Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: EFFECTIVE DATE:
August 12, 2022
August 10, 2022
CASE NO(S).:
OLT-22-002336 (PL210089)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Trolleybus Urban Development Inc.
Subject:
Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Purpose:
To permit a 35-storey residential tower
Property Address:
8-16 Locust Street and 15 Oxford Drive
Municipality:
City of Toronto
Approval Authority File No.:
20 113215 WET 05 OZ
OLT Case No.:
OLT-22-002336
Legacy Case No.:
PL210089
OLT Lead Case No.:
OLT-22-002336
Legacy Lead Case No.:
PL210089
OLT Case Name
Trolleybus Urban Development Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Trolleybus Urban Development Inc.
Subject:
Application to amend Zoning By-law - Refusal or neglect of City of Toronto to make a decision
Purpose:
To permit a 35-storey residential tower
Property Address/Description:
8-16 Locust Street and 15 Oxford Drive
Municipality:
City of Toronto
Municipality File No.:
20 113215 WET 05 OZ
OLT Case No.:
OLT-22-002337
Legacy Case No.:
PL210090
OLT Lead Case No.:
OLT-22-002336
Legacy Lead Case No.:
PL210089
BEFORE:
WILLIAM R. MIDDLETON
Wednesday, the 10th
MEMBER
Day of August, 2022
THESE MATTERS, in respect of the lands at 8 to 16 Locust Street and 15 Oxford Drive in the City of Toronto, having come for a public hearing on May 6, 2022 before the Ontario Land Tribunal (the "Tribunal") and the Tribunal having issued a Decision and Interim Order on July 27, 2022 (the "OLT Order") allowing the Applicant and Appellant’s appeals of the request to amend the City of Toronto Official Plan and application to amend City of Toronto Zoning By-law 569-2013 with the Final Order withheld until such a time as the Tribunal was advised by the City Solicitor that the conditions contained in the OLT Order had been satisfied; and
THE TRIBUNAL HAVING BEEN ADVISED by the parties on August 10, 2022 that the City Solicitor is content 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 Applicant and Appellant are thus jointly requesting that the Tribunal proceed to issue its Final Order on that basis;
AND THE TRIBUNAL having considered and determined the request for the Final Order on Wednesday, the 10th 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 and that it is accordingly appropriate that the Tribunal issue its Final Order amending the City’s Official Plan and the identified Zoning By-law through the revised instruments now submitted for final approval upon the joint request of the City and the Applicant and Appellant;
NOW THEREFORE
THE TRIBUNAL ORDERS that:
The City of Toronto Official Plan is amended in accordance with the Official Plan Amendment attached hereto as Attachment "A"; and
The City of Toronto Zoning By-law No. 569-2013 is amended in accordance with the Zoning By-law amendment attached hereto as Attachment “B”.
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 Wednesday, August 10, 2022 which is the date that the Tribunal received, considered and determined the request for the Final Order in this proceeding.
“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 andcontinued as the Ontario Land Tribunal.
ATTACHMENT A
Authority: Ontario Land Tribunal Decision issued on July 27, 2022 and Ontario Land Tribunal Order is effective on August 10, 2022 in Tribunal File OLT-22-002336 (Legacy Case No. PL210089).
CITY OF TORONTO BY-LAW [XXXX]-2022
To adopt an amendment to the Official Plan for the City of Toronto respecting the lands known municipally in the year 2021, as 8, 10, 12, 14 and 16 Locust Street and 15 Oxford Drive
Whereas the Ontario Land Tribunal pursuant to its Decision issued on July 27, 2022 and Ontario Land Tribunal Order is effective on August 10, 2022, in file OLT-22-002336 (Legacy Case No. PL210089), upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, deems it advisable to amend the Official Plan for the City of Toronto with respect to lands municipally known as in the year 2021 as 8, 10, 12, 14 and 16 Locust Street and 15 Oxford Drive; 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 text and map attached to Amendment No. 629 is hereby adopted as an amendment to the Official Plan for the City of Toronto.
Pursuant to the Decision of the Ontario Land Tribunal issued on July 27, 2022 and Ontario Land Tribunal Order is effective on August 10, 2022 in Tribunal File OLT-22-002336 (Legacy Case No. PL210089).
AMENDMENT NO. 629 TO THE OFFICIAL PLAN LANDS MUNICIPALLY KNOWN IN THE YEAR 2021 AS
8, 10, 12, 14 AND 16 LOCUST STREET AND 15 OXFORD DRIVE
The Official Plan of the City of Toronto is amended as follows:
- Chapter 7, Site and Area Specific Policies, Site and Area Specific Policy No. 39 for the lands municipally known in 2021 as 8, 10, 12, 14 and 16 Locust Street, is amended as follows:
a) Adding new policy b) after “Low to medium-rise residential buildings are permitted subject to suitable land assembly.”, renumbered as policy a), with the following text:
“A tall building is permitted on the lands known municipally in 2021 as 8, 10, 12, 14 and 16 Locust Street subject to suitable land assembly and to the satisfaction of the City.”
