Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 20, 2022
CASE NO(S).: PL130592
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant(s): Multiple Appellants
Subject: By-law No. 569-2013
Municipality: City of Toronto
OLT Case No.: PL130592
OLT File No.: PL130592 OLT Case Name: Bahardoust v. Toronto (City)
Heard: In writing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Down 2 Earth | Annik Forristal and Kailey Sutton |
| City of Toronto | Gabe Szobel |
DECISION DELIVERED BY G. BURTON AND D.S. COLBOURNE AND ORDER OF THE TRIBUNAL
1By-Law No. 569-2013 was adopted by City Council at its meeting on May 9, 2013. The By-law is a comprehensive zoning by-law for the amalgamated municipalities that now make up the City of Toronto.
2Down 2 Earth (the “Appellant”) filed an Appeal against the By-law specific to the Subject Lands, which Appeal was assigned Appeal No. 220.
3On May 3, 2016, City Council delegated authority to City staff to settle certain appeals to the By-law, subject to certain conditions.
4Further to this, the City has now requested the Tribunal consider a settlement by way of written motion submitted by the City, supported by the Planning Affidavit of City planner, Caroline Samuel (“Affidavit”).
5Counsel for the Appellant, Ms. Forristal and Ms. Sutton, have been served with the City’s motion and documentation and agree to the settlement.
6The Appellant is the owner of lands municipally numbered 158 Park Lawn Road in the City of Toronto. The Lands currently contain a garden centre with a caretaker’s unit and associated storage.
7The Lands are designated Core Employment Area in Official Plan Amendment No. 231 (“OPA 231”) and are subject to Site and Area Specific Policy (“SASP”) No. 459. SASP 459 permits one caretaker's unit not to exceed 158 square metres (1,700 square feet), and a garden centre not to exceed 158 square metres (1,700 square feet), with the associated indoor and outdoor storage.
8The Subject Lands are currently zoned “E – Employment Industrial” under the By-law, and the current uses are conditionally permitted pursuant to a Committee of Adjustment decision dated December 8, 2011.
9The Appellant appealed the By-law in respect of 158 Park Lawn Road, in the City of Toronto. The Appellant is the only appellant in respect of 158 Park Lawn Road.
10In the settlement, the Appellant and the City have agreed:
Through a consent amendment to the By-law to permit the existing garden centre office and retail use to a maximum size of 158 square metres (1,700 square feet) with associated outdoor storage, and the existing caretaker's unit to a maximum size of 158 square metres (1,700 square feet) on the second floor. This recognizes the existing garden centre and associated outdoor storage, and the existing caretaker's unit which is permitted by OPA 231, SASP 459 on the Subject Lands.
11Ms. Samuel’s opinion is that:
It is my professional planning opinion that these regulations represent good planning. These regulations conform with the Core Employment Areas designation policies of OPA 231, and achieve the policy objective of protecting and preserving Employment Areas for business and economic activities. The settlement of the Appeal as detailed above would provide Down 2 Earth with zoning by-law permissions to continue their existing garden centre business while limiting the size of the retail and residential uses.
12Further, based on the evidence in paragraphs 10 through 12 of her Affidavit, the City is of the view that the policies as amended by the Settlement represent good planning, conform to the Growth Plan for the Greater Golden Horseshoe (2019) and are consistent with the Provincial Policy Statement (2020).
13The Tribunal accepts the opinion of Ms. Samuel and approves of the settlement. The By-law is attached as Attachment 1. Attachment 2 shows the subject lands and Attachment 3 illustrates the new zone label.
14The Tribunal orders that: The By-law amendment in Attachment 1 is approved, together with the Attachments. The final order will issue once the Tribunal is notified of the By-law number by the City.
“G. Burton”
G. BURTON VICE-CHAIR
“D.S. Colbourne”
D.S. COLBOURNE VICE-CHAIR
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
CITY OF TORONTO
BY-LAW No. -2021 [OLT]
To amend Zoning By-law No. 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 158 Park Lawn Road in the City of Toronto.
Whereas the Ontario Land Tribunal, pursuant to its Order issued on XXXXXX, in respect of Tribunal Case No. PLXXXX approved amendments to the City of Toronto Zoning By-law 569- 2013, as amended, with respect to the lands municipally known as 158 Park Lawn Road; and
Whereas authority is given to the Ontario Land Tribunal under Section 34(11) of the Planning Act R.S.O. 1990, c.P.13, as amended; and
Therefore, pursuant to the Order of the Ontario Land Tribunal, Zoning By-law 569-2013 is hereby amended as follows:
The Ontario Land Tribunal enacts:
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 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 E 1.0 (x 61) as shown on Diagram 2 attached to this By-law.
Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.20.10 Exception Number 61 so that it reads:
(61) Exception E 61
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) Despite regulation 60.20.20.100(4), a retail store is permitted as a standalone use with a total interior floor area of up to 158.0 square metres and associated open storage;
(B) Despite regulation 60.20.20.100(10) open storage:
(i) may be 0.0 metres from the rear and side lot lines; and
(ii) must be no more than 70% of the lot area;
(C) Despite Clause 60.20.20.10 a dwelling unit is permitted above a retail store with a permitted maximum interior floor area of 158.0 square metres.
Prevailing By-laws and Prevailing Sections: (None Apply)