Arsandco Investments Limited v. Toronto (City), 2022 CanLII 73954

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 12, 2022

EFFECTIVE DATE: August 11, 2022

CASE NO.: OLT-22-004024 (Formerly PL171104)

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

Applicant and Appellant: Arsandco Investments Limited

Subject: Application to amend Eglinton Community Zoning By-law No. 10048 & Zoning By-law No. 569-2013- Refusal or neglect of City of Toronto to make a decision

Existing Zoning: Apartment Residential (A), Office Uses (OU), Residential Apartment Commercial (RAC) and Commercial residential (CR)

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit the proposed development

Property Address/Description: 2525-2545 Lawrence Ave E, etc.

Municipality: City of Toronto

Municipality File No.: 16 109705 ESC 37 OZ

OLT Case No.: OLT-22-004024

Legacy Case No.: PL171104

OLT File No.: OLT-22-004024

Legacy File No.: PL171104

OLT Case Name: Arsandco Investments Limited v. Toronto (City)

BEFORE:

M.A. SILLS VICE-CHAIR

Thursday, the 11th Day of August, 2022

THIS MATTER having come before the former Local Planning Appeal Tribunal for a public hearing on October 8, 2020, and after the hearing, the former Local Planning Appeal Tribunal in its Decision issued February 23, 2021 having allowed the Zoning By-law Amendment appeals in principle, and having withheld its Order pending confirmation from the parties that a Section 37 Agreement has been executed to the satisfaction of the City;

AND THE TRIBUNAL having been advised by the City Solicitor that the Section 37 Agreement has been executed and to the satisfaction of the City;

THE TRIBUNAL ORDERS that the former City of Scarborough Zoning By-law No. 10048 attached as Appendix A and City of Toronto By-law No. 569-2013 attached as Appendix B are approved.

“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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

APPENDIX A

Authority: Local Planning Appeal Tribunal decision issued on February 23, 2021 and Ontario Land Tribunal Order issued on______, in Tribunal Case No. PL171104

CITY OF TORONTO

BY-LAW No. XXXX-2022 (OLT)

To amend the former City of Scarborough Zoning By-law No. 10048, the Eglinton Community Zoning By-law, as amended, with respect to lands municipally known as 2525-2545 Lawrence Avenue East, 1380 Midland Avenue, 1-51, 201-211 and 300 Prudential Drive.

Whereas the Local Planning Appeal Tribunal in its decision issued on February 23, 2021 and the Ontario Land Tribunal Order issued on _____, in Tribunal Case No. PL171104, in hearing and appeal under Section 34(11) of the Planning Act, R.S.O. 19901, c. P13, as amended, ordered the amendment of the former City of Scarborough Zoning By-law No. 10048, as amended, with respect to the lands municipally known in the year 2021 as 2525-2545 Lawrence Avenue East, 1380 Midland Avenue, 1-51, 201-211 and 300 Prudential Drive; and

Whereas the Official Plan for the City of Toronto contains such provisions relating to the authorization of increases in height and density of development; and

Whereas pursuant to Section 37 of the Planning Act, as it read on the day before section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020, S.O. 2020., c. 18 ("COVID-19 Economic recovery Act, 2020") came into force, 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, as it read on the day before section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 came into force, 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;

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 former City of Scarborough Zoning By-law No. 10048, as amended, are to be permitted in return for the provision of the facilities, services and matters set out in this By-law which are secured by one or more agreements between the owner of the land and the City of Toronto;

Now therefore pursuant to the Order of the Ontario Land Tribunal, the former City of Scarborough Zoning By-law No. 10048, as amended, is further amended as follows:

SCHEDULE ‘A’ of the Eglinton Community Zoning By-law No. 10048, as amended, is further amended by deleting the existing zoning and replacing it with the Apartment Residential (A) Zone, Park (P) Zone, and the performance standards shown on Schedule ‘1’, so that the amended zoning shall read as follows:

A – 347 – 348 – 519 – 520 – 572 – 658 – 659 – 703 – 705 – 706 – 707 – 708

A – 349 – 350 – 519 – 521 – 571 – 572 – 573 – 660 – 661 – 704 – 705 – 706 – 707 – 709

A – 351 – 352 – 519 – 522 – 572 – 574 – 662 – 663 – 704 – 705 – 706 – 707 – 710

A – 353 – 354 – 519 – 523 – 572 – 664 – 665 – 703 – 705 – 706 – 707 – 708

PERFORMANCE STANDARDS CHART – SCHEDULE 'B', Eglinton Community Zoning By-law No. 10048, as amended, is further amended by adding the following Performance Standards:

INTENSITY OF USE

Maximum 343 dwelling units.
Maximum Gross Floor Area of 30,000 square metres.
Maximum 608 dwelling units.
Maximum Gross Floor Area of 53,000 square metres, of which a minimum of 1,000 square metres shall be non-residential gross floor area.
Maximum 268 dwelling units.
Maximum Gross Floor Area of 62,000 square metres, of which a minimum of 39,000 square metres shall be non-residential gross floor area.
Maximum 243 dwelling units.
Maximum Gross Floor Area of 21,000 square metres.

