Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 23, 2022

CASE NO(S).: OLT-21-001245 OLT-22-003135

PROCEEDING COMMENCED UNDER subsection 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 a 10-storey, 90 unit residential development

Reference Number: 18 268503 NNY 06 OZ

Property Address: 1304, 1306, 1308 Wilson Avenue

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-21-001245

OLT Lead Case No.: OLT-21-001245

OLT Case Name: Winzen Vista Ridge Estates Limited v. Toronto (City)

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

Applicant/Appellant: Winzen Vista Ridge Estates, Alvin Young, and Raymond Zenkovich

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Reference Number: 18 268503 NNY 06 OZ

Property Address: 1304, 1306, 1308 Wilson Avenue

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-21-001246

OLT Lead Case No.: OLT-21-001245

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Winzen Vista Ridge Estates, Alvin Young, and Raymond Zenkovich

Subject: Site Plan

Reference Number: 20 161382 NNY 06 SA

Property Address: 1304, 1306, 1308 Wilson Avenue

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-21-001247

OLT Lead Case No.: OLT-21-001245

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A

Subject: Site Plan

Referred by: 8570442 Canada Inc

Property Address/Description: 1326 & 1328 Wilson Ave

Municipality: City of Toronto

OLT Case No.: OLT-22-003135

Legacy Case No.: MM180032

OLT Lead Case No.: OLT-22-003135

Legacy Lead Case No.: MM180032

OLT Case Name: 1326 Wilson Development Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 8570442 Canada Inc

Subject: Request to amend the Official Plan – Failure of the City of Toronto to adopt the requested amendment

Existing Designation: Apartment Neighbourhoods and Natural Areas

Proposed Designated: Site Specific (To be determined)

Purpose: To permit the development of a 9 storey mixed use building

Property Address/Description: 1326 & 1328 Wilson Ave

Municipality: City of Toronto

Approval Authority File No.: 16 123717 NNY 09 OZ

OLT Case No.: OLT-22-003136

Legacy Case No.: PL180328

OLT Lead Case No.: OLT-22-003135

Legacy Lead Case No.: MM180032

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

Applicant and Appellant: 8570442 Canada Inc

Subject: Application to amend Zoning By-law No. 7625 – Refusal or neglect of the City of Toronto to make a decision

Existing Zoning: RM5 Multiple-Family Dwellings Fifth Density Zone

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit the development of a 9 storey mixed use

Property Address/Description: 1326 & 1328 Wilson Ave

Municipality: City of Toronto

Municipality File No.: 16 123717 NNY 09 OZ

OLT Case No.: OLT-22-003137

Legacy Case No.: PL180329

OLT Lead Case No.: OLT-22-003135

Legacy Lead Case No.: MM180032

Heard: August 8, 2022 by Video Hearing

APPEARANCES:

Parties	Counsel
Winzen Vista Ridge Estates; Alvin Young; and Raymond Zenkovich	Jennifer Meader
8570442 Canada Inc.	Michael Cara
City of Toronto	Matthew Longo

MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON AUGUST 8, 2022, AND INTERIM ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision and Order addresses separate, yet related, appeals of the failure of the City of Toronto (“City”) to decide on applications for Official Plan Amendments, Zoning By-law Amendments and Site Plan Approvals by Winzen Vista Ridge Estates, Alvin Young and Raymond Zenkovich (“Winzen Appeals”) as well as by 8570442 Canada Inc. (“8570442 Appeals”). Both sets of appeals are brought pursuant to s. 22(7), 34(11) and 41(12) of the Planning Act¹ (“Act”). The Winzen Appeals relate to the proposed development of a 10-storey residential building on the property at 1304, 1306 and 1308 Wilson Avenue (“Winzen property”), whereas the 8570442 Appeals relate to the proposed development of a 9-storey mixed use building on the adjacent property at 1326 and 1328 Wilson Avenue (“8570442 property”).

2This hearing event was originally scheduled as a Case Management Conference (“CMC”), one of the main purposes of which was for the Tribunal to hear submissions on the most efficient way to proceed with a hearing on the merits in relation to these matters. However, the Tribunal converted the CMC to a settlement hearing after being advised that the Parties to each matter had reached agreements to settle their respective appeals. Given commonalities in site context as well as planning issues and evidence to be presented, the Parties requested the settlement proposals be heard together, pursuant to Rule 16 of the Tribunal’s Rules of Practice and Procedure. Finally, the Parties requested that the Site Plan portion of each appeal be adjourned sine die.

