Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 8, 2022
CASE NO(S).: OLT-22-003680
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 10285773 Canada Corp.
Subject: Application to amend Zoning By-law No. 569-2013- Refusal or neglect of City of Toronto to make a decision
Existing Zoning: CR 1.0 (c1.0, r1.0) SS3 (x87) and C1(5)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 10-storey residential building with retail at-grade
Property Address: 1861 O’Connor Drive
Municipality: City of Toronto
Municipality File No.: 18 269227 NNY 16 OZ
OLT Case No.: OLT-22-003680
Legacy Case No.: PL190524
OLT Lead Case No.: OLT-22-003680
Legacy Lead Case No.: PL190524
OLT Case Name: 10285773 Canada Corp. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A as amended
Subject: Site Plan
Property Address/Description: 1861 O’Connor Drive
Municipality: City of Toronto
OLT Case No.: OLT-22-003681
Legacy Case No.: PL200217
OLT Lead Case No.: OLT-22-003680
Legacy Lead Case No.: PL190524
BEFORE:
STEVEN COOKE ) Monday the 8th day of VICE-CHAIR ) ) August, 2022 CARMINE TUCCI ) MEMBER )
ORDER
THESE MATTERS having come on for a public hearing on March 18, 19, 22 and 23, 2021 and the Ontario Land Tribunal (the "Tribunal") having determined that the appeals under subsection 34(11) of the Planning Act (the "Zoning Appeal") and under subsection 114(15) of the City of Toronto Act (the "Site Plan Appeal") should be allowed and that the proposed zoning by-law amendments, in a final form and content satisfactory to the City, and should be approved;
AND PURSUANT TO RULE 24.3 OF THE TRIBUNAL'S RULES this Order is effective on August 12, 2022;
THE TRIBUNAL ORDERS that, in accordance with subsection 34(26) of the Planning Act, R.S.O. 1990, c. P.13, as amended, the Zoning Appeal is allowed and that Zoning By-law No. 569-2013 of the City of Toronto, as amended, is hereby amended in the manner set out in Attachment “1” to this Order, and that former City of North York Zoning By-law 7625, as amended, is hereby amended in the manner set out in Attachment "2" 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.
THE TRIBUNAL ORDERS that the Final Order on the Site Plan Appeal remains withheld.
“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
ZBA FOR CITY OF TORONTO ZONING BY-LAW 569-2013
Authority: Ontario Land Tribunal Decision and Order issued on June 21, 2021, and Order issued on August 8, 2022 in Case OLT-22-03680 (PL190524)
CITY OF TORONTO
Bill
BY-LAW -2022 (OLT)
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 1861 O'Connor Drive.
Whereas the Ontario Land Tribunal, by its Decision and Order issued on June 21, 2021, and its Order issued on August 8, 2022 in Case OLT-22-003680 (PL190524), in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. c. P.13, as amended, with respect to the lands municipally known in the year 2022 as 1861 O'Connor Drive; 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, as amended, 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 bylaw 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, are to be 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 By-law [Clerks to insert by-law #].
The words highlighted in bold type in this By-law have the same 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 outlined by heavy black lines to CR 1.0 (c1.0; r1.0) SS3 (x771) as shown on Diagram 2 attached to By-law [Clerks to insert by-law #].
Zoning By-law 569-2013, as amended, is further amended by adding Exception Number CR (x771) to Article 900.11.10 so that it reads:
Exception CR (x771)
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 1861 O'Connor Drive, 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 (N) below:
(B) Despite Regulation 40.5.40.10(1), the height of a building or structure is measured as the vertical distance between the Canadian Geodetic Datum elevation of 151.39 metres and the highest point of the building or structure.