SETBACKS

Notwithstanding CLAUSE V – INTERPRETATION, art and landscape features, cornices, light fixtures, ornamental elements, parapets, patios, decks, pillars, pergolas, trellises, balconies, terraces, eaves, window sills, planters, ventilation shafts, guardrails, balustrades, railings, stairs, stair enclosures, doors, wheelchair ramps, fences, screens, site servicing features, awnings and canopies, window washing equipment, and underground garage ramps and associated structures may extend beyond the main wall into required setbacks to a maximum of 2 metres.
The minimum setbacks from the lot line(s) to the main wall(s) shall be the minimum distance in metres specified by the numbers on Schedule ‘2’ of By-law [Clerks to insert by-law ##].
The minimum setbacks from the lot line(s) to the main wall(s) shall be the minimum distance in metres specified by the numbers on Schedule ‘3’ of By-law [Clerks to insert by-law ##]. All buildings and structures shall provide a minimum setback of 3.0 metres to the “10-metre Setback Line From Top of Bank” as shown on Schedule '3' except where an encroachment is shown thereon.
The minimum setbacks from the lot line(s) to the main wall(s) shall be the minimum distance in metres specified by the numbers on Schedule ‘4’ of By-law [Clerks to insert by-law ##]. All buildings and structures shall provide a minimum setback of 3.0 metres to the “10-metre Setback Line From Top of Bank” as shown on Schedule '4' except where an encroachment is shown thereon.
The minimum setbacks from the lot line(s) to the main wall(s) shall be the minimum distance in metres specified by the numbers on Schedule ‘5’ of By-law [Clerks to insert by-law ##].

MISCELLANEOUS

CLAUSE VI, PROVISIONS FOR ALL ZONES, Section 4, Frontage on a Street, shall not apply.
Indoor and outdoor amenity space shall be provided at a minimum rate of 4.0 square metres for each dwelling unit, of which:

(i) a minimum of 2.0 square metres for each dwelling unit must be indoor amenity space; and

(ii) a minimum of 2.0 square metres for each dwelling unit must be outdoor amenity space.

Minimum building separation is the number in metres as shown on Schedule '3' of By-law [Clerks to insert By-law ##];
Minimum building separation is the number in metres as shown on Schedule '4' of By-law [Clerks to insert By-law ##];

HEIGHT

Maximum building height is the number in metres following the letters "HT" as shown on Schedule '2' of By-law [Clerks to insert By-law ##];
Notwithstanding the definition of height in CLAUSE V INTERPRETATION, Section (f), Definitions, for the purposes of this by-law, the height of a building shown on Schedule ‘2’ of this By-law, is measured from an established grade of 158.70 metres Canadian Geodetic Datum and the elevation of the highest point on the building excluding the following:

(i) mechanical penthouse, wind screens, elevator overruns, mechanical equipment, and any associated enclosure structures, limited to a maximum projection of 6 metres; and

(ii) parapets, guard rails, railings and dividers, pergolas, trellises, eaves, screens, stairs, roof drainage, window washing equipment, and lighting rods, limited to a maximum projection of 3 metres.

Maximum building height is the number in metres following the letters "HT" as shown on Schedule '3' of By-law [Clerks to insert By-law ##];
Notwithstanding the definition of height in CLAUSE V INTERPRETATION, Section (f), Definitions, for the purposes of this by-law, the height of a building shown on Schedule ‘3’ of this By-law, is measured from an established grade of 159.25 metres Canadian Geodetic Datum and the elevation of the highest point on the building excluding the following:

(i) mechanical penthouse, wind screens, elevator overruns, mechanical equipment, and any associated enclosure structures, limited to a maximum projection of 6 metres; and

Maximum building height is the number in metres following the letters "HT" as shown on Schedule '4' of By-law [Clerks to insert By-law ##];
Notwithstanding the definition of height in CLAUSE V INTERPRETATION, Section (f), Definitions, for the purposes of this by-law, the height of a building shown on Schedule ‘4’ of this By-law, is measured from an established grade of 157.62 metres Canadian Geodetic Datum and the elevation of the highest point on the building excluding the following:

(i) mechanical penthouse, wind screens, elevator overruns, mechanical equipment, and any associated enclosure structures, limited to a maximum projection of 6 metres; and