3For the Tribunal’s benefit, Counsel for the City offered a brief explanation of four main refinements agreed to during the course of extensive discussions aimed at resolving each of these planning disputes. Those refinements, which ultimately satisfied the City’s concerns and led to the settlement proposals presently before the Tribunal, are as follows:

1. The provision of a combined access for the 8570442 and Winzen properties via a central driveway off Wilson Avenue;
2. Minor revisions aimed at improving the transition to the residential neighbourhood located north of both properties;
3. A co-ordinated planting and re-naturalization plan as well as OPAs which will refine the limit of, and allow a reduction in the setback from, a natural feature located at the northern boundary of both properties; and
4. Revisions aimed at improving the interface with properties located immediately to the east of the Winzen property and to the west of 8570442 property. In particular, an agreement that efforts will be made to not locate bedrooms/ windows on those exterior relationships.

PLANNING EVIDENCE

4In support of the proposed settlements, the Tribunal heard testimony from Adam Layton, a registered professional planner qualified to provide land use planning opinion evidence. Mr. Layton provided sworn Affidavits in relation to each matter and referred extensively to these throughout the course of his testimony. In light of similarities between the two proposed developments in terms of the site context and the land use planning policies engaged, the planning opinions offered in relation to the respective settlement proposals were virtually identical. As such, for the sake of brevity and efficiency the Tribunal has summarized the evidence heard in respect of both appeals below highlighting, where appropriate, any notable differences.

Site Context

5Both properties are located on the north side of Wilson Avenue. The 8570442 property is presently vacant, with a total area of approximately 0.6 acres. Immediately to the east is the Winzen property, which has a total area of approximately 0.539 acres and presently contains two detached bungalow dwellings and a vacant lot. Wilson Avenue is identified as an Avenue and a Major Street within the Official Plan (“OP”), along which a number of Toronto Transit Commission (“TTC”) routes currently operate. Such routes provide access to additional TTC subway lines and bus routes, as well as GO Transit and other inter- and intra-municipal transportation connections. There are several bus stops in close proximity to both properties.

6The northern portions of both properties are vegetated, sloping downward near their rear property lines. Although the City’s OP does not identify these as being within a Natural Heritage System, they are within a Natural Area on the Land Use Plan Map (Map 16). The Toronto and Region Conservation Authority determined there are no features on the properties meeting the criteria to be regulated by the Authority and a Natural Heritage Impact Study (“NHIS”) prepared in support of the proposed developments identified a “remnant ravine and ephemeral drain” which are considered highly degraded due to surrounding anthropogenic development, dominated by invasive/non-native species and ecologically disconnected from other natural features in the wider context.

7Further to the north of the two properties are single detached dwellings. To the south and west are apartment buildings ranging from 3 to 8 storeys. To the east is a recently reconstructed Ambulance Service facility and the newly constructed Humber River Hospital expansion, which includes a 3-4 storey base building with a 12-storey tower portion. The surrounding area also includes a number of schools, parks, commercial plazas and a community centre.

Development Proposals

8The original development proposal for the 8570442 property contemplated a 9-storey mixed use building containing approximately 1,800 square metres of non-residential floor area located on the first and second storeys, with 73 dwelling units on the upper levels. Vehicular access to an underground parking structure was to be provided directly from Wilson Avenue.

9The revised proposal, which is the subject of the settlement agreement in relation to the 8570442 Appeals, and for which the Tribunal’s approval is sought, now contemplates a 10-storey mixed-use building with approximately 5,798 square metres of non-residential floor area located on the first four storeys, with retail at-grade and three floors to be used as medical offices, leveraging proximity to the nearby hospital. 65 dwelling units of varying sizes are located on the upper levels (44 one-bedroom; 14 two-bedroom and 7 three-bedroom units). An underground parking garage will be accessed by a driveway from Wilson Avenue, which is to be shared with the proposed development on the Winzen property to the east.

10The original development proposal for the Winzen property contemplated the removal of the existing dwellings from the property and the construction of a 10-storey residential building containing 90 dwelling units with vehicular access from Wilson Avenue leading to an underground parking structure.

11The revised proposal, which is the subject of the settlement agreement for the Winzen Appeals and for which the Tribunal’s approval is sought, now contemplates an 11-storey, 90-unit residential building consisting of 36 one-bedroom, 38 two-bedroom and 16 three-bedroom units. As previously mentioned, the proposed vehicular access to the property from Wilson Avenue is to be shared with the 8570442 property. The Winzen development differs slightly from the 8570442 development, insofar as it does not include a mixed use component. Instead, five two-storey townhouse-style units, each with independent and direct access from the street, have been incorporated on the lower floors of the building.

Planning Opinion

12Mr. Layton explained the benefits of co-ordinating the site layouts and designs of the two proposed developments, highlighting the single point of access/egress which reduces the number of curb cuts resulting in development with a pedestrian-oriented nature, as well as the channel design and planting/re-naturalization strategy, which will stabilize slopes, support replanting and locate all buildings and structures outside of the floodplain, representing an opportunity for restoration and enhancement of the natural feature located to the north of the properties.

