Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 12, 2022
CASE NO.: OLT-22-004027 (formerly PL171273)
EFFECTIVE DATE: August 12, 2022
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 2250310 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the redevelopment of the subject site to accommodate an 8 - storey mixed-use building with 163 residential units and retail space
Reference Number: 17 190573 NNY 23 OZ
Property Address: 258, 260, 264, etc. Sheppard Ave W et al
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-004027
Legacy Case No: PL171273
OLT Lead Case No: OLT-22-004027
Legacy Lead Case No: PL171273
OLT Case Name: 2250310 Ontario Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the redevelopment of the subject site to accommodate an 8 - storey mixed-use building with 163 residential units and retail space
Reference Number: 17 190573 NNY 23 OZ
Property Address: 258, 260, 264, etc. Sheppard Ave W et al
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-004055
Legacy Case No: PL180040
OLT Lead Case No: OLT-22-004027
Legacy Lead Case No: PL171273
OLT Case Name: 2250310 Ontario Inc. v. Toronto (City)
BEFORE:
G.C.P BISHOP ASSOCIATE CHAIR
Friday, the 12th day of August, 2022
THESE MATTERS, in respect of the lands at 258, 260, 264, 266, 268 and 270 Sheppard Avenue West, and 1 and 3 Addington Avenue in the City of Toronto, having come for public hearings on April 1, 2019 before the Ontario Land Tribunal (the "Tribunal") and the Tribunal having issued a Decision and Interim Order on April 11, 2019 allowing the Applicant/Appellant’s appeals of the request to amend the City of Toronto Official Plan and application to amend the former City of North York 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; and
THE TRIBUNAL HAVING BEEN ADVISED by the Parties on August 12, 2022 that these above-noted conditions have been fully satisfied or otherwise addressed to the satisfaction of the City, inclusive of the arrangements for 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 Friday, the 12th day of August, 2022;
AND THE TRIBUNAL having received confirmation from the Appellant and the City of Toronto that the provisions in City of Toronto By-law 569-2013 applicable to the Subject Property are in force and that as per Article 1.5.6 of City of Toronto By-law 569-2013, By-law 569-2013 supersedes former municipal zoning by-laws, including former City of North York Zoning By-law 7625, where it applies;
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 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 Appeals are allowed in part and:
The City of Toronto Official Plan is amended in accordance with the official plan amendment attached hereto as Attachment "A";
Zoning By-law No. 569-2013 of the City of Toronto is amended in accordance with the zoning by-law amendment attached hereto as Attachment "B"; and
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 Friday, August 12, 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
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ATTACHMENT A
Authority: Ontario Land Tribunal, Order issued on August 12, 2022 in Case No. PL171273
CITY OF TORONTO
BY-LAW No. XXX-2022 (OLT)
To adopt Amendment No. 630 to the Official Plan for the City of Toronto respecting the lands known municipally in the year 2021 as
270 Sheppard Avenue West.
Whereas the Ontario Land Tribunal has approved amendments in a Decision dated April 11, 2019 in Case No. PL171273 to the City of Toronto Official Plan with respect to the lands known municipally as 270 Sheppard Avenue West.
The Ontario Land Tribunal approves as follows:
- The attached Amendment No. 630 to the Official Plan is hereby approved pursuant to the Planning Act, as amended.
Ontario Land Tribunal Order issued on August 12, 2022 in Tribunal Case No. PL171273
AMENDMENT No. 630 TO THE OFFICIAL PLAN
LANDS MUNICIPALLY KNOWN IN THE YEAR 2021 AS
270 SHEPPARD AVENUE WEST
The Official Plan of the City of Toronto is amended as follows:
Chapter 6, Section 37, Sheppard Lansing Secondary Plan is amended by amending Site and Area Specific Policy 2 in Section 8.0 Site and Area Specific Policies so that it reads as follows:
Lands located on the north side of Sheppard Avenue West, known municipally as 270 Sheppard Avenue West (2 on Map 37-5)
A 179 unit mixed-use building with retail uses at grade and a maximum height of 9 storeys and 30 metres is permitted, set back a minimum of 7.5 metres from the rear property line. A maximum FSI of 3.83 is permitted.
- Map 37-5, Site and Area Specific Policies, of Chapter 6, Section 37, Sheppard Lansing Secondary Plan, is amended by amending the lands subject to Site and Area Specific Policy 2 so that it includes the lands municipally known as 270 Sheppard Avenue West, as shown on the attached Schedule 1.