Maximum building height is the number in metres following the letters "HT" as shown on Schedule '5' of By-law [Clerks to insert By-law ##];
Notwithstanding the definition of height in CLAUSE V INTERPRETATION, Section (f), Definitions, for the purposes of this by-law, the height of a building shown on Schedule ‘5’ of this By-law, is measured from an established grade of 157.80 metres Canadian Geodetic Datum and the elevation of the highest point on the building excluding the following:

(i) mechanical penthouse, wind screens, elevator overruns, mechanical equipment, and any associated enclosure structures, limited to a maximum projection of 6 metres; and

PARKING

Vehicular parking spaces shall be provided in accordance with the following minimum requirements:

(i) 0.8 parking spaces per one-bedroom dwelling unit;

(ii) 0.9 parking spaces per two-bedroom dwelling unit;

(iii) 1.1 parking spaces per three-bedroom dwelling unit; and

(iv) 0.15 parking spaces per dwelling unit to be allocated to visitors.

Vehicular parking spaces shall be provided in accordance with the following minimum requirements:

(i) 0.8 parking spaces per one-bedroom dwelling unit;

(ii) 0.9 parking spaces per two-bedroom dwelling unit;

(iii) 1.1 parking spaces per three-bedroom dwelling unit; and

(iv) 0.15 parking spaces per dwelling unit to be allocated to visitors; and

(v) 1.0 parking space per 100 square metres of non-residential gross floor area.

If the total parking space requirement is 5 or more, clearly identified off- street accessible parking spaces must be provided on the same lot as every building or structure erected or enlarged, as follows:

(i) if the number of required parking spaces is less than 13, a minimum of 1 accessible parking space must be provided;

(ii) if the number of required parking spaces is 13 to 100, a minimum of 1 accessible parking space for every 25 parking spaces must be provided; and

(iii) if the number of required parking spaces is more than 100, a minimum of 5 accessible parking spaces plus 1 accessible parking space for every 50 parking spaces or part thereof in excess of 100 parking spaces, must be provided.

An accessible parking space must have the following minimum dimensions:

(i) length of 5.6 metres;

(ii) width of 3.4 metres;

(iii) vertical clearance of 2.1 metres; and

(iv) the entire length of an accessible parking space must be adjacent to a 1.5-metre-wide accessible barrier-free aisle.

Bicycle parking spaces must be provided in accordance with the following:

(i) A minimum of 0.75 bicycle parking spaces for each dwelling unit, allocated as:

(a) 0.68 "long-term" resident bicycle parking space per dwelling unit; and

(b) 0.07 "short-term" visitor bicycle parking space per dwelling unit.

(ii) A minimum of 3.0 bicycle parking spaces plus 0.25 spaces per 100 square metres of retail gross floor area for "short-term" bicycle parking;

(iii) A minimum of 3.0 bicycle parking spaces plus 0.15 spaces per 100 square metres of office gross floor area for "short-term" bicycle parking; and

(iv) A minimum of 0.13 bicycle parking space per 100 square metres of non-residential gross floor area for "long-term" bicycle parking;

Loading spaces shall be provided at the following minimum rates:

(i) 1 Type "G" loading space with a minimum length of 13.0 metres, minimum width of 4.0 metres and minimum vertical clearance of 6.1 metres.

Loading spaces shall be provided at the following minimum rates:

(i) 1 Type "G" loading space with a minimum length of 13.0 metres, minimum width of 4.0 metres and minimum vertical clearance of 6.1 metres;

(ii) 1 Type "B" loading space with a minimum length of 11.0 metres, minimum width of 3.5 metres and minimum vertical clearance of 4.0 metres; and

(iii) 1 Type "C" loading space with a minimum length of 6.0 metres, minimum width of 3.5 metres and minimum vertical clearance of 3.0 metres.

Loading spaces shall be provided at the following minimum rates:

(i) 1 Type "G" loading space with a minimum length of 13.0 metres, minimum width of 4.0 metres and minimum vertical clearance of 6.1 metres;

(ii) 2 Type "B" loading spaces with a minimum length of 11.0 metres, minimum width of 3.5 metres and minimum vertical clearance of 4.0 metres; and

(iii) 3 Type "C" loading spaces with a minimum length of 6.0 metres, minimum width of 3.5 metres and minimum vertical clearance of 3.0 metres.

Schedule 'C', EXCEPTIONS LIST and EXCEPTIONS MAP are further amended by deleting the subject lands from Exceptions 14, 64 and 65, and by adding the following Exceptions 78, 79, 80 and 81 to the lands shown outlined on Schedule '6' as follows:
On those lands identified as Exception No. 78 on Schedule '6' of By-law [Clerks to insert by-law ##], the following provisions shall apply:

(a) Only the following uses shall be permitted:

Permitted Uses:

Apartment Buildings
Day Nurseries
Group Homes
Nursing Homes
Senior Citizens Homes

Temporary Uses:

Temporary Sales Trailer for the sale of residential dwelling units.