13With respect to considerations of natural heritage and natural hazards, Mr. Layton discussed the natural feature and slope which exists along the northern boundaries of the properties and the co-ordinated approach to the treatment of that area, which includes a proposed channel design/re-alignment to support robust vegetation (plantings) and stable slopes intended to provide a long-term solution in relation to flood hazards. He explained that the proposed channel maintains regulatory flood elevations and will function similar to existing conditions, with no significant impact to adjacent landowners. With reference to the NHIS, he highlighted the conclusion that the proposed developments provide an opportunity to restore and enhance, through mitigation measures, an area that is otherwise highly degraded and dominated by invasive species.

14In addition to the foregoing, he reviewed revisions to the proposed buildings, and in particular a portion of the north of the 8570442 development, which would otherwise have resulted in a major encroachment of floor area into the angular plane. The revisions improve the transition between the proposed buildings and the existing neighbourhood to the north, avoiding major encroachment through the use of a series of terraces along the northern façades of both the 8570442 and Winzen developments, which step down to ensure appropriate transition in height, maintenance of adequate sunlight and privacy for those adjacent residences.

15He further explained that the settlement agreements in relation to both proposals contemplate re-orientation of the interior layouts through the site plan phase of development, so as to ensure windows will not face the east lot line of the Winzen development and the west lot line of the 8570442 development. He drew the Tribunal’s attention to the following excerpt from the July 28, 2022² decision of City Council, wherein the Settlement Offer was accepted,

a. the Owner will orient all bedroom units to the north, south, and east, with no bedroom windows facing the west lot line, unless it is demonstrated to the satisfaction of the Chief Planner and Executive Director, City Planning this is not achievable and/or desirable, in which case the owner will explore reducing the number of units or bedrooms, increasing building setbacks to meet the Midrise Performance Guidelines and/or lastly, alternative window treatments or configurations (for example clerestory windows) on the west building face to address overlook/privacy to neighbouring properties to the satisfaction of the Chief Planner and Executive Director, City Planning, to be secured through the site plan process; and

b. no windows will be located to the west face of the building up to and including the 4th storey medical floor uses as depicted in the submitted architectural plans; in implementing this change the Owner may redesign the building to a (sic) present a party wall/0 metre setback condition to the west property line.

16He noted that a similar provision is contained in the July 19, 2022 City Council decision relating to the Winzen development and its interface with properties to the immediate east pointing out that, as the building is strictly residential, there is no corresponding provision to address non-residential uses.

17Mr. Layton reviewed the draft OPAs and ZBLAs in relation to both the Winzen and 8570442 properties and provided his opinion that these planning instruments and the developments they will ultimately permit, satisfy all requisite legislative tests and are representative of good planning in the public interest.

18The proposed OPA in relation to the 8570442 property seeks to create a Site and Area Specific Policy (“SASP”) which permits the limits of development to be established through the implementing Zoning By-law, permits the setback from same to be less than 10 metres, and to permit the calculation of development density to be based upon the gross site area. In Mr. Layton’s opinion, the foregoing will facilitate compact built form in an appropriate location which provides appropriate transition to adjacent land uses while making efficient use of urban, serviced lands that are adjacent to existing transit infrastructure and will provide clarity to the development limits of the property.

19The 8570442 property is not within an area governed by the City of Toronto Comprehensive Zoning By-law No. 569-2013 (“By-law 569-2013”) and is instead governed by the provisions of the Former City of North York By-law No. 7625 (“By-law 7625”), where it is identified as being within the Multiple Family Dwellings Fifth Density (RM5) Zone. The current RM5 Zone permits apartment house dwellings but not any forms of residential use and limits the maximum gross floor area (“GFA”) to 100% of the lot area and limits height to a maximum of 11.5 metres. In Mr. Layton’s opinion, these provisions are not consistent with the OP, which seeks to promote growth and intensification along the Avenues and generally permits development to a maximum height that is generally equivalent to the width of the adjacent right-of-way (“ROW”) which, in this instance, is 36 metres.

20Out of an abundance of caution, it is proposed that both By-law 7625 and 569-2013 be amended to apply an appropriate zone category to permit the intended built form and to implement specific site exceptions including, but not limited to: setbacks, building height and unit count. It is proposed that the 8570442 property be placed within the following Zones, subject to site specific exceptions:

1. By-law 7625: Mixed Use Commercial (C4) Zone
2. By-law 569-2013: Residential Apartment (RA) Zone

21In relation to the Winzen property, the proposed OPA seeks to create a SASP to recognize the calculated 100-year floodline resulting from the redesigned channel as the limit of the ‘Natural Feature’ on the property, to establish a minimum setback of 2.2 metres from same and to permit the calculation of development density to be based upon the gross site area. In Mr. Layton’s opinion, the proposed amendment is appropriate.

