Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 12, 2022
CASE NO.: OLT-21-001387
EFFECTIVE DATE: August 11, 2022
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dormer Bay Inc., Dormer View Inc., and 2584266 Ontario Inc.
Subject: Request to amend the Official Plan - Failure of the city of Toronto to adopt the requested amendment
Existing Designation: Mixed Use Areas
Proposed Designated: Mixed Use Areas
Purpose: To permit residential development
Property Address/Description: 2810, 2812 and 2814 Bayview Avenue
Municipality: City of Toronto
Approval Authority File No.: No. 19 150397 NNY 18 OZ
OLT Case No.: OLT-21-001387
OLT File No.: OLT-21-001387
OLT Case Name: Dormer Bay 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: Dormer Bay Inc., Dormer View Inc., and 2584266 Ontario Inc.
Subject: Application to amend Zoning By-law No.569-2013 - neglect of the City of Toronto to make a decision
Existing Zoning: Residential Detached (RD) Zone
Proposed Zoning: CR Commercial Residential
Purpose: To permit apartment dwelling uses
Property Address/Description: 2810, 2812 and 2814 Bayview Avenue
Municipality: City of Toronto
Municipality File No.: No. 19 150397 NNY 18 OZ
OLT Case No.: OLT-21-001387
OLT File No.: OLT-21-001388
BEFORE:
G.C.P. BISHOP
Friday, the 12th
ASSOCIATE CHAIR
day of August, 2022
THESE MATTERS, in respect of the lands at 2810, 2812 and 2814 Bayview Avenue in the City of Toronto, having come for public hearings on May 3, 2022 before the Ontario Land Tribunal (the "Tribunal") and the Tribunal having issued a Decision and Interim Order on June 7, 2022 allowing the Applicant/Appellant’s appeals of the request to amend the City of Toronto Official Plan and application to amend City of Toronto Zoning By-law No. 7625 and No. 569-2013, 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 9, 2022 that these above-noted conditions have been fully satisfied or otherwise addressed to the satisfaction of the Parties, 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 Orders 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-laws 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. 7625 and 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 Thursday, August 11, 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, Decision dated August 12, 2022 in Case No. OLT-21-001387
CITY OF TORONTO
BY-LAW No. ~2022 (OLT)
To adopt Amendment 532 to the Official Plan for the City of Toronto respecting the lands known municipally in the year 2021 as
2810, 2812, and 2814 Bayview Avenue.
Whereas the Ontario Land Tribunal has approved amendments in a decision dated June 7, 2022 in Case No. OLT-21-001387 to the City of Toronto Official Plan with respect to the lands known municipally as 2810, 2812, and 2814 Bayview Avenue.
The Ontario Land Tribunal approves as follows:
- The attached Amendment 532 to the Official Plan is hereby approved pursuant to the Planning Act, as amended.
Ontario Land Tribunal Decision issued on August 12, 2022 in Tribunal Case No. OLT-21-001387
AMENDMENT NO. 532 TO THE OFFICIAL PLAN
LANDS MUNICIPALLY KNOWN IN THE YEAR 2021 AS 2810, 2812, AND 2814 BAYVIEW AVENUE
The following text and maps constitute Amendment 532 to the City of Toronto Official Plan.
The Official Plan of the City of Toronto is amended as follows:
Chapter 7, Site and Area Specific Policies, is amended by deleting the provisions of Site and Area Specific Policy Number 80(d) (Southwest of Sheppard Avenue East and Bayview Avenue) with respect to the properties located at 2810, 2812, and 2814 Bayview Avenue.
Chapter 6, Section 9 (Sheppard East Subway Corridor Secondary Plan) is amended with respect to the lands municipally known as 2810, 2812, and 2814 Bayview Avenue, by adding the following new Specific Development Policy to Section 4.2.A for the Bayview Node:
4.2.A.5 2810, 2812, and 2814 Bayview Avenue
a) A maximum density of 3.0 times the lot area is permitted.
b) A maximum building height of 7 storeys (25.0 metres not including mechanical penthouse above the Canadian Geodetic Datum of 176.43) is permitted.