On those lands identified as Exception 79 on Schedule '6' of By-law [Clerks to insert by-law ##], the following provisions shall apply:

(a) Only the following uses shall be permitted:

Permitted Uses:

Apartment Buildings
Day Nurseries
Group Homes
Nursing Homes
Senior Citizens Homes
Live-work Units
Community Commercial Uses, as defined in CLAUSE VIII – ZONE PROVISIONS, Section 6, Community Commercial (CC)

Temporary Uses:

Temporary Sales Trailer for the sale of residential dwelling units.

(b) For the purposes of this exception, the following definition shall apply:

Live-Work Units are defined as dwelling units that may contain non-residential uses that are conducted only by a member or members of the household who reside in the dwelling unit as their principal residence.

On those lands identified as Exception 80 on Schedule '6' of By-law [Clerks to insert by-law ##], the following provisions shall apply:

(a) Only the following uses shall be permitted:

Permitted Uses:

Apartment Buildings
Day Nurseries
Group Homes
Nursing Homes
Senior Citizens Homes
Live-Work Units
Office Uses, as defined in CLAUSE VIII – ZONE PROVISIONS, Section 11, Office Uses (OU)
Community Commercial Uses, as defined in CLAUSE VIII – ZONE PROVISIONS, Section 6, Community Commercial (CC)

Temporary Uses:

Temporary Sales Trailer for the sale of residential dwelling units.

(b) For the purposes of this exception, the following definition shall apply:

(c) 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 density of the proposed development on the lands 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 any Building Permit, the owner shall enter into an agreement to the satisfaction of the City Solicitor pursuant to Section 37 of the Planning Act as it read on the day before section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 came into force to secure the community benefits above.
Prior to the issuance of an above grade building permit, other than for a temporary sales office/pavilion, the owner to pay to the City a cash contribution of $1,200,00.00 for capital upgrades to McGregor Park Library and/or Kennedy Library and the upgrade/expansion of other community facilities and programs, with such amount to be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date the payment is made.
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 PG32.3 of the Planning and Growth Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of item PG23.9 of the Planning and Growth Committee, and as may be further amended by City Council from time to time.
In the event the cash contribution(s) referred to in Section 2. have 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, at the discretion of the Chief Planner and Executive Director of City Planning, in consultation with the local Councillor, provided that the purposes are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.
On those lands identified as Exception 81 on Schedule '6' of By-law [Clerks to insert by-law ##], the following provisions shall apply:

(a) Only the following uses shall be permitted:

Permitted Uses:

Apartment Buildings
Day Nurseries
Group Homes
Nursing Homes
Senior Citizens Homes
Live-Work Units

Temporary Uses:

Temporary Sales Trailer for the sale of residential dwelling units.

(b) For the purposes of this exception, the following definition shall apply:

PURSUANT TO THE DECISION OF THE LOCAL PLANNING APPEAL TRIBUNAL ISSUED ON FEBRUARY 23, 2021, AND THE ORDER OF THE ONTARIO LANDS TRIBUNAL ISSUED _______, UNDER OLT FILE NO. PL171104

Schedule '1'

Schedule '2'

Schedule '3'

Schedule '4'

Schedule '5'

Schedule '6'

APPENDIX B

Authority: Local Planning Appeal Tribunal decision issued on February 23, 2021 and Ontario Land Tribunal Order issued on______, in Tribunal Case No. PL171104

CITY OF TORONTO

BY-LAW No. XXX-2022(LPAT)

To amend the City of Toronto By-law No. 569-2013, as amended, with respect to lands municipally known as 2525-2545 Lawrence Avenue East, 1380 Midland Avenue, 1-51, 201-211 and 300 Prudential Drive.

Whereas the Local Planning Appeal Tribunal in its decision issued on February 23, 2021 and the Ontario Land Tribunal Order issued on _____, in Tribunal Case No. PL171104, in hearing and appeal under Section 34(11) of the Planning Act, R.S.O. 19901, c. P13, as amended, ordered the amendment of the City of Toronto By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 2525-2545 Lawrence Avenue East, 1380 Midland Avenue, 1-51, 201-211 and 300 Prudential Drive; and

Whereas pursuant to Section 39 of the Planning Act, as amended, a by-law passed under Section 34 of the Planning Act, may 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 such provisions relating to the authorization of increases in height and density of development; and

