C. Y. Vehicles Enterprise Inc. v. Toronto (City), 2022 CanLII 73902

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 12, 2022

CASE NO(S).: OLT-22-004208

EFECTIVE DATE: August 11, 2022

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

Applicant and Appellant: C. Y. Vehicle Enterprise Inc.

Subject: Application to amend Zoning By-law 7625 – Neglect of application by the City of Toronto

Existing Zoning: Industrial Commercial Zone MC(H)

Proposed Zoning: RM6

Purpose: To permit a mixed us development containing 374 residential dwelling units and 1379 sq. m. retail space

Property Address/Description: 3130 Dufferin Street

Municipality: City of Toronto

Municipal Number: 12 142013 NNY 15 OZ

OLT Case No.: OLT-22-004208

Legacy Case No.: PL140438

OLT Case Name: C. Y. Vehicles Enterprise Inc. v. Toronto (City)

BEFORE:

G.C.P BISHOP ALTERNATE CHAIR Thursday, the 11th day of August, 2022

THIS MATTER in respect to the lands at 3130 Dufferin Street in the City of Toronto, having come before the Ontario Land Tribunal (The Tribunal) for a public hearing on June 13, 2016, and, the Tribunal having issued a Decision and Interim Order on August 11, 2016 allowing the Applicant/Appellant’s appeals of the request to amend the City of Toronto Zoning By-law 7625 in principle, with the final Order withheld pending the Tribunal being advised by the City Solicitor that the conditions contained in that Order have been satisfied;

THE TRIBUNAL HAVING BEEN ADVISED by the Parties on Thursday, the 11th day of August, 2022 that these above-noted conditions have been fully satisfied inclusive of the execution and registration of a Section 37 Agreement to the City’s satisfaction, and that the City and the Applicant and Appellant are thus jointly requesting that the Tribunal proceed to issue its Final Order on that basis;

AND THE TRIBUNAL having received, considered and determined the request for the Final Order on Thursday, the 11th day of August, 2022;

AND THE TRIBUNAL BEING SATISFIED that the prior conditions to the Final Order previously imposed by the Tribunal, upon the consent of the parties, have been satisfied or will now be appropriately addressed and that it is accordingly appropriate that the Tribunal issue its Final Order amending the identified Zoning By-law through the revised instrument now submitted for final approval upon the joint request of the City and the Applicant and Appellant;

THE TRIBUNAL ORDERS that Zoning By-law Amendment attached as Appendix A is approved.

THE TRIBUNAL authorizes the municipal clerk to format, as may be necessary, and assign a number to these by-laws for record keeping purposes.

THE TRIBUNAL ORDERS THAT, pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, notwithstanding the eventual date of the formal issuance of this Order, it shall be, and was, effective as of Thursday, August 11th, 2022 which is the date that the Tribunal received, considered and determined the request for the Final Order in this proceeding.

“Euken Lui”

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.

APPENDIX A

ZONING BY-LAW AMENDMENT

Authority: Former Ontario Municipal Board decision issued on August 11, 2016, and the Ontario Land Tribunal final Order issued on August 12, 2022, in former Ontario Municipal Board File No. PL140438

CITY OF TORONTO

BY-LAW No. ___-2022 (OLT)

To amend the former City of North York Zoning By-law No. 7625, as amended, with respect to the lands municipally known as 3130 Dufferin Street.

Whereas the owner of the lands known municipally in the year 2016 as 3130 Dufferin Street appealed a proposed zoning by-law amendment to the former Ontario Municipal Board; and

Whereas the former Ontario Municipal Board by its decision issued August 11, 2016, and by the Ontario Land Tribunal Order issued August 12, 2022, in Ontario Municipal Board File No. PL140438, approved amendments to the former City of North York Zoning By-law No. 7625, as amended, with respect to those lands; 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 7625 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, by Order, amends By-law 7625 as follows:

Schedules "B" and "C" of By-law No. 7625 of the former City of North York are amended in accordance with Schedule "1" attached to this By-law.
Section 64.20-A of By-law No. 7625 of the former City of North York is amended by adding the following Section:

64.20-A (242)

DEFINITIONS

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

(i) “Amenity Space” means indoor or outdoor space on a lot that is communal and available for use by the occupants of a building for recreational or social activities.

