Ontario Land Tribunal
655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Toll Free: 1-866-448-2248 Website: olt.gov.on.ca
Tribunal ontarien de l’aménagement du territoire 655 rue Bay, suite 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web: olt.gov.on.ca
ISSUE DATE: July 12, 2022
CASE NO.: OLT-22-003576 (PL190008)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 90 Eglinton Avenue Holdings Ltd.
Subject: Application to amend Zoning By-law – Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Mixed-Use Commercial-Residential CR T5.0 C3.0 R3.0
Proposed Zoning: Site Specific
Property Address/Description: 90 Eglinton Avenue East
Municipality: City of Toronto
Municipality File No.: 18 128310 STE 22 OZ
OLT Case No.: OLT-22-003576
Legacy Case No.: PL190008
OLT Case Name: 90 Eglinton Avenue Holdings Ltd. v. Toronto (City)
BEFORE:
STEVEN COOKE VICE-CHAIR
D. CHIPMAN MEMBER
Tuesday, the 12th day of July, 2022
THIS MATTER having come on for a public hearing before the Local Planning Appeal Tribunal (continued as the Ontario Land Tribunal, the “Tribunal”);
AND WHEREAS the Tribunal, by way of a memorandum of oral decision issued on January 21, 2020 (the “Decision”), determined that the appeal under subsection 34(11) of the Planning Act (the “Appeal”) should be allowed, in part, and approved in principle the proposed redevelopment of the property known municipally in the City of Toronto as 90 Eglinton Avenue East, with its final order withheld pending confirmation from the City Solicitor that certain conditions identified in the Decision had been satisfied;
AND WHEREAS the Tribunal issued an amending decision on February 24, 2020 correcting certain technical or typographical errors in the Decision;
AND THE TRIBUNAL HAVING BEEN ADVISED that all of the conditions set out in the Decision, as amended, have been satisfied;
AND THE TRIBUNAL being satisfied that its direction as set out in the Decision, as amended, has been met;
THE TRIBUNAL ORDERS that the Appeal is allowed, in part, and that the City of Toronto Zoning By-law No. 569-2013, as amended, is hereby amended in the manner set out in Attachment “1” 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
ATTACHMENT 1
ZONING BY-LAW AMENDMENT TO CITY OF TORONTO ZONING BY-LAW NO. 569-2013
Authority: Local Planning Appeal Tribunal Order issued on ______ and Ontario Land Tribunal Decision issued on _______ in Tribunal File PL______
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 2022 as 90 Eglinton Avenue East.
Whereas the Ontario Land Tribunal, formerly the Local Planning Appeal Tribunal, by its Order issued on ______ and Local Planning Appeal Tribunal decision issued on ______ in File PL160519, approved amendments to City of Toronto Zoning By-law 569-2013, as amended, with respect to the lands known municipally as 90 Eglinton Avenue East; and
Whereas the Local Planning Appeal Tribunal 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 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 and forming part of 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 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.1 respecting the lands outlined by heavy black lines to CR 5.0 (c3.0; r3.0) SS2 (x610), as shown on Diagram 2, attached to and forming part of this By-law;
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 610, so that it reads:
(610) Exception CR 610
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 90 Eglinton Avenue East, if the requirements in Section 6 and Schedule A of By-law [Clerks to supply By-law Number] are complied with, a mixed use building and uses ancillary thereto, including a public parking garage, may be constructed, used or enlarged in compliance with (B) to (X);
(B) Despite regulation 40.5.40.10(1) and 40.5.40.10(2), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 162.91 metres and the highest point of the building or structure;
(C) Despite regulation 40.10.40.1(1), residential use portions of the building may be located at the same level as non-residential use portions of the building;
(D) Despite regulation 40.10.40.1(2)(A), for any non-residential use the floor level of the first storey must be within 0.5 metres of the ground measured at the lot line abutting the street directly opposite each pedestrian entrance;
(E) Despite regulation 40.10.40.10(2), the permitted maximum height of any part of a building or structure is the numerical value, in metres, following the letters “HT” shown on Diagram 3 of By-law [Clerks to supply By-law Number];