Whereas pursuant to Section 37 of the Planning Act, as it read on the day before section 1 of Schedule 17 to theCOVID-19 Economic Recovery Act, 2020, S.O. 2020., c. 18 ("COVID-19 Economic recovery Act, 2020") came into force, 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 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 the City of Toronto Zoning 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 are 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 adding the lands identified as Part 1 of Block G on Diagram 4a attached to this By-law to the Zoning By-law Map in Section 990.10, and applying the following zone label to these lands: ON (x26) as shown on Diagram 4b attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands identified as Part 1 of Block G on Diagram 4a attached 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 identified as Part 1 of Block G on Diagram 4a attached to this to the Height Overlay Map in Article 995.20.1, and applying no value.
Zoning By-law 569 -2013, as amended, is further amended by adding the identified as Part 1 of Block G on Diagram 4a attached to this By-law to the Lot Coverage Overlay Map in Article 995.30.1, and applying no value.
Zoning By-law 569-2013, as amended, is further amended by adding the identified as Part 1 of Block G on Diagram 4a attached to this By-law to the Rooming House Overlay Map in Article 995.40.1, and applying no value.
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 zone label of RAC (u356) (x172) to zone label of RAC (u356) (x195) as shown for Block B on Diagram 2 attached to this By-law:
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 zone label of RAC (u455) (x172) to zone label of RAC (u455) (x196) and ON (x26) as shown for Block D on Diagram 3 attached to this By-law:
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 zone label of CR 2.7 (c2.7; r0.0) SS3 (x698) to zone label of CR 2.7 (c2.7; r0.0) SS3 (x809) and ON (x26) as shown for Block G on Diagram 4b attached to this By-law:
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 zone labels of RAC (u196) (x173) and RAC (u225) (x174) to zone label of RAC (u196) (x197) as shown on Diagram 5 attached to this By-law:
Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.8.10 Exception Number RAC (x195) so that it reads:

(195) Exception RAC 195

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 201-211 Prudential Drive, shown as 'Block B' on Diagram 1 of By-law [Clerks to insert By-law ##], 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 Regulation (B) to (R) below:

(B) For the purpose of this exception, "lot" means the lands delineated as 'Block B' by a heavy black line on Diagram 1 of By-law [Clerks to insert By-law ##];

(D) Despite Regulation 15.5.40.10(1), the height of a building or structure is the vertical distance between Canadian Geodetic Datum of 158.70 metres and the highest point of the building or structure;

(E) In addition to the permitted building types for dwelling units listed in Regulation 15.20.20.40(1), the following additional building types are permitted:

i. Townhouses;

(F) Despite Regulation 15.20.30.40(1), the permitted maximum lot coverage is 45%;

(G) Despite Regulation 15.20.40.1(2), the permitted maximum number of dwelling units is 343 dwelling units;

(H) Despite Regulation 15.20.40.10(1), the permitted maximum height of a building or structure is the number following the HT symbol in metres as shown on Diagram 6 of By-law [Clerks to insert By-law ##];

(I) Despite Regulations 15.5.40.10(3), (4), (5) and (6) and (H) above, the following equipment and structures may project beyond the maximum permitted height of a building:

i. mechanical penthouse, wind screens, elevator overruns, mechanical equipment, and any associated enclosure structures to a maximum of 6 metres;

ii. parapets, guard rails, railings and dividers, pergolas, trellises, eaves, screens, stairs, roof drainage, window washing equipment, and lighting rods to a maximum of 3 metres;

(J) Despite Clause 15.20.40.70, the required minimum building setbacks are as shown in metres on Diagram 6 of By-law [Clerks to insert By-law ##];

(K) Despite Clause 15.20.40.80, the required minimum separation distance between main walls is as shown in metres on Diagram 6 of By-law [Clerks to insert By-law ##];

(L) Despite Clause 15.5.40.60, and (J) and (K) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:

i. art and landscape features, cornices, light fixtures, ornamental elements, parapets, patios, decks, pillars, pergolas, trellises, balconies, terraces, eaves, window sills, planters, ventilation shafts, guardrails, balustrades, railings, stairs, stair enclosures, doors, wheelchair ramps, fences, screens, site servicing features, awnings and canopies, window washing equipment, and underground garage ramps and associated structures, to a maximum of 2 metres;

(M) 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 0.8 residential occupant parking spaces for each one-bedroom dwelling unit;

ii. a minimum of 0.9 residential occupant parking spaces for each two-bedroom dwelling unit;

iii. a minimum of 1.1 residential occupant parking spaces for each three-bedroom dwelling unit; and

iv. a minimum of 0.15 residential visitor parking spaces for each dwelling unit;

(N) Despite Regulation 200.5.1.10(2), a maximum of 25% of the parking spaces may have minimum dimensions of:

i. length of 5.1 metres;

ii. width of 2.4 metres;

iii. vertical clearance of 1.7 metres; and

iv. if the side of the parking space is obstructed in accordance with 200.5.1.10(2)(D) the width of the parking space is not required to be increased by 0.3 metres;

(O) Despite Regulation 200.15.1(1), an accessible parking space must comply with the following minimum dimensions:

i. A length of 5.6 metres;

ii. A width of 3.4 metres;

iii. A vertical clearance of 2.1 metres; an

iv. The entire length of an accessible parking space must be adjacent to a 1.5-metre-wide accessible barrier free aisle;

(P) Despite Clause 220.5.10.1, 1 “Type G” loading space must be provided on the "lot";

(Q) Despite Regulation 230.5.1.10(9), "long-term" bicycle parking spaces may be provided on all levels of a building below-ground; and

(R) Despite Regulation 230.20.1.20(2), “short-term” bicycle parking spaces may be located no further than 50 metres from a pedestrian entrance to a building on the "lot".