(C) Despite Clauses 40.10.20.10 and 40.10.20.20 the only non-residential uses permitted are as follows: Art Gallery, Artist Studio, Automated Banking Machine, Education Use, Financial Institution, Massage Therapy, Medical Office, Office, Performing Arts Studio, Personal Service Shop, Pet Services, Production Studio, Religious Education Use, Retail Store, Veterinary Hospital, Wellness Centre, Eating Establishment, Take-out Eating Establishment.
(D) Despite Regulation 40.10.40.10(3), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 3 of By-law [Clerks to insert by-law #].
(E) Despite Regulations 40.5.40.10(3) to (8) and (D) 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. eaves, building cornices, light fixtures, ornamental and architectural elements, parapets, railings and fences, window washing equipment, lightning rods to a maximum of 3 metres;
ii. elements associated with a green roof to a maximum of 3 metres; and
iii. elements for functional operation of a building in accordance with regulation 40.5.40.10(4) and 40.5.40.10(5).
(F) Despite regulation 40.10.30.40(1) (A), maximum lot coverage does not apply.
(G) A maximum of 245 dwelling units are permitted.
(H) A minimum of 10 percent of all dwelling units will be 3-bedroom dwelling units.
(I) Despite Regulation 40.10.40.50 (1), amenity space for the building must be provided as follows:
i. Indoor amenity space at a minimum of 1.75 square metres for each dwelling unit in the building; and
ii. Outdoor amenity space at a minimum of 2.0 square metres for each dwelling unit in the building.
(J) Despite Regulation 40.10.40.70 (3), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert by-law #];
(K) Despite Clause 5.10.40.70, and Regulations 40.10.40.60(1) and (3) the following building elements and structures may encroach into the required building setbacks shown on Diagram 3:
i. stairs, eaves, building cornices, light fixtures, ornamental and architectural elements, pilasters, parapets, railings and fences, trellises, window sills, window box, bay window or projecting window, landscape and public art features, window washing equipment, lightning rods not exceeding 0.3 metres.
(L) Despite Regulation 40.10.40.40(1) the maximum permitted gross floor area of a building is 15,900 square metres, of which a minimum of 190 square metres may be used for non-residential uses.
(M) Despite Regulations 200.5.1.10.1(1) and (5), and Table 200.5.10.1, parking spaces must be provided for on the lot in accordance with the following:
i. a minimum of 0.7 parking spaces per one bedroom dwelling unit;
ii. a minimum of 0.9 parking spaces per two bedroom dwelling unit;
iii. a minimum of 1.0 parking spaces per three or more bedroom dwelling unit;
iv. a minimum of 0.1 parking spaces per dwelling unit for visitors, and
v. a total of 4 parking spaces may be used for car share.
(N) Despite (M) above, a maximum of 4 "car-share parking spaces" may be used to reduce the minimum resident parking space requirement by 4 parking spaces per "car-share parking space".
i. "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
ii. A "car-share parking space" means a parking space exclusively reserved and signed for a car used only for car-share purposes.
Prevailing By-laws and Prevailing Sections: (None Apply)
(O) Despite any existing or future consent, severance, partition or division of the lot, the provisions of By-law [Clerks to insert by-law #] shall apply to the lands, as identified on Diagram 1, as if no consent, severance, partition or division occurred.
(P) 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 Schedule A 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 Ontario Land Tribunal Decision and Order issued June 21, 2021, and Order issued on August 8, 2022 in Case OLT-22-003680 (PL190524).
SCHEDULE A
Section 37 Provisions
The facilities, services and matters set out herein are required to be provided by the owner of the lot at its expense to the City in accordance with an agreement or agreements, pursuant to Section 37(3) of the Planning Act, in a form satisfactory to the City with conditions providing for indexing escalation of all financial contributions from the passage of the zoning by-law, no credit for development charges, indemnity, insurance, HST, termination and unwinding, and registration and priority of agreement whereby the owner shall agree as follows:
Prior to the issuance of the first above-grade building permit for the lands, the Owner shall make a cash contribution to the City in the amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) to be allocated to local community benefits and improvements in the vicinity of the lands, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.