SCHEDULE 1
ATTACHMENT B
Authority: Local Planning Appeal Tribunal Decision issued on April 11, 2019 and Ontario Land Tribunal Order issued on August 12, 2022 in Tribunal File PL171273
CITY OF TORONTO
BY-LAW ____-2022
To amend Zoning By-law 569-2013, as amended, with respect to lands municipally known in the year 2021 as 270 Sheppard Avenue West.
Whereas the Ontario Land Tribunal, in its Decision issued on April 11, 2019 and its Order issued on August 12, 2022, in file PL171273, in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, ordered the amendment of Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 270 Sheppard Avenue West; 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 of development 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 Zoning 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 adding the lands subject to this By-law to the Zoning By-law Map in Section 990.10 and applying the following zone label to these lands: CR 2.5 (c1.0; r2.5) SS2 (x816) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Policy Areas Overlay Map in Article 995.10.1 and applying no value.
Zoning By-law 569-2013, as amended, is further amended by adding the lands to the Height Overlay Map in Article 995.20.1, and applying the following height and storey label to these lands: HT 24, ST 6, as shown on Diagram 3 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands to the Lot Coverage Overlay Map in Article 995.30.1, and applying the following lot coverage label to these lands: 35, as shown on Diagram 4 attached to this By-law.
Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number CR 816, so that it reads:
(816) Exception CR 816
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 270 Sheppard Avenue West, if the requirements of this By-law [Clerks to insert By-law ##] are complied with, a building or structure may be constructed, used or enlarged in compliance with regulations (B) to (V) below;
(B) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 178.13 metres and the elevation of the highest point of the building or structure;
(C) The maximum number of dwelling units is 179, of which:
(i) a maximum of 24 dwelling units may be studio dwelling units,
(ii) a maximum of 35 dwelling units may be one-bedroom dwelling units,
(iii) a minimum of 102 dwelling units must be two-bedroom dwelling units, and
(iv) a minimum of 14 dwelling units must be three-bedroom dwelling units;
(D) The two and three-bedroom dwelling units required in (C) above, must comply with the following minimum size requirements:
(i) Two-Bedroom dwelling units:
a. A minimum of 25 two-bedroom dwelling units must have a minimum interior floor area of 81 square metres;
b. A minimum of 32 two-bedroom dwelling units must have a minimum interior floor area of 70 square metres;
c. A minimum of 38 two-bedroom dwelling units must have a minimum interior floor area of 54 square metres;
(ii) Three-Bedroom dwelling units:
a. A minimum of 8 three-bedroom dwelling units must have a minimum interior floor area of 117 square metres;
b. A minimum of 6 three-bedroom dwelling units must have a minimum interior floor area of 90 square metres.
(E) Despite Regulation 40.10.30.40(1), the permitted maximum lot coverage as a percentage of the lot area is 72 percent;
(F) Despite Regulation 40.10.40.1(6)(A), no separation is required between a pedestrian access and a lot in the Residential Zone category.
(G) Despite Regulation 40.10.40.10(2), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 5 of By-law [Clerks to insert By-law ##];
(H) 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 3.8 metres;
(I) Despite Regulation 40.10.40.10(7), the permitted maximum number of storeys in a building is the number following the letters "ST" as shown on Diagram 5 of By-law [Clerks to insert By-law ##];
(J) Despite Regulations 40.5.40.10(3) to (8), and (G) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 5 of By-law [Clerks to insert By-law ##] as follows:
(i) equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, by a maximum of 4.0 metres;
(ii) structures that enclose, screen or cover the equipment, structures and parts of a building listed in (i) above, inclusive of a mechanical penthouse, by a maximum of 4.0 metres;
(iii) architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 1.8 metres;
(iv) building maintenance units and window washing equipment, by a maximum of 4.0 metres;
(K) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures on the lot is 15,000 square metres, of which:
(i) the required minimum gross floor area for non-residential uses is 800 square metres which must be located on the first storey of the building;
(L) Despite Regulation 40.10.40.50(1), amenity space must be provided on the lot at the following rate:
(i) A minimum of 440 square metres of indoor amenity space;
(ii) A minimum of 344 square metres of outdoor amenity space;
(M) Despite Regulation 40.10.40.70(2), the required minimum building setbacks are as shown in metres on Diagram 5 of By-law [Clerks to insert By-law ##];
(N) Despite Regulation 40.10.40.80(2), the required separation of main walls are as shown in metres on Diagram 5 of By-law [Clerks to insert By-law ##];
(O) Despite Regulation 40.10.40.60(9) and (M) above, the following building elements are permitted to encroach into the required angular plane from the rear lot line:
(i) Balcony railings, privacy screens, roof overhangs and parapet walls located above the third storey to a maximum of 1.0 metres.