Prevailing Bylaws and Prevailing Sections: (None Apply)

Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.8.10 Exception Number RAC (x196) so that it reads:

(196) Exception RAC 196

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 2525 and part of 2545 Lawrence Avenue East and 300 Prudential Drive, shown as 'Block D' on Diagram 1 of By-law [Clerks to insert By-law ##], 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 Regulation (B) to (S) below:

(B) For the purpose of this exception, "lot" means the lands delineated as 'Block D' by a heavy black line on Diagram 1 of By-law [Clerks to insert By-law #];

(C) The permitted maximum gross floor area of all buildings and structures on the "lot" is 53,000 square metres, of which;

a. the required minimum gross floor area for non-residential uses is 1,000 square metres;

(D) Despite Regulation 15.5.40.10(1), the height of a building or structure is the vertical distance between Canadian Geodetic Datum of 159.25 metres and the highest point of the building or structure;

(E) In addition to the permitted building types for dwelling units listed in Regulation 15.20.20.20(1), the following additional building types are permitted:

a. Townhouses;

(F) Regulation 15.20.100 (1), regarding conditions for Art Galleries and Other Commercial and Non-residential uses does not apply;

(G) Despite Regulation 15.20.30.40(1), the permitted maximum lot coverage is 35%;

(H) Despite Regulation 15.20.40.1(2), the permitted maximum number of dwelling units is 608 dwelling units;

(I) Despite Regulation 15.20.40.10(1), the permitted maximum height of a building or structure is the number following the HT symbol in metres as shown on Diagram 7 of By-law [Clerks to insert By-law ##];

(J) Despite Regulations 15.5.40.10(3), (4), (5) and (6) and (I) above, the following equipment and structures may project beyond the maximum permitted height of a building:

i. mechanical penthouse, wind screens, elevator overruns, mechanical equipment, and any associated enclosure structures to a maximum of 6 metres;

ii. parapets, guard rails, railings and dividers, pergolas, trellises, eaves, screens, stairs, roof drainage, window washing equipment, and lighting rods to a maximum of 3 metres;

(K) Despite Clause 15.20.40.70, the required minimum building setbacks are as shown in metres on Diagram 7 of By-law [Clerks to insert By-law ##];

(L) Despite Clause 15.20.40.80, the required minimum separation distance between main walls is as shown in metres on Diagram 7 of By-law [Clerks to insert By-law ##];

(M) Despite Clause 15.5.40.60, (K) and (L) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:

a. art and landscape features, cornices, light fixtures, ornamental elements, parapets, patios, decks, pillars, pergolas, trellises, balconies, terraces, eaves, window sills, planters, ventilation shafts, guardrails, balustrades, railings, stairs, stair enclosures, doors, wheelchair ramps, fences, screens, site servicing features, awnings and canopies, window washing equipment, and underground garage ramps and associated structures, to a maximum of 2 metres;

(N) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:

a. a minimum of 0.8 residential occupant parking spaces for each one-bedroom dwelling unit;

b. a minimum of 0.9 residential occupant parking spaces for each two-bedroom dwelling unit;

c. a minimum of 1.1 residential occupant parking spaces for each three-bedroom dwelling unit;

d. a minimum of 0.15 residential visitor parking spaces for each dwelling units; and

e. a minimum of 1.0 parking spaces for each 100 square metres of non-residential gross floor area;

(O) Despite Regulation 200.5.1.10(2), a maximum of 25% of the parking spaces may have minimum dimensions of:

a. length of 5.1 metres;

b. width of 2.4 metres;

c. vertical clearance of 1.7 metres; and

d. if the side of the parking space is obstructed it is not required to be increased by 0.3 metres;

(P) Despite Regulation 200.15.1(1), an accessible parking space must comply with the following minimum dimensions:

a. A length of 5.6 metres;

b. A width of 3.4 metres;

c. A vertical clearance of 2.1 metres; an

d. The entire length of an accessible parking space must be adjacent to a 1.5-metre-wide accessible barrier free aisle;

(Q) Despite Clause 220.5.10.1, 1 “Type G”, 1 Type "B" and 1 Type "C" loading spaces must be provided on the "lot";

(R) Despite Regulation 230.5.1.10(9), "long-term" bicycle parking spaces may be provided on all levels of the building below-ground; and

(S) Despite Regulation 230.20.1.20(2), “short-term” bicycle parking spaces may be located no further than 50 metres from a pedestrian entrance to a building on the lot.