22The Winzen property is also not within the area governed by By-law 569-2013 and is instead governed by By-law 7625, where it is identified as being with the One-Family Detached Dwelling Fifth Density (R5) Zone. The current R5 Zone restricts the permitted residential uses to single detached dwelling and again, in Mr. Layton’s opinion, are not consistent with the intent of the OP, which seeks to promote growth and intensification along the Avenues, nor with the permissions of the Apartment Neighbourhood land use designation of the property.

23Again, the proposal is to amend both By-law 7625 and By-law 569-2013 to apply an appropriate zone category and implement site specific exceptions including but not limited to setbacks, building height and unit count. It is proposed that the Winzen property be placed within the following Zones:

1. By-law 7625 Multiple Family Dwellings Sixth Density (RM6) Zone
2. By-law 569-2013 Residential Apartment Zone (RA)

24In Mr. Layton’s view, the draft ZBLAs in relation to both properties reflect appropriate zone categories to permit the intended built forms and include appropriate development standards reflective of the proposals as modified by the Settlement Offers. The draft ZBLAs employ detailed building envelopes showing the stepped built form that implements a transition to the adjacent low-rise residential uses through a 45-degree angular plane established through the use of setbacks and terraced height provisions typical of site-specific zoning by-laws in the City.

25In his view, the proposals in relation to both the Winzen and 8570442 properties have regard to matters of Provincial interest and are consistent with/conform to policy directions set out in the Provincial Policy Statement (“PPS”) and A Place to Grow: Growth Plan for the Greater Golden Horseshoe (“GP”). The proposed developments are well-designed and will contribute to the creation of a complete community by providing a more diverse housing stock, making efficient use of currently underutilized lands and optimizing available municipal infrastructure and services within the area (including public transit and community amenities within walking distance, such as schools, parks and shopping opportunities). In addition, the co-ordinated approach to replanting and channel redesign at the northern property boundaries ensures protection/enhancement of natural features and ensures all buildings and structures are located outside of natural hazards.

26Mr. Layton further opined that the proposed developments conform to the OP, including but not limited to built form policies which speak to limiting impacts on adjacent development through appropriate massing, exterior facades, site organization and suitable transitions between uses. He reiterated that all major encroachments into the angular plane will be removed through the site plan process and reiterated that the consolidated entrance will allow for a reduced number of accesses onto the street.

27Finally, Mr. Layton reviewed applicable portions of both the City of Toronto Mid-Rise Avenue Guidelines and Growing Up: Planning for Children in New Vertical Communities, opining that the developments proposed for both the Winzen and 8570442 properties either meet the specific text of all applicable guidelines or align with the intent of same.

FINDINGS

28The Tribunal accepts the uncontested planning evidence and opinions of Mr. Layton and finds the proposals in relation to both the Winzen and 8570442 properties are representative of good planning in the public interest and meet all the necessary legislative tests.

29The Tribunal is satisfied that the developments, as proposed, will contribute to a range and mix of housing opportunities in a manner which makes efficient use of land and resources, leveraging proximity to transit and existing municipal infrastructure, which will not result in unmitigable impacts upon neighbouring properties or the ecological functions of the natural area to the north.

INTERIM ORDERS

30In relation to the 8570442 Appeals (1326 and 1328 Wilson Avenue):

a) The Tribunal Orders that the appeals are allowed in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph 30(b) below and the drafts of the Official Plan Amendment and Zoning By-law Amendments appended to this Order as Attachments 1, 2 and 3 to this Order, are hereby approved in principle.

b) The Tribunal will withhold the issuance of its Final Order contingent upon confirmation from the City Solicitor that the instruments are in a final form satisfactory to all Parties for the Tribunal to approve and that the following pre-requisite conditions have been satisfied:

i. the Owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan and Zoning By-law Amendment application as set out in their memorandum dated June 9, 2021, or as may be updated, in response to further submissions filed by the Owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

ii. the Owner has provided a revised Functional Servicing Report, Stormwater Management Report, Hydrogeological Report, Groundwater Report, Municipal Servicing Report and Grading Plan, and any other reports necessary in support of the development to the City to the satisfaction of, the Chief Engineer and Executive Director, Engineering and Construction Services to ensure the municipal water, sanitary and storm sewer systems can support the proposed development and to identify any required upgrades or improvements to existing municipal infrastructure;

iii. in the event the updated Functional Servicing Report, Groundwater Report, Stormwater Management Report, or Hydrogeological Report identify any required upgrades to existing municipal infrastructure to support the development, the Owner has entered into a financially secured agreement(s) with the City requiring the Owner to design, financially secure, construct and make operational prior to the issuance of any above grade building permit, any upgrades or required improvements, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

iv. the site plan application has been revised to address the location or orientation of bedroom windows or medical floor uses as contained in City Council Item CC47.35 to the satisfaction of the Chief Planner and Executive Director, City Planning.