The cash contribution referred to in 1. above shall be indexed upwardly in accordance with the Building 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 Section 37 Agreement to the date of payment to the City.
In the event the cash contribution referred to in 1. above has not been used for the intended purposes within three (3) years of the Zoning By-law Amendments 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 Official Plan and will benefit the community in the vicinity of the lands.
The Owner agrees that of the total number of residential units in the development, 37 shall be two bedroom units and 27 shall be three bedroom units.
Diagram 1
Diagram 2
Diagram 3
ATTACHMENT 2
ZBA FOR FORMER CITY OF NORTH YORK ZONING BY-LAW 7625
Authority: Ontario Land Tribunal Decision and Order issued on June 21, 2021, and Order issued on August 8, 2022 in Case OLT-22-003680 (PL190524)
CITY OF TORONTO
Bill
BY-LAW 2022 (OLT)
To amend the former City of North York Zoning By-law 7625, as amended, with respect to the lands municipally known in the year 2022 as 1861 O'Connor Drive.
Whereas the Ontario Land Tribunal, by its Decision and Order issued on June 21, 2021, and its Order issued on August 8, 2022 in Case OLT-22-003680 (PL190524), in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. c.P.13, as amended, approved amendments to the former City of North York Zoning By-law 7625, as amended, with respect to the lands municipally known in the year 2022 as 1861 O'Connor Drive; and
Whereas the Official Plan for the City of Toronto contains provisions relating to the authorization of increases in the height or 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 or density of development beyond those otherwise permitted by the by-law and that will be permitted in return for the provisions 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 or matters in return for an increase in the height or density of development, a 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;
Now therefore pursuant to the Order of the Ontario Land Tribunal, By-law 7625, the General Zoning By-law of the former City of North York, as amended, is further amended as follows:
Schedules "B" and "C" of By-law 7625 of the former City of North York, as amended, are amended in accordance with Schedules 1 and 2 attached to this By-law.
Section 64.26-A of By-law 7625 is amended by adding the following subsection:
"64.26(19) C4 (18)
DEFINITIONS
a) For the purpose of this exception the following definitions will apply:
i. "Building Height" shall mean the vertical distance between the Established Grade and the highest point of the roof surface, exclusive of all accessory components such as but not limited to, mechanical penthouse, tower structures, exit stairways, cupolas, steeples, antennae, parapets, railings, landscape structures, architectural features and ornamental structure and mechanical equipment and screens.
ii. "Established Grade" for the purpose of establishing "building height" shall mean a geodetic elevation of 151.39 metres.
iii. "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 for short term rental, including hourly rental.
iv. "Car-Share Parking Space" means a parking space exclusively reserved and signed for a car used for "Car-Share" purposes.
EXCEPTION REGULATIONS
GROSS FLOOR AREA
b) The maximum gross floor area shall not exceed 16,950 square metres of which no more than 190 square metres shall be used for commercial uses.
RESIDENTIAL UNITS
c) A maximum of 245 dwelling units.
d) A minimum of 10 percent of the total number of dwelling units shall be 3-bedroom dwelling units.
BUILDING HEIGHT
e) The building height shall not exceed the maximum height in metres as set out on Schedule 2 attached to this By-law.
f) A mechanical penthouse or other roof structure which is used only as an ornament or to house the mechanical equipment of the building:
i. shall not be included in calculating the height of the building;
ii. shall not exceed a height of 5.0 metres, and
iii. shall cover no more than 50 percent of the roof area within the building footprint identified on Schedule 2.
BUILDING ENVELOPES
g) The maximum above ground building envelopes excluding parking garages and mechanical structures shall be as set out on Schedule 2 of this By-law:
i. No buildings except for permitted projections as set out in subsection (iii) below shall be permitted beyond the building envelopes as set out on Schedule 2.
ii. Permitted projections outside of building envelopes:
(A) Canopies, balconies, balcony support columns, roof slab projections.