Prevailing Bylaws and Prevailing Sections: (None apply)

Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number CR (x809) so that it reads:

(809) Exception CR 809

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 Exceptions:

(A) On 1380 Midland Avenue and part of 2545 Lawrence Avenue East, shown as 'Block G' on Diagram 1 of By-law [Clerks to insert By-law ##], 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 Regulation (B) to (Q) below):

(B) For the purpose of this exception, "lot" means the lands delineated as 'Block G' by a heavy black line on Diagram 1 of By-law [Clerks to insert By-law #];

(C) Despite Regulation 40.5.40.10(1), the height of a building or structure is the vertical distance between Canadian Geodetic Datum of 157.62 metres and the highest point of the building or structure:

(D) Despite Regulation 40.10.30.40(1), the permitted maximum lot coverage is 30%;

(E) Despite Regulation 40.5.1.10(3)(A), the permitted maximum number of dwelling units is 268 dwelling units;

(F) Despite Regulation 40.10.40.10(3), the permitted maximum height of a building or structure is the number following the HT symbol in metres as shown on Diagram 8 of By-law [Clerks to insert By-law ##];

(G) Despite Regulations 40.5.40.10(3), (4), (5), (6), (7) and (8) and (E) above, the following equipment and structures may project beyond the maximum permitted height of a building:

i. mechanical penthouse, wind screens, elevator overruns, mechanical equipment, and any associated enclosure structures to a maximum of 6 metres;

ii. parapets, guard rails, railings and dividers, pergolas, trellises, eaves, screens, stairs, roof drainage, window washing equipment, and lighting rods to a maximum of 3 metres;

(H) Despite Regulation 40.10.40.40.(1), the permitted maximum gross floor area of all buildings and structures on the "lot" is 62,000 square metres, of which;

a. the required minimum gross floor area for non-residential uses is 39,000 square metres;

(I) Despite Clause 40.10.40.70, the required minimum building setbacks are as shown in metres on Diagram 8 of By-law [Clerks to insert By-law ##];

(J) Despite Regulation 40.10.40.80(2), the required separation of main walls are as shown in metres on Diagram 8 of By-law [Clerks to insert By-law ##];

(K) Despite Regulation 40.5.40.70(1), Clause 40.10.40.60 and (H) and (I) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:

(L) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:

a. a minimum of 0.8 residential occupant parking spaces for each one-bedroom dwelling unit;

b. a minimum of 0.9 residential occupant parking spaces for each two-bedroom dwelling unit;

c. a minimum of 1.1 residential occupant parking spaces for each three-bedroom dwelling unit;

d. a minimum of 0.15 residential visitor parking spaces for each dwelling units; and

e. a minimum of 1.0 parking spaces for each 100 square metres of non-residential gross floor area;

(M) Despite Regulation 200.5.1.10(2), a maximum of 25% of the parking spaces may have minimum dimensions of:

f. length of 5.1 metres;

g. width of 2.4 metres;

h. vertical clearance of 1.7 metres; and

i. if the side of the parking space is obstructed it is not required to be increased by 0.3 metres;

(N) Despite Regulation 200.15.1(1), an accessible parking space must comply with the following minimum dimensions:

j. A length of 5.6 metres;

k. A width of 3.4 metres;

l. A vertical clearance of 2.1 metres; an

m. The entire length of an accessible parking space must be adjacent to a 1.5-metre-wide accessible barrier free aisle;

(O) Despite Clause 220.5.10.1, 1 “Type G”, 2 Type "B" and 3 Type "C" loading spaces must be provided on the "lot";

(P) Despite Regulation 230.5.1.10(9), "long-term" bicycle parking spaces may be provided on all levels of a building below-ground; and

(Q) Despite Regulation 230.20.1.20(2), “short term” bicycle parking spaces may be located no further than 50 metres from a pedestrian entrance to a building on the lot.