c) If the Parties do not submit final drafts of the instruments; provide confirmation that the contingent pre-requisites set out in paragraph 30(b) above have been satisfied; and request issuance of Final Order by March 8, 2023, the Parties shall provide a written status update to the Tribunal regarding the timing of expected confirmation and submission of same. In the event the Tribunal fails to receive the required status report, and/or in the even the contingent pre-requisites are not satisfied by March 8, 2023, or by such other deadline as the Tribunal may impose, the Tribunal may dismiss the appeal.

d) The Tribunal further orders that the appeal of the non-decision on the site plan application is adjourned, sine die, on consent.

31In relation to the Winzen Appeals (1304, 1306 and 1308 Wilson Avenue):

a) The Tribunal Orders that the appeals are allowed in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph 31(b) below and the drafts of the Official Plan Amendment and Zoning By-law Amendments appended to this Order as Attachments 4, 5 and 6, are hereby approved in principle.

b) The Tribunal will withhold the issuance of its Final Order contingent upon confirmation from the City Solicitor that the instruments are in a final form satisfactory to all Parties for the Tribunal to approve and that the following pre-requisite conditions have been satisfied:

i. the Owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Official Plan and Zoning By-law Amendment application as set out in their memorandum dated June 11, 2021, or as may be updated, in response to further submissions filed by the Owner, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

ii. the Owner has provided a revised Functional Servicing Report, Stormwater Management Report, Hydrogeological Report, Groundwater Report, Municipal Servicing Report and Grading Plan, and any other reports necessary in support of the development to the City to the satisfaction of, the Chief Engineer and Executive Director, Engineering and Construction Services to ensure the municipal water, sanitary and storm sewer systems can support the proposed development and to identify any required upgrades or improvements to existing municipal infrastructure;

iii. in the event the updated Functional Servicing Report, Groundwater Report, Stormwater Management Report, or Hydrogeological Report identify any required upgrades to existing municipal infrastructure to support the development, the Owner has entered into a financially secured agreement(s) with the City requiring the Owner to design, financially secure, construct and make operational prior to the issuance of any above grade building permit, any upgrades or required improvements, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

iv. the site plan application has been revised to address the location or orientation of bedroom windows as contained in City Council Item CC47.34 to the satisfaction of the Chief Planner and Executive Director, City Planning.

c) If the Parties do not submit final drafts of the instruments; provide confirmation that the contingent pre-requisites set out in paragraph 31(b) above have been satisfied; and request issuance of Final Order by March 8, 2023, the Parties shall provide a written status update to the Tribunal regarding the timing of expected confirmation and submission of same. In the event the Tribunal fails to receive the required status report, and/or in the even the contingent pre-requisites are not satisfied by March 8, 2023, or by such other deadline as the Tribunal may impose, the Tribunal may dismiss the appeal.

d) The Tribunal further orders that the appeal of the non-decision on the site plan application is adjourned, sine die, on consent.

32In relation to both the 8570442 Appeals (1326 and 1328 Wilson Avenue) and the Winzen Appeals (1304, 1306 and 1308 Wilson Avenue): The Tribunal may, as necessary, require the further attendance of the Parties by telephone conference call to determine additional timelines and due dates for the submission of the final form of the instruments, the satisfaction of contingent pre-requisites and the issuance of the Final Order for each matter.

33The Member will remain seized for the purposes of reviewing and approving the final drafts of the instruments and the issuance of the Final Order(s) in relation to both appeals and may be spoken to should any matter arise in connection with the implementation of this Order.

34It is so ordered.

“S. Braun”

S. BRAUN

MEMBER

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 1

CITY OF TORONTO

BY-LAW No. ###-2021

To adopt Amendment No. ### to the Official Plan for the City of Toronto respecting the lands known municipally as 1326 and 1328 Wilson Avenue, and Part of Sovereign Avenue.

WHEREAS authority is given to Council under the Planning Act, R.S.O. 1990, c. P. 13, as amended, to pass this By-law; and

WHEREAS Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto HEREBY ENACTS as follows:

1. The attached Amendment No. ### to the Official Plan is hereby adopted pursuant to the Planning Act, as amended.

ENACTED AND PASSED on , 2021.