(ii)` "Apartment House Dwelling" shall mean a building containing more than four (4) dwelling units, each having access either from an internal corridor system or direct access at grade, or any combination thereof.

(iii) "Bicycle Parking" shall mean an area located at or below grade, used only for parking or storing bicycles.

(iv) “Bicycle Parking, Long Term” shall mean bicycle parking spaces for use by the occupants or tenants of a building.

(v) “Bicycle Parking, Short Term” shall mean bicycle parking spaces for use by the visitors to a building.

(vi) "Established Grade" shall mean a geodetic elevation of 180.13 metres above sea level based on Geodetic Survey of Canada 1929 mean sea level vertical datum (pre-1978 Southern Ontario Adjustment).

(vii) "Gross Floor Area" shall mean the sum of the total area of each floor of a building, above and below the ground, measured from the exterior of the main wall of each floor level excluding:

(1) Parking, loading, and bicycle parking located below established grade;

(2) Required loading spaces located at grade;

(3) Required bicycle parking spaces located at or above- grade;

(4) Storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms located below grade;

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

(6) Indoor residential amenity space;

(7) Elevator shafts;

(8) Garbage shafts;

(9) Mechanical floor area and penthouses; and,

(10) Exit stairwells in the building.

(viii) "Mechanical Floor Area" shall mean floor area within a building or structure used exclusively for the accommodation of mechanical equipment necessary to physically operate the building, such as heating, ventilation, air conditioning, electrical, plumbing, fire protection and elevator equipment.

(ix) "Site" shall mean the lands zoned "RM6(242)" as shown on Schedule 1 for the purpose of Schedule 'A' of this exception.

(x) "Storey" shall be as defined in By-law No. 7625 except that it shall not include any mechanical penthouse level of a building and it shall not include a mezzanine level located between the first and second full storey of a building provided that the gross floor area of the mezzanine level shall not exceed 50% of the gross floor area of the first storey in the building.

(xi) "Type 'G' loading space" shall mean a loading space that is a minimum of 4.0 metres wide, a minimum of 13.0 metres long and has a minimum vertical clearance of 6.1 metres.

(xii) “Vehicle Dealership” shall mean a building or portion thereof, used for the sale, rental or lease of vehicles displayed or stored on site, excluding construction or agricultural vehicles.

(xiii) “Vehicle” shall mean a wheeled or tracked device, either self-propelled or capable of being pulled by a self-propelled device, for moving persons or objects, or used for construction or agriculture.

PERMITTED USES

(b) The following uses shall be permitted:

Apartment House Dwelling;

Business and Professional Office;

Day Nursery;

Dry Cleaning and Laundry Collecting Establishment;

Financial Institution;

Fitness Centre;

Outdoor Café in conjunction with a Restaurant or Take-out Restaurant on the same lot;

Personal Service Shop;

Professional Medical Office;

Restaurant;

Retail Store, excluding outdoor storage or display;

Take-out Restaurant;

Vehicle dealership, excluding outdoor storage or display of vehicles; and,

A temporary rental and/or sales office.

(c) Notwithstanding clause 2(b), the existing vehicle dealership, including outdoor storage and display, shall be permitted on the lands until the building existing on the lands in the year 2016 is demolished pursuant to the issuance of a demolition permit.

USE QUALIFICATIONS

(d) Non-residential uses shall only be located below grade, or in the first three storeys of any building.

(e) A Restaurant or Take-Out Restaurant shall not have a drive-through facility.

(f) Required Recreational Amenity Space may be located on balconies, private terraces or roof top terraces.

EXCEPTION REGULATIONS

LOT COVERAGE

(g) The provisions of Section 20-A.2.2 (Lot Coverage) of By-law 7625 shall not apply.

LOT FRONTAGE

(h) The provisions of Section 20-A.2.3 shall not apply.

(i) Notwithstanding Section 6(7) (Frontage on a Street) of By-law No. 7625, buildings may be located on lands that front on a private right-of-way having a minimum width of 6.0 metres.

DWELLING UNITS

(j) A maximum of 334 dwelling units shall be permitted.