Map 9-2, Key Development Areas of Chapter 6, Section 9 (Sheppard East Subway Corridor Secondary Plan) is amended by adding the lands municipally known as 2810, 2812, and 2814 Bayview Avenue to the Mixed Use Areas designation and by adding a density notation of 3.0, as shown on the attached Schedule 1.
Map 9-3, Specific Development Policies of Chapter 6, Section 9 (Sheppard East Subway Corridor Secondary Plan) is amended by adding Specific Development Policy Area 4.2.A.5 for the lands municipally known as 2810, 2812, and 2814 Bayview Avenue as shown on the attached Schedule 2.
Schedule 1
Schedule 2
ATTACHMENT B
Authority: Ontario Land Tribunal, Decision dated August 12, 2022 in Case No. OLT-21-001387
CITY OF TORONTO
BY-LAW XXXX-2022 (OLT)
To amend Zoning By-law 569-2013, as amended, with respect to lands municipally known in the year 2021 as 2810, 2812 and 2814 Bayview Avenue.
Whereas the Ontario Land Tribunal, by its Decision issued on June 7, 2022 and Order issued on August 12, 2022 in respect of OLT Case No. OLT-21-001387, 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 No. 569-2013, as amended, with respect to lands municipally known in the year 2021 as 2810, 2812 and 2814 Bayview Avenue; 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 as are set out in the By-law; and
Whereas the owner of the aforesaid lands has elected to provide the facilities, services and matters hereinafter set out in Schedule A of this By-law; 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 No. 569-2013, Chapter 800 Definitions.
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 subject to this By-law from a zone label of RD (f15.0; a550) (x5) and RD (f15.0; a550) (x411) to a zone label of CR 3.0 (c0.0; r3.0) SS2 (354), as shown on Diagram 2 attached to this By-law.
Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number (354) so that it reads:
(354) Exception CR 354
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 2810, 2812 and 2814 Bayview Avenue, if the requirements of 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 (R) below;
(B) For the purposes of Regulation 5.10.30.20(2), the lot line abutting Bayview Avenue is the front lot line;
(C) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures on the lot is 5,500 square metres, of which:
(i) the permitted maximum gross floor area for residential uses is 5,500 square metres;
(D) Despite Clause 40.10.30.40, the permitted maximum lot coverage, as a percentage of the lot area, is 70 percent;
(E) Despite Regulation 40.10.40.1(6)(A), a pedestrian access may be located less than 12 metres from a lot in the Residential zone category;
(F) 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 176.43 metres and the elevation of the highest point of the building or structure;
(G) Despite Regulations 40.10.40.10(2) and (7), the permitted maximum height of a building or structure is the number in metres following the letters "HT" and the number in storeys following the letters "ST" as shown on Diagram 3 of By-law [Clerks to insert By-law ##]; and
(i) For the purpose of this exception, a mechanical penthouse does not constitute a storey.
(H) 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 3 of By-law [Clerks to insert By-law ##]:
(i) Window washing equipment, antennae, flagpoles, lightning rods, and satellite dishes, by a maximum of 5.0 metres;
(ii) Equipment used for the functional operation of the building, mechanical penthouses, heating, cooling or ventilating equipment, towers, stacks, and associated components, make-up air units, emergency generator and lighting fixtures, or fences, walls, or structures enclosing, screening, or covering such elements, by a maximum of 6.0 metres;
(iii) Stairs, stair enclosures, elevators and associated components, and elevator lobbies/vestibules for the purposes of accessing the rooftop, by a maximum of 6.0 metres;
(iv) Terraces, patios, planters, balustrades, bollards, stairs, accessory structures, mechanical equipment and fans, retaining walls, wheelchair ramps, ornamental or architectural features, structures and elements related to outdoor patios, roofing assembly, landscape features, garbage chutes and vents, and roofs, by a maximum of 1.5 metres;
(v) Ornamental elements, parapets, guardrails, safety railings, vents, stacks, fences, wind, noise or privacy screens/mitigation measures, chimneys or flues, access roof hatch, trellises, private terrace dividers, cabanas, or outdoor furniture, by a maximum of 3.0 metres; and
(vi) Elements of the roof of the building or structure used for green roof technology, landscape elements, thermal insulation, roof ballast, and skylights, by a maximum of 1.0 metres.
