residential uses;

(ii) a minimum of 0.1 bicycle parking spaces – visitor for each dwelling unit for visitors of residents;

(m) Notwithstanding Section 4(13) and the definitions of bicycle parking space - occupant and bicycle parking space - visitor in Section 2(1), bicycle parking spaces shall be provided in accordance with the following:

(i) bicycle parking spaces may be located in a stacked bicycle parking space arrangement;

(ii) each stacked bicycle parking space shall have a minimum width of 0.4 metres, minimum length of 1.8 metres, and a minimum vertical clearance of 1.2 metres;

(iii) the minimum width of a bicycle parking space if placed in a vertical position on a wall, structure or mechanical device is 0.5 metres; and

(iv) bicycle parking spaces - visitor may be located indoors or outdoors in an enclosed or secured room or enclosure;

(n) One combined loading space - Type "G" / “C” shall be provided and maintained on the lot having a minimum width of 4.0 metres, length of 13.0 metres; and minimum vertical clearance of 6.1 metres;

None of the provisions of By-law No. 438-86 shall apply to prevent a sales office on the lot.
For the purposes of this By-law, each word or expression that is italicized in the By-law shall have the same meaning as each such word or expression as defined in By-law No. 438-86, as amended, with the exception of the following terms:

(a) “car-share” means the practice whereby a number of people share the use of one or more vehicles that are owned and operated by a profit or non-profit organization, and such car-share vehicles are made available to at least the occupants of the building for short term rental, including hourly rental;

(b) “car-share parking space” means a parking space exclusively reserved and signed for a car used only for car-share purposes;

(c) “height” means the vertical distance between grade and the highest point of the buildings or structures, excluding permitted projections identified in section 1(c) of this By-law;

(d) “grade” means 152.30 metres Canadian Geodetic Datum;

(e) “lot” means the parcel of land outlined by heavy lines on Map 1 attached to and forming part of this By-law;

(f) “residential gross floor area” means the aggregate of the areas of each floor, measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, but excluding:

(i) parking, loading and bicycle parking below grade;

(ii) required loading spaces and required bicycle parking spaces at or above grade;

(iii) storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms in the basement;

(iv) shower and change facilities required by this By-law for required bicycle parking spaces;

(v) indoor residential amenity space required by this By-law;

(vi) elevator shafts;

(vii) garbage shafts;

(viii) mechanical penthouse; and

(ix) exit stairwells in the building.

(g) “sales office” means a building, structure, facility or trailer on the lot used for the purpose of the leasing of dwelling units to be erected on the lot;

(h) “staked 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;

Despite any existing or future severance, partition or division of the lot, the provisions of this by-law shall apply to the whole lot as if no severance, partition or division occurred.
Section 37 Provisions

(A) Pursuant to Section 37 of the Planning Act, and subject to compliance with this By-law, the increase in height and density of the development is permitted beyond that otherwise permitted on the lands shown on Map 3 in return for the provision by the owner, at the owner's expense of the facilities, services and matters set out in Schedule A hereof and which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act that are in a form and registered on title to the lands, to the satisfaction of the City Solicitor.

(B) Where Schedule A of this By-law requires the owner to provide certain facilities, services or matters prior to the issuance of a building permit, the issuance of such permit shall be dependent on satisfaction of the same.

(C) The owner shall not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to this By-law unless all provisions of Schedule A are satisfied.

Ontario Land Tribunal Decision/Order issued on ______, in Tribunal Case No. OLT-22-002222

SCHEDULE A

Section 37 Provisions

To be added.

Footnotes

R.S.O. 1900, c. P.13, as amended

Montclair Developments LP v. Toronto (City), 2022 CanLII 32467

Case Summary

Ontario Land Tribunal

MEMORANDUM OF ORAL DECISION DELIVERED BY S. Braun ON APRIL 12, 2022 AND INTERIM ORDER OF THE TRIBUNAL

INTRODUCTION

PLANNING EVIDENCE

ANALYSIS AND DISPOSITION

INTERIM ORDER

OLT-22-002222 – Schedule 1

SCHEDULE A

OLT-22-002222 – Schedule 2

SCHEDULE A

Footnotes