(P) Despite Regulation 40.10.50.10(3), a minimum 1.5 metre wide strip of land used only for soft landscaping must be provided along the north lot line;
(Q) Despite Regulation 40.10.80.20(2), a parking space must be set back at least 1.5 metres from a lot in the Residential Zone category;
(R) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
(i) No residential occupant parking spaces are required for a studio dwelling unit;
(ii) a minimum of 0.7 residential occupant parking spaces for each one bedroom dwelling unit;
(iii) a minimum of 1.0 residential occupant parking spaces for each two bedroom dwelling unit;
(iv) a minimum of 1.0 residential occupant parking spaces for each three bedroom and greater dwelling unit;
(v) a minimum of 0.20 residential visitor parking spaces for each dwelling unit; and
(vi) a minimum of 1.1 parking spaces for each 100 square metres of non-residential gross floor area;
(S) Despite Regulation 200.5.10.1(1) and (R) above, "car-share parking spaces" may replace parking spaces otherwise required for residential occupants, subject to the following:
(i) a reduction of four resident occupant parking spaces will be permitted for each "car-share parking space" provided to a maximum of two "car-share 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;
(T) 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 minimum rates:
(i) 0.68 "long-term" bicycle parking spaces for each dwelling unit;
(ii) 0.07 "short-term bicycle parking spaces for each dwelling unit;
(iii) 0.13 "long term" bicycle parking spaces for each 100 square metres of interior floor area for all non-residential uses on the lot;
(iv) 3 plus 0.25 "short-term" bicycle parking spaces for each 100 square metres of interior floor area for all non-residential uses on the lot;
(U) Despite Regulation 40.10.90.10(1), a loading space may extend beyond the rear main wall of a building and may be located in a rear yard that abuts a lot in a Residential Zone.
(V) Despite Regulation 220.5.10.1(1), a minimum of one ‘Type G’ loading space must be provided.
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.
Section 37 Requirements:
(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 5 attached to this By-law in return for the provision by the owner, at the owner's expense of the facilities, services and matters set out in Schedule A attached to this By-law 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 attached to 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.
Ontario Land Tribunal Decision issued on April 11, 2019 and Ontario Land Tribunal Order issued on August 12, 2022 in Tribunal File PL171273.
SCHEDULE A
Section 37 Requirements
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 5 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:
Cash Contribution
Prior to the issuance of the first above-grade building permit for the proposed development, the Owner shall pay to the City the sum of $1,134,000, such funds to be used by the City within proximity to the site and within the boundaries of the existing Ward 18; with the allocation of such funds to be determined by the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.
In the event the cash contribution referenced in paragraph 1 above has not been used for the intended purpose within three years of this By-law coming into full force and effect, the cash contribution may be redirected for another purpose within the boundaries of the existing Ward 18, 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 lands.
The cash contribution referenced in paragraph 1 above shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of final approval of this By-law to the date of payment.
Matters Required to Support the Development
The Owner shall provide a boulevard extension within the City right-of-way on the east side of Addington Avenue between Sheppard Avenue West and the proposed site driveway which shall be designed prior to final site plan approval to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, and which shall be constructed, prior to first residential use of the development, to the satisfaction of the General Manager, Transportation Services.
The Owner shall convey the lands municipally known as 5 Addington Avenue to the City as off-site parkland dedication for the development prior to the issuance of the first above grade building permit for the development, in satisfaction of applicable parkland dedication requirements; should the Owner receive approval for a future minor variance or rezoning which increases the maximum permitted Residential Gross Floor Area and/or the maximum permitted Non-Residential Gross Floor Area beyond the amount shown on the revised plans dated March 6, 2019, the Owner shall be responsible for an increase in the parkland dedication to the extent that the new additional approved density triggers a requirement for a greater parkland dedication, by way of a cash-in-lieu payment and/or land in accordance with all legal requirements at the time the parkland dedication is required.