- Map 14, Land Use Plan, is amended by re-designating the lands municipally known in 2021 as 15 Oxford Drive from Apartment Neighbourhoods to Mixed Use Areas, as shown on the attached Schedule A.
City of Toronto By-law xxx-20~
ATTACHMENT B
Authority: Ontario Land Tribunal Decision issued on July 27, 2022 and Ontario Land Tribunal Order is effective on August 10, 2022 in Tribunal File OLT-22-002336 (Legacy Case No. PL210089).
CITY OF TORONTO BY-LAW [XXXX]-2022
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 8, 10, 12, 14 and 16 Locust Street and 15 Oxford Drive.
Whereas the Ontario Land Tribunal pursuant to its Decision issued on July 27, 2022 and Ontario Land Tribunal Order is effective on August 10, 2022, in file OLT-22-002336 (Legacy Case No. PL210089), upon hearing an appeal under Section 34(11) of the Planning Act R.S.O. 1990, c. P.13, as amended, deems it advisable to amend By-law 569-2013, as amended, for the City of Toronto with respect to lands municipally known as in the year 2021 as 8, 10, 12, 14 and 16 Locust Street and 15 Oxford Drive; 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; and
Whereas pursuant to Section 39 of the Planning Act, as amended, the Council of a Municipality may, in a By-law passed under Section 34 of the Planning Act, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited in the 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 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, by Order, amends By-law 569-2013 as follows:
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 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 subject to this By-law from a zone label of CR 2.0 (c2.0; r2.0) SS2 and RAC (u428)(x140) to CR 2.0 (c2.0; r2.0) SS2 x792 as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article
900.11.10 Exception Number 792 so that it reads:
(792) Exception CR 792
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 8, 10, 12, 14 and 16 Locust Street and 15 Oxford Drive, if the requirements of By-law ## are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (P) below:
(B) Despite Regulations 40.5.40.10 and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 124.5 metres and elevation of the highest point of the building or structure;
(C) Despite Regulation 40.10.40.10(2), the permitted maximum height of a building or structure is the number following the HT symbol in metres as shown on Diagram 3 of By-law ##;
(D) Despite Regulations 40.5.40.10(3) to (8) and (C) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law ##:
(i) the erection or use of structures on the roof used for maintenance, safety, green roof purposes, roof assembly, air intakes, vents and
ventilating equipment, chimney stacks, exhaust flues, parapets, elements associated with green energy and renewable energy facilities, landscape planters, balcony partitions and railings by a maximum of 2.5 metres;
(ii) structures on the roof used for wind mitigation purposes by a maximum of 3.0 metres;
(iii) elevator overruns and garbage chute overruns, mechanical penthouses, mechanical equipment and any associated enclosure structures, by a maximum of 6.0 metres;
(iv) In addition to (D)(iii) above, elements used for green roof purposes and roof assembly may project above a mechanical penthouse by a maximum of 1.0 metres;
(v) lightning rods and window washing equipment by a maximum of 7.5 metres; and
(vi) A structural crash wall or other rail safety mitigation elements or
structures;
(E) Despite Regulation 40.10.40.10(5), the required minimum height of the first storey, as measured between the floor of the first storey and the ceiling of the first storey, is 3.0 metres, and:
(i) for the purpose of this exception, a mezzanine does not constitute a
storey;
(F) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area is 26,000 square metres;
(G) Dwelling units must be provided as follows:
(i) a minimum of 10 percent of the total number of dwelling units on the lot must contain a minimum of three bedrooms;
(ii) a minimum of 25 percent of the total number of dwellings units on the lot must contain a minimum of two or three bedrooms; and
(iii) in the event that 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.
(H) Despite Regulation 40.10.40.50(1), a building with 20 or more dwelling units must provide amenity space at the following rate:
(i) at least 2.0 square metres for each dwelling unit as indoor
amenity space;
(ii) at least 2.0 square metres of outdoor amenity space for each
dwelling unit;
(I) Despite Regulation 40.10.40.70(2), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law ##;
(J) Despite Clause 40.10.40.60 and (I) above, the following elements may encroach into the required minimum building setbacks as follows:
(i) cornices, light fixtures, ornamental and architectural features, parapets, art and landscape features, patios, decks, pillars, pergolas, trellises, balconies, terraces, eaves, window sills, planters, ventilation shafts, guardrails, balustrades, railings, stairs, stair enclosures, doors, wheelchair ramps, fences, covered walkways, screens, site servicing features, awnings and canopies including support structures, window washing equipment, bicycle parking facilities and underground garage ramps and associated structures, accessory buildings and structures, and retaining walls, by a maximum of 2.0 metres; and
(ii) Within the area labelled as "Canopy Area" on Diagram 3, canopies on Level 2 by a maximum of 6.3 metres.