FRANCES NUNZIATA, ULLI S.WATKISS,

Speaker City City Clerk

(Seal of the City)

AMENDMENT NO. ### TO THE OFFICIAL PLAN OF THE CITY OF TORONTO

1326, AND 1328 WILSON AVENUE, AND PART OF SOVEREIGN AVENUE

The Official Plan of the City of Toronto is amended as follows:

1. Chapter 7, Map 27, Site and Area Specific Policies, is amended to add the lands known municipally in 2021 as 1326 and 1328 Wilson Avenue, and Part of Sovereign Avenue, as Site and Area Specific Policy No. XX, as shown on the map below.

Key Plan

2. Chapter 7, Site and Area Specific Policies, of the City of Toronto Official Plan is hereby amended by adding Site and Area Specific Policy No. XX for the lands known municipally in 2021 as 1326 and 1328 Wilson Avenue, and Part of Sovereign Avenue, as follows:

##. 1326 and 1328 Wilson Avenue, and Part of Sovereign Avenue

a) For the purposes of this Amendment, the limit of Development shall be determined within the implementing Zoning By-law for the property and development may be set back less than 10-metres from the limit of development.

b) No buildings or structures shall be permitted beyond the limit of development. Notwithstanding the foregoing, grading activity and landscaping shall be permitted on the lands beyond the limit of development, subject to the approval of an application for Site Plan Approval by the City of Toronto.

c) Notwithstanding (a) and (b), all of the lands municipally known as 1326 and 1328 Wilson Avenue shall be used to calculate permissible density in the implementing Zoning By-law for the redevelopment of the property.

d) For the purposes of this Amendment, “development” means all building and structures, above and below grade, and any associated grading, landscaping, and other physical improvement.

ATTACHMENT 2

Authority: North York Community Council Item ##, as adopted by City of Toronto Council on , 20

CITY OF TORONTO

Bill No. ~

BY-LAW No. XXXX-2021

To amend Zoning By-law No. 569-2013, as amended, with respect to the lands municipally known in the year 2021 as, 1326 and 1328 Wilson Avenue

Whereas Council of the City of Toronto has the authority to pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, to pass this By-law; and

Whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act; and

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

The Council of the City of Toronto enacts:

1. The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.

2. The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law No. 569-2013, Chapter 800 Definitions.

3. Zoning By-law No. 569-2013, as amended, is further amended by adding the lands outlined by heavy black lines in Diagram 2 attached to this By-law to the Zoning By-law Map in Section 990.10, and applying the zone label for the lands subject to this By-law as RA (u65; d4.28)(x ##), as shown on Diagram 2 attached to this By-law.

4. Zoning By-law No. 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Policy Areas Overlay Map in Section 995.10.1, and applying the Policy Area 4 (PA4) label as shown on Diagram 3.

5. Zoning By-law No. 569 -2013, as amended, is further amended by adding the lands subject to this By-law to the Height Overlay Map in Section 995.20.1, and applying the following height and storey label to these lands: HT 40.0, ST 10, as shown on Diagram 4 attached to this By-law.

6. Zoning By-law No. 569 -2013, as amended, is further amended by adding the lands subject to this By-law to the Lot Coverage Overlay Map in Section 995.30.1, and applying the following label: 55%, as shown on Diagram 5 attached to his By-law.

7. Zoning By-law No. 569 -2013, as amended, is further amended by adding the lands outlined by heavy black lines in Diagram 6 attached to this By-law to the Rooming House Overlay Map in Section 995.40.1, with no label.

8. Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.7.10 Exception Number [###] so that it reads:

(##) Exception RA [####]

The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.

Definitions: None

Site Specific Provisions:

(A) On 1326-1328 Wilson Avenue Avenue, if the requirements of by-law [Clerks to supply by-law ##] are complied with, a building or structure or enlargement may be constructed or used in compliance with (B) to (#)

(B) Despite Regulations 15.10.20.10 and 15.10.20.20, the following uses may be permitted within the RA(###) Zone if they comply with the specific conditions associated with the reference number for each use in Regulation (C) below:

(A) Medical Office (1)

(B) Office (1)

(C) Personal Service Shop (2)

(D) Retail Store (2)

(C) Specific Use Conditions:

1. In the RA(###) Zone, Office or Medical Office uses shall only be permitted to be located on the second, third, or fourth storey to a maximum combined gross floor area of 3,650 square metres.

2. In the RA(###) Zone, Personal Service Shops or Retail Stores shall only be permitted to be located at grade level, with a maximum gross floor area of 175 square meters.

(D) The maximum gross floor area shall be 9,750 square meters.

(E) Despite regulation 15.5.40.10(1), the height of a building, or structure is the distance between the Canadian Geodetic Datum elevation of 154.26 metres and highest point of the building or structure.