(k) A minimum of 10% of the total number of dwelling units constructed on the lands shown on Schedule "RM6(242)” shall contain three or more bedrooms.

YARD SETBACKS

(l) The provisions of Sections 20-A.2.4 (Yard Setbacks)of By-law No. 7625 shall not apply.

(m) The minimum yard setbacks for buildings and structures above established grade shall be as shown on Schedule "RM6(242)".

(n) The minimum yard setback for parking structures and structures associated thereto below established grade shall be 0.0 metres from any lot line.

DISTANCE BETWEEN BUILDINGS AND/OR PORTIONS OF BUILDINGS FORMING COURTS

(o) The provisions of Sections 20-A.2.4.1 shall not apply.

(p) The minimum distance between buildings and structures above established grade shall be as shown on Schedule "RM6(242)".

PERMITTED PROJECTIONS INTO MINIMUM YARD SETBACKS

(q) The permitted projections into required yard setbacks shall be as set out in Section 6(9) of By-law No. 7625 except that:

(i) Open balconies may project a maximum of 1.8 metres into any required yard provided that:

(1) Open balconies shall not be permitted to project into the 3 metre required yard of any portion of a building facing Dufferin Street above a height of 6 storeys; and,

(2) Open balconies shall not be permitted to project into the required yards shown on Schedule "RM6(242)" within 5 metres of the corner of any building above a height of 7 storeys.

GROSS FLOOR AREA

(r) Notwithstanding Section 20-A.2.5 (Gross Floor Area) of By-law No. 7625, the maximum residential gross floor area shall be 26,000 m², the maximum non‑residential gross floor area shall be 2,000 m² and the maximum total gross floor area shall be 26,600 m².

BUILDING HEIGHT

(s) Notwithstanding Sections 6(13) (Schedule D Height Limit), 20-A.2.6 (Building Height) and Schedule 'D' of By-law No. 7625, the maximum height shall be the number of metres above established grade for all buildings and structures as shown on Schedule "RM6(242)" and the maximum number of storeys for all buildings and structures shall be as shown on Schedule "RM6(242)".

(t) The minimum height of the first storey shall be 4.5 metres.

LANDSCAPING

(u) The provisions of Section 15.8 (Landscaping) of By-law 7625 shall not apply.

RESIDENTIAL AMENITY SPACE

(v) A minimum of 2.0 m² per dwelling unit of indoor amenity space shall be provided.

(w) A minimum of 2.0 m² per dwelling unit of outdoor amenity space shall be provided.

PARKING

(x) All required parking shall be provided below-grade with the exception of surface parking spaces intended for short term parking and delivery.

(y) No at-grade parking spaces are permitted within 5.0 metres of any property line of a public street.

(z) Notwithstanding Section 6A(2) (Parking Requirements) of By-law No. 7625, non‑residential parking shall be provided at a rate of a minimum of 1.0 parking space per 100 m² of non-residential gross floor area.

(aa) Notwithstanding Section 6A(2) (Parking Requirements) of By-law No. 7625, residential parking shall be provided as follows:

Type of Apartment House Dwelling Unit	Minimum Required Parking Spaces per Dwelling Unit for Residents	Minimum Required Parking Spaces per Dwelling Unit for Visitors
Bachelor < 45 m² GFA	0.7	0.15
Bachelor > 45 m² GFA	1.0	0.15
One-bedroom	0.8	0.15
Two-bedroom	0.9	0.15
Three or more bedroom	1.1	0.15

Type of Apartment House Dwelling Unit	Maximum Required Parking Spaces per Dwelling Unit for Residents	Maximum Required Parking Spaces per Dwelling Unit for Visitors
Bachelor < 45 m² GFA	1.0	None
Bachelor > 45 m² GFA	1.3	None
One-bedroom	1.2	None
Two-bedroom	1.3	None
Three or more bedroom	1.6	None

(bb) Sections 6A(6)(g) (Non-residential Parking Regulations) and 6A(8)(e) (Parking Regulations for RM Zones) of By-law No. 7625 shall not apply.

BICYCLE PARKING

(cc) A minimum of 1 bicycle parking space per dwelling unit shall be provided.