(B) Belt courses, cornices, eaves or gutters, pilasters and sills, columns and piers shall be permitted to project outside the building envelope a maximum of 1.2 metres.
(C) Exterior stairways and ramps and other supporting structural elements are permitted to project outside the building envelope.
iii. Below grade structures may be located 0.0 metres from the lot line.
YARD SETBACKS
h) The minimum yard setbacks for buildings and structures above ground level shall be as shown on Schedule 2 of this By-law.
RECREATIONAL AMENITY AREA
i) Amenity area shall be provided at the following rates:
i. For an apartment house dwelling a minimum of 1.75 square metres of indoor private recreational amenity area per dwelling unit shall be provided in the same building.
ii. For an apartment house dwelling a minimum of 2.0 square metres of outdoor private recreational amenity area per dwelling unit shall be provided on the same lot.
PARKING REQUIREMENTS
j) Parking spaces shall be provided at the following rates:
i. Minimum of 0.7 parking spaces for a one bedroom dwelling unit;
ii. Minimum of 0.9 parking spaces for a two bedroom dwelling unit;
iii. Minimum of 1.0 parking spaces for a three or more bedroom dwelling unit;
iv. Minimum of 0.1 parking spaces per dwelling unit for visitors, and
v. Minimum of 1 parking space per 100 square metres of non-residential uses.
k) Notwithstanding j) i-v above, a total of 4 parking spaces may be used for car share parking spaces and a reduction of four parking spaces per car share space is permitted.
BICYCLE PARKING
l) Bicycle parking spaces shall be provided at an overall rate of 1.0 space per dwelling unit as follows:
i. Long-term bicycle parking spaces shall be provided at a minimum rate of 90 percent of total bicycle parking required.
ii. Short-term bicycle parking spaces shall be provided at a minimum rate of 10 percent of total bicycle parking required.
iii. Long term bicycle parking shall be bicycle parking spaces for use by the occupants, residents or tenants of a building and can be provided within resident storage lockers within the same building.
iv. Short term bicycle parking shall be bicycle parking spaces for use by visitors to the building.
LOADING SPACES
m) One loading space with minimum dimensions of 4.0 metres by 13.0 metres and a minimum 6.1 metres vertical clearance.
OTHER REGULATIONS
n) The provisions of Sections 26(3), 26(4), 26(5), 26(6), 26(7) and 26(8) shall not apply.
LAND DIVISION
o) Notwithstanding any existing or future severance, partition or division of the site, the regulations of this exception shall continue to apply to the whole of the site as if no severance, partition or division had occurred.
Pursuant to Ontario Land Tribunal Decision and Order issued June 21, 2021, and Order issued on August 8, 2022 in Case OLT-22-003680 (PL190524).
SCHEDULE A
Section 37 Provisions
The facilities, services and matters set out herein are required to be provided by the owner of the lot at its expense to the City in accordance with an agreement or agreements, pursuant to Section 37(3) of the Planning Act, in a form satisfactory to the City with conditions providing for indexing escalation of all financial contributions from the passage of the zoning by-law, no credit for development charges, indemnity, insurance, HST, termination and unwinding, and registration and priority of agreement whereby the owner shall agree as follows:
Prior to the issuance of the first above-grade building permit for the lands, the Owner shall make a cash contribution to the City in the amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) to be allocated to local community benefits and improvements in the vicinity of the lands, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor.
The cash contribution referred to in 1. above shall be indexed upwardly in accordance with the Building 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 Section 37 Agreement to the date of payment to the City.
In the event the cash contribution referred to in 1. above has not been used for the intended purposes within three (3) years of the Zoning By-law Amendments 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 Official Plan and will benefit the community in the vicinity of the lands.
The Owner agrees that of the total number of residential units in the development, 37 shall be two bedroom units and 27 shall be three bedroom units.
Schedule 1
Schedule 2