(I) 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;
(J) Despite Regulation 40.10.40.50(1), amenity space must be provided at a minimum rate of 3.0 square metres per dwelling unit, of which:
(i) At least 2.0 square metres for each dwelling unit is indoor amenity space;
(ii) At least 1.0 square metres for each dwelling unit is outdoor amenity space;
(K) Despite Regulation 40.10.40.70(2), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law ##];
(L) Despite Clause 40.10.40.60 and (K) above, the following elements may encroach into the required minimum building setbacks as follows:
(i) Ornamental cladding to a maximum of 0.4 metres;
(ii) Eaves, cornices, roof overhangs, lighting fixtures, pilasters, chimney breasts, bay windows, window sills and other minor architectural projections, to a maximum of 0.5 metres;
(iii) Balconies, awnings and canopies, provided a minimum setback of 1.0 metres from a lot line is maintained;
(iv) At-grade decks, patios, terraces and retaining walls, pergolas, trellises, exterior stairways, wheelchair ramps, stair enclosures, guardrails, balustrades, safety railings, bollards, fences, landscape elements, retaining walls, electrical transformers, and structures used for the ventilation of an underground parking facility;
(M) Despite Regulation 40.10.40.60(9) and 40.10.40.70(2)(E), a part of the building housing the mechanical equipment for the elevator with a maximum width of 7.0 metres may be permitted to penetrate the angular plane above the seventh storey to a maximum height of 6.0 metres.
(N) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided and maintained in accordance with the following rates:
(i) A maximum of 30 resident parking spaces; and
(ii) A maximum of 6 visitor parking spaces.
(O) Despite Regulation 200.5.1.10(2), the vertical clearance of a parking space may be obstructed by such facilities intended to be used for a suspended bicycle parking space for the exclusive use of the owner of the parking space.
(P) Despite Regulation 230.5.1.10(4), a stacked bicycle parking space must have a minimum width of 0.4 metres and a minimum length of 1.8 metres.
(Q) Despite Regulation 40.10.50.10(3), a strip of land used only for landscaping and soft landscaping must be provided as follows:
(i) along the north lot line with a minimum width of 1.0 metre;
(ii) along the west lot line with a minimum width of 1.4 metres;
(iii) A retaining wall, fence, wind or acoustic barrier, planter, or curb are permitted within this area.
(R) Despite Regulation 40.10.80.20(2), a parking space must be set back at least 1.4 metres from a lot in the Residential Zone category.
Prevailing By-laws and Prevailing Sections: (None Apply)
Notwithstanding any existing or future severances, partition or division of the lands, the provisions of the By-law shall apply to the whole of the lands as if no severance, partition or division had 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 1 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 June 7, 2022 and Ontario Land Tribunal Order issued on August 12, 2022 in OLT File No. OLT-21-001387
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 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 the issuance of the first above grade building permit other than a building permit for a temporary sales office/pavilion, the owner shall make a cash contribution to the City in the amount of seventy thousand dollars [$70,000.00] (the "Cash Contribution") in Canadian funds to be allocated towards the provision of community improvements in the vicinity of the site to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.
The Cash Contribution set out in Clause 1 shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan area, as reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-01, or its successor, calculated from the date of the 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 Clause 1 has not been used for the intended purpose within three (3) years of this 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.