(F) In addition to the areas of a building specified in regulation 40.5.40.40 (3), any area used for public parking shall not be used for the calculation of gross floor area for a mixed use building on the lot;
(G) Regulations 40.10.50.10 (1) and (2) and 40.10.20.100 (1), (2), (5), (16), (17), (20), (21), (27), (28), (33), and (46) do not apply;
(H) Despite (E) above and regulations 40.5.40.10(3) to (7),), the following building elements and structures may exceed the permitted maximum building height:
(i) a parapet, roof drainage components, or thermal and waterproofing assembly located at each of the roof levels of the building, all of which may project up to a maximum of 1.5 metres;
(ii) safety railings, fences, green roof elements, planters and guardrails at each of the roof levels of the building, all of which may project up to a maximum of 1.8 metres;
(iii) structures on the roof of any part of the building used for outside or open air recreation, wind mitigation elements, noise mitigation elements, screens, trellises, landscape features, and partitions dividing outdoor recreation areas, all of which may project up to a maximum of 4.0 metres;
(iv) Life saving equipment, equipment used for the functional operation of the building, such as electrical, utility, mechanical and ventilation equipment, stairs, stair enclosures, telecommunications equipment and antennae, window washing equipment, lightning rods, exhaust flues, vents, ventilating equipment, chimney stack, and garbage chute overruns, and structures that enclose, screen or cover the equipment, structures and parts of a building listed in this section, all of which may project up to a maximum of 5.0 metres;
(v) Despite (iv) above, the roof of a mechanical penthouse must not exceed a height of 187.5 metres measured from the Canadian Geodetic Datum elevation of 162.91 metres ;
(I) Despite regulation 40.10.40.40(1) the permitted maximum gross floor area is 50,800 square metres, which shall include a minimum of 13,167 square metres of gross floor area for office uses;
(J) Dwelling Units on the lot must be provided as follows:
(i) A minimum 15% of dwelling units must contain at least two bedrooms, a minimum of 50% of which must have a minimum gross floor area of 87.0 square metres; and,
(ii) A minimum 10% of dwelling units must contain at least three bedrooms, a minimum of 50% of which must have a minimum gross floor area of 100 square metres.
(K) Despite regulation 40.10.40.50 (1)(A), a minimum combined total of 4.0 square metres per dwelling unit of indoor and outdoor amenity space is required;
(L) Despite regulations 5.10.40.70 (1), 40.5.40.70(1) and 40.10.40.70(2) 40.10.40.80(2), the required minimum building setbacks and minimum required above-ground separation distances between main walls of buildings or structures with or without windows are as shown on Diagram 3 of By-law [Clerks to supply By-law Number];
(M) Despite regulation 40.10.50.10 (3), a 1.5 metre wide soft landscaping strip along the lot line abutting a lot in the Residential Zone category is not required;
(N) Despite (K) above, clause 40.10.40.60, and regulations 40.5.40.60(1) and 40.10.40.70(2), the following building elements and structures may encroach into the required minimum building setbacks:
(i) Balconies, cornices, lighting fixtures, architectural features, structural/non-structural architectural columns/piers, window washing equipment, awnings, parapets, parapet flashing, roof and terrace scuppers, roof overhang, gutter, downspout, trellises, window sills, guardrails, balustrades, railings, wind mitigation and acoustic screens and features, planters, wheel chair ramps, mechanical exhaust and intake components, gas meters, underground garage ramps and their associated structures and elements, retaining walls, fences, Siamese connections and privacy screens, all of which may encroach to a maximum of 2.0 metres; and,
(ii) Canopies may encroach to a maximum of 3.0 metres
(O) Despite Clause 200.5.10.1, parking spaces must be provided on the lot in accordance with the following requirements:
(i) A minimum of 0.32 residential occupant parking spaces per dwelling unit; and,
(ii) A minimum of 67 parking spaces for residential visitors and non-residential combined uses;
