Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 17, 2022
CASE NO(S).: OLT-22-002465 (Formerly) PL130592
PROCCEEDING 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.: OLT-22-002465
Legacy Case No.: PL130592
OLT Lead Case No.: OLT-22-002465
Legacy Lead Case No.: PL130592
OLT Case Name: Bahardoust v. Toronto (City)
Heard: June 6, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Toronto | M. Hardiejowski |
| University of Toronto | M. Keating |
MEMORANDUM OF ORAL DECISION DELIVERED BY G. BURTON AND D.S. COLBOURNE ON JUNE 6, 2022 AND ORDER OF THE TRIBUNAL
1This matter was a scheduled Case Management Conference (“CMC”), but ultimately dealt only with a settlement between the City of Toronto (“City”) and the University of Toronto (“U of T”) of all its issues related to Zoning By-law No. 569-2013 (the “New By-law”) appealed by the University.
2The uncontested evidence in support of the matters settled was provided by City Planner Brooke Marshall, both viva voce and documentary in affidavit form, Exhibit 1.
3The Appeals related to following areas:
- The U of T had appealed the New By-law on a City-wide basis. The outstanding provisions to be resolved in this settlement Hearing were: a. parking rates for Post-Secondary Schools in Policy Area 1; b. use permissions for Post-Secondary Schools in the Institutional Hospital (IH) Zone; and c. four site-specific use permissions for Post-Secondary Schools: - in the Residential (R) Zone for 60 Sussex Avenue; - in the Residential (R) Zone for 252 McCaul Street; - in the Employment Office (EO) Zone at 1440 Don Mills Road; and - in the Employment Industrial (E) Zone at 4925 Dufferin Street.
4Ms. Marshall’s evidence was:
- During the development of the New By-law, parking standards were harmonized across the City by land use category, with parking standards applied to individual buildings or lots.
- The new parking standards limited any amalgamation of parking requirements between individual developments, and did not recognize area-specific approaches to parking to meet local demand. The new parking standards increased parking requirements for Post-Secondary Schools.
- At the time of adoption of the New By-law, parking for the U of T had already been addressed within the University Area. Therefore, no additional parking was required by that time. In the current settlement, the parking rate for Post-Secondary Schools in Policy Area 1 is to be reduced to 0, to reflect the parking requirement in place prior to the enactment of the New By-law.
- Stand-alone Post-Secondary School use permissions were not included in the New By-law in the Institutional Hospital (IH), Residential (R), and Employment (E and EO) Zones.
5Amendment of the permitted uses in the Institutional Hospital (IH) Zone limited uses to those that supported the operation of Hospitals within Institutional zones, including that Post-Secondary Schools must be in association with Hospitals. The Institutional Hospital Zone is to be modified to permit Post-Secondary Schools associated with a Hospital or used for education in medicine, dentistry or other health sciences in the Institutional Hospital zone.
6As well, on a site-specific basis, education uses in the Residential (R) Zone, and in the Employment Industrial and Employment Office Zones, are to be expanded to include Post-Secondary Schools as a permitted use. This reflects the existing industrial trade schools and community colleges in these zones.
The Applicable Policies
7In Ms. Marshall’s opinion, the proposed amendments conform to the Provincial Policy Statement (2020), the Growth Plan for the Greater Golden Horseshoe (2020), the Toronto Official Plan, including the Downtown Plan, SASP 570 and SASP 448, and maintain the intent of the New By-law. They are submitted on consent of the Parties to Appeal 218, and constitute good planning.
8The Tribunal accepts the evidence of Ms. Marshall and approves of the draft By-law amendments in Exhibit B to her affidavit. It agrees that approval of these amendments will merely reaffirm the existing approach to meeting local parking need. They will recognize long-standing Post-Secondary uses in the Institutional Hospital, Residential, Employment Industrial and Employment Office Zones.
ORDER
9THE TRIBUNAL ORDERS that the Appeal of the University of Toronto against Zoning By-law No. 569-2013 of the City of Toronto is allowed in part, and Zoning By-law No. 569-2013, as amended, is further amended as set out in the text, regulations and diagrams contained in Attachment 1 to this Order. In all other respect, the Tribunal orders that the appeal is dismissed.
“G. Burton”
G. burton VICE-CHAIR
“D.S. Colbourne”
d.s. colbourne VICE-CHAIR
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-22-002465 – Attachment 1
Proposed Amendments to the Zoning By-law No. 569-2013
CITY OF TORONTO
Bill
BY-LAW -2022
To amend Zoning By-law 569-2013, as amended, with respect to post-secondary schools.
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 Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;
The Council of the City of Toronto enacts:
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 569-2013, as amended, is further amended by revising the parking space rate for a post-secondary school in Table 200.5.10.1 so that it reads:
Parking spaces must be provided at a minimum rate of:
(A) in Policy Area 1 (PA1), a minimum of 0;
(B) in Policy Area 2 (PA2) and Policy Area 3 (PA3), 0.1 for each 100 square metres of gross floor area;
(C) in Policy Area 4 (PA4), 1.0 for each 100 square metres of gross floor area; and
(D) in all other areas of the City, 2.0 for each 100 square metres of gross floor area.
- Zoning By-law 569-2013, as amended, is further amended by amending regulation 80.20.20.100(20), so that it reads:
a. In the IH Zone, a post-secondary school must be:
(A) for education in medicine, dentistry or other health sciences; or
(B) in association with a hospital.
- Zoning By-law 569-2013, as amended, is further amended by revising site specific provision (A) in Article 900.2.10 Exception R 712 so that it reads:
(A) On the lands municipally known as 252 McCaul St. in 1978:
(i) an art gallery, library, museum, public school, medical office, post office, education use, hospital, religious education use, or a place of assembly that is a union hall are permitted, if the gross floor area of the building does not exceed the gross floor area of the building that existed on the lot on June 30, 1978; and [TO: 438-86; 12 (1) 84]
(ii) a post-secondary school is permitted;
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 R (f4.5: d1.0)(x712);
Zoning By-law 569-2013, as amended, is further amended by adding a new site specific provision to Article 900.2.10 Exception R 852, so that the Site Specific Provisions reads:
Site Specific Provisions:
(A) The lands must comply with exception 900.2.10(4); and
(B) On 60 Sussex Ave, a post-secondary school is permitted
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 R (d1.0)(x852);
Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.24.10 Exception Number 15 so that it reads:
Exception EO 15
The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
(A) On 1440 Don Mills Road, a post-secondary school is permitted.
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 EO 1.5 (e1.5; o1.5) (x15), as shown on Diagram 1 attached to this By-law;
Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.20.10 Exception Number 42 so that it reads:
Exception E 42
The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
(A) On 4925 Dufferin Street, a post-secondary school is permitted.
- 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(x42), as shown on Diagram 2 attached to this By-law;