(F) Despite regulations 15.10.40.10 the permitted maximum height of the building or structure, must not exceed the height in metres specified by the numbers following “HT”, and the height in storeys above established grade specified by the numbers following “ST” as shown on Diagram 7 of By-law XXX-2021.

(G) For the purposes of this By-law, a mechanical penthouse containing equipment used for the functional operation of the building and elevator shafts or overruns shall not be considered a storey.

(H) Despite Regulation 15.5.40.10(3), equipment and structures on the roof of a building may exceed the permitted maximum height for that building by 6.0 metres subject to complying with regulation 15.5.40.10(4).

(I) Regulation 15.5.40.60(3)(A) shall not apply.

(J) Despite Regulations 15.5.40.60, 15.10.40.70 and 15.10.40.80(3), the portions of a building or structure above ground must be located within the area delineated by heavy black lines on Diagram 7 attached to By-law YYY-2020 (Clerk’s to supply By-law ##), except the following:

A. Ornamental cladding, which may encroach into the minimum building setbacks on the lot to a maximum of 0.4 metres, or to a lot line;

B. Eaves, cornices, roof overhangs, lighting fixtures, pilasters, chimney breasts, bay windows, window sills and other minor architectural projections, all of which are permitted to project into the minimum building setbacks on the lot to a maximum of 0.5 metres, or to a lot line;

C. Balconies, awnings and canopies, all of which may encroach into the minimum building setbacks on the lot a point not less than 0.5 metres from a front lot line;

D. At-grade decks, patios, and terraces, which may encroach into the minimum building setbacks on the lot a point not less than 0.3 metres from a lot line;

E. Pergolas, trellises, exterior stairways, wheelchair ramps, stair enclosures, guardrails, balustrades, safety railings, bollards, fences, landscape elements, retaining walls, all of which may encroach into the minimum building setbacks on the lot, and may project vertically above finished ground level by no more than 3.5 metres;

F. Transformers, which may encroach into the minimum building setbacks on the lot and may project vertically above the finished ground level by no more than 2.3 metres; and

G. Structures used for the ventilation of an underground parking facility, which may encroach into the minimum building setbacks on the lot and may project vertically above the finished ground level by no more than 1.5 metres;

(K) Despite Regulation 15.5.50.10(1)(A), a minimum of 40% of the area of the lot shall be used for landscaping.

(L) Despite the parking requirements outlined in Table 200.5.10.1, parking spaces must be provided and maintained as follows:

Dwelling Unit

0.75 spaces per dwelling unit

(M) The vertical clearance of a parking space reserved for residential use may be obstructed by facilities or structures intended to be used for a suspended bicycle parking space for the exclusive use of the owner of the parking space.

(N) Despite Regulation 200.5.10.1, a minimum of one Type ‘G’ Loading Space is required.

(O) 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.

(P) Within the lands, not person shall use any land or erect or use any building or structure unless he following municipal services are provided to the lot line and the following provisions are complied with:

A. all new public roads have been constructed to a minimum of base curb and base asphalt and are connected to an existing public highway; and

B. all water mains and sanitary sewers, and appropriate appurtenances, have been installed and are operational.

Prevailing By-laws and Prevailing Sections: (None Apply)

Enacted and passed on month ##, 20##

Name, Ulli S. Watkiss,

Speaker City Clerk

(Seal of City)

ATTACHMENT 3

Authority: North York Community Council Item ##, as adopted by City of Toronto Council on ~, 202#

THE CITY OF TORONTO

BY-LAW NO. ZZZ-2021

To amend Zoning By-law No. 7625, as amended, with respect to lands municipally known as 1326 and 1328 Wilson Avenue.

WHEREAS authority is given to Council of the City of Toronto by Section 34 of the Planning Act, R.S.O. 1990 c. P.13, as amended, to pass this By-law; and

WHEREAS Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto HEREBY ENACTS as follows:

1. Schedules “B” and “C” of By-law No. 7625, as amended, are hereby further amended in accordance with Diagram ‘1’ attached hereto.

2. Section 64.20 of By-law No. 7625 of the former City of North York is further amended by adding the following subsection:

64.26(##) C4(##)

For the purposes of this Exception, the following definitions shall apply to the lands shown in heavy outline on Diagram ‘1’ attached hereto;

DEFINITIONS

AMENITY SPACE

Means indoor or outdoor space on a lot that is communal and available for use by the occupants of a building on the lot for recreational or social activities.

ESTABLISHED GRADE

For the purposes of this exception, “established grade” shall mean a geodetic elevation of 154.26 metres above sea level.