(K) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces
must be provided in accordance with the following:
(i) a minimum of 0.30 residential occupant parking spaces for each
dwelling unit; and
(ii) a minimum of 0.06 residential visitor parking spaces for each
dwelling unit;
(L) Despite Regulation 200.5.10.1(1), "car-share parking spaces" may replace parking spaces in (K)(i) above 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 by the application of the following formula:
(a) 4 multiplied by the total number of dwelling units divided by 60, rounded down to the nearest whole number;
(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;
(M) Despite Regulation 200.5.1.10(2)(A)(iv), 11 of the required parking spaces may be obstructed as described in Regulation 200.5.1.10(2)(D) without being required to provide additional width for the obstructed sides of the parking space in accordance with the following:
(i) A maximum of 3 parking spaces that are obstructed on two sides with a minimum width of 3.0 metres and depth of 5.6 metres;
(ii) A maximum of 4 parking spaces that are obstructed on one side with a minimum width of 2.56 metres and depth 5.6 metres; and
(iii) A maximum of 4 parking spaces that are obstructed on one side with a minimum width of 2.6 metres and depth 5.6 metres;
(N) Despite Regulations 200.15.1(1), (3) and (4), accessible parking spaces
must be provided in accordance with the following:
(i) a minimum length of 5.6 metres;
(ii) a minimum width of 3.4 metres;
(iii) a minimum 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 on one side of the accessible parking space; and
(v) accessible parking spaces must be the parking spaces closest to a barrier free:
(a) entrance to a building;
(b) passenger elevator that provides access to the first storey of the building; and
(c) shortest route from the required entrances in (a) and (b).
(O) Despite Regulations 230.5.10.1(1)(3) and (5) and Table 230.5.10.1(1),
bicycle parking spaces must be provided in accordance with the
following:
(i) 345 "long-term" bicycle parking spaces;
(ii) 39 "short-term bicycle parking spaces;
(P) Despite Article 220.5.1, a minimum of one type “G” loading space must be provided on the lot;
Prevailing By-laws and Prevailing Sections: (None Apply)
Despite any severance, partition or division of the lands, the provisions of this By- law shall apply as if no severance, partition or division occurred.
Temporary use(s):
(A) None of the provisions of By-law 569-2013, as amended, apply to prevent the erection and use of a sales, leasing or construction office on the lot for a period of not more than 3 years from the date this By-law comes into full force and effect.
- 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 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; 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 this By-law unless all provisions of Schedule A are satisfied.
Pursuant to the Decision of the Ontario Land Tribunal issued on July 27, 2022 and Ontario Land Tribunal Order is effective on August 10, 2022 in Tribunal File OLT-22-002336 (Legacy Case No. PL210089).
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 lands as shown in Diagram 1 in this By-law and secured in an agreement or agreements under Section 37(3) of the Planning Act whereby the owner agrees as follows:
- Prior to issuance of the first above-grade permit, the owner shall pay to the City a cash contribution of $1,500,000.00 (One Million, Five Hundred Thousand) (the "Cash Contribution") to the City to be allocated as follows:
A. $250,000 towards streetscape improvements in the local area beyond the site; and
B. $1,250,000 towards for capital improvements for new or existing affordable housing in the vicinity of the site to the satisfaction of the Chief Planner, Executive Director, City Planning, in consultation with the local Councillor.
The cash contribution set out in Subsection 1 above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of payment of the Cash Contribution by the owner to the City.
In the event the Cash Contribution in Subsection 1 has not been used for the intended purpose within three (3) years of the By-law coming into full force and effect, the Cash Contribution may be redirected for another purpose(s), 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 Official Plan and will benefit the community in the vicinity of the Property.
The owner shall enter into an agreement to convey lands required for the cul-de- sac to the satisfaction of the Chief Planner and Executive Director, City Planning, the General Manager, Transportation Services and the City Solicitor.
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 held on October 26 and 27, 2009 through the adoption of Item 2009.PG32.3 of the Planning and Growth Management Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of Item 2009.PG23.9 of the Planning and Growth
Management Committee, and as may be further amended by City Council from time to time.
- The owner shall satisfy the requirements of the Toronto District School Board and the Toronto Catholic District School Board regarding warning clauses and signage with respect to school accommodation issues.
Diagram 1
Diagram 2
Diagram 3