Prevailing Bylaws and Prevailing Sections: (None Apply)

Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.8.10 Exception Number RAC (x197) so that it reads:

(197) Exception RAC 197

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 Exceptions:

(A) On 1-51 Prudential Drive, shown as 'Block H' on Diagram 1 of By-law [Clerks to insert By-law ##], 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 Regulation (B) to (T) below:

(A) For the purpose of this exception, "lot" means the lands delineated as 'Block H' by a heavy black line on Diagram 1;

(B) The permitted maximum gross floor area of all buildings and structures on the "lot" is 21,000 square metres;

(C) Despite Regulation 15.5.40.10(1), the height of a building or structure is the vertical distance between Canadian Geodetic Datum of 157.80 metres and the highest point of the building or structure;

(D) In addition to the permitted building types for dwelling units listed in Regulation 15.20.20.40(1), the following additional building types are permitted:

a. Townhouses;

(E) Despite Regulation 15.20.30.40(1), the permitted maximum lot coverage is 30%;

(F) Despite Regulation 15.20.40.1(2), the permitted maximum number of dwelling units is 243 dwelling units;

(G) Despite Regulation 15.20.40.10(1), the permitted maximum height of a building or structure is the number following the HT symbol in metres as shown on Diagram 9 of By-law [Clerks to insert By-law ##];

(H) Despite Regulations 15.5.40.10(3), (4), (5) and (6) and (H) above, the following equipment and structures may project beyond the maximum permitted height of a building:

i. mechanical penthouse, wind screens, elevator overruns, mechanical equipment, and any associated enclosure structures to a maximum of 6 metres;

ii. parapets, guard rails, railings and dividers, pergolas, trellises, eaves, screens, stairs, roof drainage, window washing equipment, and lighting rods to a maximum of 3 metres;

(I) Despite Clause 15.20.40.70, the required minimum building setbacks are as shown in metres on Diagram 9 of By-law [Clerks to insert By-law ##];

(J) Despite Clause 15.20.40.80, the required minimum separation distance between main walls is as shown in metres on Diagram 9 of By-law [Clerks to insert By-law ##];

(K) Despite Clause 15.5.40.60, (J) and (K) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:

(L) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:

a. a minimum of 0.8 residential occupant parking spaces for each one-bedroom dwelling unit;

b. a minimum of 0.9 residential occupant parking spaces for each two-bedroom dwelling unit;

c. a minimum of 1.1 residential occupant parking spaces for each three-bedroom dwelling unit; and

d. a minimum of 0.15 residential visitor parking spaces for each dwelling units;

(M) Despite Regulation 200.5.1.10(2), a maximum of 25% of the parking spaces may have minimum dimensions of:

a. length of 5.1 metres;

b. width of 2.4 metres;

c. vertical clearance of 1.7 metres; and

d. if the side of the parking space is obstructed it is not required to be increased by 0.3 metres;

(N) Despite Regulation 200.15.1(1), an accessible parking space must comply with the following minimum dimensions:

a. A length of 5.6 metres;

b. A width of 3.4 metres;

c. A vertical clearance of 2.1 metres; and

d. The entire length of an accessible parking space must be adjacent to a 1.5-metre-wide accessible barrier free aisle;

(O) Despite Clause 220.5.10.1, 1 “Type G” loading space must be provided on the "lot";

(P) Despite Regulation 230.5.1.10(9), "long-term" bicycle parking spaces may be provided on all levels of a building below-ground ; and

(Q) Despite Regulation 230.20.1.20(2), “short term” bicycle parking spaces may be located no further than 50 metres from a pedestrian entrance to a building on the lot.

Prevailing Bylaws and Prevailing Sections: (None Apply)

Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.41.10 Exception Number ON (x26) so that it reads:

(26) Exception ON 26

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 Exceptions:

(A) Despite Regulations 90.20.20.10(1) and 90.20.20.20(1), only a park is permitted

Prevailing Bylaws 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 temporary sales office on Block B, Block D, Block G, or Block H 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 density of the development is permitted beyond that otherwise permitted on the lands shown on Diagram 1 of By-law [Clerks to insert 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 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 LOCAL PLANNING APPEAL TRIBUNAL ISSUED ON FEBRUARY 23, 2021 AND ORDER OF THE ONTARIO LAND TRIBUNAL ISSUED ON _______ UNDER OLT FILE NO. PL171104

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 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 any Building Permit, the owner shall enter into an agreement to the satisfaction of the City Solicitor pursuant to Section 37 of the Planning Act as it read on the day before section 1 of Schedule 17 to the COVID-19 Economic Recovery Act, 2020 came into force to secure the community benefits above.
Prior to the issuance of an above grade building permit, other than for a temporary sales office/pavilion, the owner to pay to the City a cash contribution of $1,200,00.00 for capital upgrades to McGregor Park Library and/or Kennedy Library and the upgrade/expansion of other community facilities and programs, with such amount to be indexed upwardly in accordance with the Statistics Canada Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date the payment is made.
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 PG32.3 of the Planning and Growth Committee, and as updated by Toronto City Council at its meeting held on December 5, 6 and 7, 2017 through the adoption of item PG23.9 of the Planning and Growth Committee, and as may be further amended by City Council from time to time.
In the event the cash contribution(s) referred to in Section 2. have 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, at the discretion of the Chief Planner and Executive Director of City Planning, in consultation with the local Councillor, provided that the purposes are identified in the Toronto Official Plan and will benefit the community in the vicinity of the lands.