(A) Despite Regulation 200.5.10.1(1), "car-share parking spaces" may replace parking spaces otherwise required for residential occupants, subject to the following:
(i) a reduction of 4 resident occupant parking spaces will be permitted for each "car-share parking space" provided and that the maximum reduction permitted be capped at 30 resident occupant parking spaces
(ii) for the purpose of this exception, "car-share" means the practice whereby a number of people share the use of one or more motor vehicles and such "car-share" motor vehicles are made available to at least the occupants of the building for short-term rental, including hourly rental; and
(iii) for the purpose of this exception, "car-share parking space" means a parking space exclusively reserved and signed for a vehicle used only for "car-share" purposes;
(P) Despite regulation 40.5.80.1(1), "car-share parking spaces" and parking spaces for residential visitors and non-residential uses required by By-law [Clerks to supply By-law Number] may be located within a public parking garage and may be available on a first come first serve basis and available for and marketed to the general public;
(Q) Despite Regulation 200.5.1.10(2), a maximum of 5% of the required parking spaces may have the following minimum dimensions:
(i) length of 5.4 metres;
(ii) width of 2.4 metres;
(iii) vertical clearance of 1.7 metres; and
(iv) the sides of the parking space may be obstructed in accordance with regulation 200.5.1.10(2)(D) without the requirement to widen the minimum width by 0.3 metres on the side that is obstructed;
(R) Despite regulation 200.15.1(1) and (4) and By-law 579-2017, accessible parking spaces must comply with the following:
(i) accessible parking spaces must be located on the same level as a barrier free passenger elevator that provides access to the first storey of the building;
(ii) an accessible parking space must have the following minimum dimensions:
a. length of 5.6 metres;
b. width of 3.4 metres; and
c. vertical clearance of 2.1 metres;
(iii) the entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path;
(S) Despite regulations 230.5.1.10 (4)(B)(i) and (ii), the minimum width of a stacked bicycle parking space is 0.35 metres and the minimum length is 1.6 metres;
(T) Despite regulations 230.5.1.10 (9)(A)(iii) and 230.5.1.10 (9)(B)(iii), bicycle parking spaces may be located on any level of the building below-ground;
(U) Despite clause 220.5.10.1 and regulations 40.10.90.1 (1) and (2), a minimum of one (1) Type "G" loading space, two (2) Type “C” loading spaces, and one (1) Type “B” loading space must be provided and maintained on the lot;
Prevailing By-laws and Prevailing Sections: (None Apply)
Despite any existing or future severance, partition or division of lands, the provisions of this By-law apply to whole of the lands 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 Diagram 2 of By-law [Clerks to supply By-law Number] 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 By-law [Clerks to supply By-law Number] 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 shall not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to By-law [Clerks to supply By-law Number] unless all provisions of Schedule A are satisfied.
Enacted and passed on XXX, 2021.
Frances Nunziata, Ulli S. Watkiss,
Speaker City Clerk
(Seal of the City)
SCHEDULE A
Section 37 Provisions
The facilities, services and matters set out below are required to be provided to the City at the owner's expense in return for the increase in height and density of the proposed development on the lot, and secured in an agreement or agreements pursuant to Section 37(3) of the Planning Act, whereby the owner agrees as follows:
Financial Contribution
The owner shall make a cash contribution of $2,995,000.00, indexed from the date of execution of the Section 37 Agreement, payable prior to the issuance of the first above-grade building permit for the proposed development. The sum of this contribution is to be allocated towards capital projects within the Yonge-Eglinton area, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.
The owner shall provide an off-site parkland dedication at 51 Montgomery Avenue paired with an cash-in-lieu contribution of $4,447,340, indexed from the date of execution of the Section 37 Agreement, payable upon issuance of first above grade building permit, in satisfaction of application's Section 42 requirements.