(dd) A minimum of 3 bicycle parking spaces plus 0.25 bicycle parking spaces per 100 m² non-residential gross floor area shall be provided.

(ee) Long Term Bicycle Parking shall be located in a building located on the same lot as the use for which it is required:

(i) on the first storey of the building;

(ii) on the second storey of the building; and,

(iii) on levels of the building below-grade commencing with the first level below-ground and moving down, in one level increments when at least 50% of the area of that level is occupied by bicycle parking spaces, until all required bicycle parking spaces have been provided.

(ff) Short Term Bicycle Parking may be located not more than 30 metres from a pedestrian entrance to the building on the lot.

LOADING SPACE

(gg) None of the provisions of Section 6A(16) (Loading Requirements) of By-law 7625 shall apply to the lands shown on Schedule "RM6(242)". One Type “G” loading space shall be provided on the lands shown on Schedule "RM6(242)".

FLOOR PLATES

(hh) For the any building or portion thereof, with a height greater than 7 storeys, as shown on Schedule "RM6(242)", each floor located above a height of 7 storeys shall contain no more than 750 square metres of gross floor area measured from the exterior faces of the exterior walls.

OTHER PROVISIONS

(ii) The main entrance to each building or unit shall, if the entrance faces an existing or future planned public right-of-way, be at an elevation no greater than 0.8 metres above or below the grade of the existing or future planned public right-of-way at the property line.

(jj) No regulations shall apply to a temporary rental and/or sales office.

LAND DIVISION

(ll) Notwithstanding any severance, partition or division of the lands shown on Schedule "RM6(242)", the provisions of this By-law shall apply to the whole of the lands as if no severance, partition or division occurred.

Within the lands shown on Schedule "RM6(242)" attached to this By-law, no person shall use any land or erect or use any building or structure (excluding a temporary rental and/or sales office) unless the following municipal services are provided to the lot line and the following provisions are complied with:

(i) 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

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

PURSUANT TO THE ORDER OF THE FORMER ONTARIO MUNICIPAL BOARD ISSUED ON AUGUST 11, 2016, AND THE ONTARIO LAND TRIBUNAORDER ISSUE ON August 12, 2022 IN ONTARIO MUNICIPAL BOARD CASE NO. PL140438

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 site as secured in and subject to, an agreement or agreements under subsection 37(3) of the Planning Act, registered on title to the satisfaction of the City Solicitor, whereby the owner agrees as follows:

i. Prior to the issuance of the above-grade building permits for the proposed development, the owner will provide a contribution of $875,000.00 to the City to be used for:

a. Capital improvements to local parks in the vicinity of the site, in particular, the park located across the Dufferin Street, north of Lawrence Avenue West, on Via Bagnota Street, which is replacing Dane Parkette; and/or

b. Capital improvements to the Glen Long Community Centre, and/or

c. Improvements to the median located on Dufferin Street, north of Lawrence Avenue West and south of Apex Avenue.

ii. The cash contribution referred to in Part i. above shall be increased upwards by indexing in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of registration of the Section 37 Agreement to the date the payment is made to the City.

iii. In the event the cash contribution referred to in Part i. above has not been used for the intended purposes within three (3) years of the By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided that the purpose is identified in the Toronto Official Plan and will benefit the community in the Ward.

iv. Prior to the issuance of the above-grade building permits for the proposed development, the owner will provide a minimum contribution in the amount of 1% of the value of construction for on-site public art or, at the owner’s discretion, a minimum of 0.5% of the value of construction for off-site public art, or a pro-rated combination of the foregoing.

v. The owner will provide, in and through the subdivision approval process, for the construction and dedication of a public road to the City generally as located on Schedule 2 to the by-law. The plan of subdivision is to be registered prior to first occupancy of the new building.

vi. The owner will provide, in and through the site plan approval process, for the conveyance to the City of a surface easement for reasonable public access over the “Privately-Owned Publicly Accessible Driveway” generally as located on Schedule 2 to the by-law. Such driveway and easement will be provided prior to first occupancy of the new building.

vii. The Owner shall construct and maintain the development in accordance with Tier 1 performance measures of the Toronto Green Standard, as adopted by Toronto City Council at its meeting of October 26 and 27, 2009.