GROSS FLOOR AREA

Means the sum of the total area of each floor level of a building, above and below the ground, measured from the exterior of the main wall of each floor level, which may be reduced by the area of the building used for parking, loading and bicycle parking below established grade, required loading spaces and required bicycle parking spaces at or above established grade, storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms in the basement; shower and change facilities required by any City of Toronto By-law for required bicycle parking spaces, indoor amenity space required by any City of Toronto By-law By-law, elevator shafts, garbage shafts, mechanical penthouse, and exit stairwells in the building.

EXCEPTION REGULATIONS

a) The maximum gross floor area shall be 9,750 square metres.

b) The maximum number of dwelling units shall be 65.

c) The maximum lot coverage shall be 55 percent of the lot area.

d) The minimum yard setbacks for all buildings and structures shall be as shown on Schedule 2 to this By-law.

e) No portion of any building or structure shall be located outside of the building envelope identified on Diagram ‘2’, with the exception of:

i. Ornamental cladding, which may encroach into the minimum building setbacks on the lot to a maximum of 0.4 metres, or to a lot line;

ii. Eaves, cornices, roof overhangs, lighting fixtures, pilasters, chimney breasts, bay windows, window sills and other minor architectural projections, all of which are permitted to project into the minimum building setbacks on the lot to a maximum of 0.5 metres, or to a lot line;

iii. Balconies, awnings and canopies, all of which may encroach into the minimum building setbacks on the lot a point not less than 0.5 metres from a lot line;

iv. At-grade decks, patios, and terraces, which may encroach into the minimum building setbacks on the lot a point not less than 0.3 metres from a lot line;

v. Pergolas, trellises, exterior stairways, wheelchair ramps, stair enclosures, guardrails, balustrades, safety railings, bollards, fences, landscape elements, retaining walls, all of which may encroach into the minimum building setbacks on the lot, and may project vertically above finished ground level by no more than 3.5 metres;

vi. Transformers, which may encroach into the minimum building setbacks on the lot and may project vertically above the finished ground level by no more than 2.3 metres; and

vii. Structures used for the ventilation of an underground parking facility, which may encroach into the minimum building setbacks on the lot and may project vertically above the finished ground level by no more than 1.5 metres;

f) The equivalent of a minimum of 2 square metres of indoor amenity space and 2 square metres of outdoor amenity space per dwelling unit shall be provided on the property.

g) The permitted maximum height of the building or structure, must not exceed the height in metres specified by the numbers following “HT”, and the height in storeys above established grade specified by the numbers following “ST” as shown on Diagram ‘2’.

h) Notwithstanding (G) above, the following equipment or structures on the roof of a building may exceed the permitted maximum height for that portion of the rooftop on which it is situated by a maximum of 6.0 metres:

i. Stairwells to access the roof and stair enclosures;

ii. Rooftop mechanical equipment such as, but not limited to, heating or cooling towers/heating or cooling tower stacks;

iii. Window washing equipment;

iv. Chimney stacks;

v. Makeup air units;

vi. Emergency generator;

vii. Garbage chute or elevator overruns

viii. Parapets;

ix. Lightning rods;

x. Exhaust stacks;

xi. Lighting fixtures

xii. Ornamental elements

xiii. Trellises, landscape elements and elements of a green roof;

xiv. Partitions dividing outdoor recreation areas

xv. Wind mitigation features;

xvi. Railings or guardrails; and

xvii. Fences, walls or structures enclosing any of the foregoing.

i) For the purposes of this By-law, a mechanical penthouse containing equipment used for the functional operation of the building and elevator shafts or overruns shall not be considered a storey.

j) Parking shall be provided in accordance with the following rates:

Dwelling Unit

0.75 spaces per dwelling unit

Residential Visitor

0.15 spaces per dwelling unit

Non-Residential

1.5 spaces per 100 square metres of gross floor area

k) The vertical clearance of a parking space reserved for residential use may be obstructed by facilities or structures intended to be used for a suspended bicycle parking space for the exclusive use of the owner of the parking space.

l) The provisions of this exception shall apply collectively to the lands zoned C4(##), notwithstanding any future severance, partition or division for any purpose.

EXCLUSIONS

m) Sections 6(9)(a), 6(9)(b), 6(9)(c), 6(9)(d), 6(9)(f), 6(9)(h), 6(9)(l), 6A(2), 6A(3)(b), 6A(6)(g), 6A(16)(d)(iv), 22.10, 26 (3), 26(4), 26(5), 26(6), 26(7)(a), 26(7)(b) and 15.8 shall not apply.

3. Section 64.26 of By-law 7625 of the former City of North York is amended by adding Diagram ‘2’, attached to this By-law.

4. Except as provided herein, By-law 7625 of the former City of North York shall continue to apply.

5. Within the lands shown on Diagram ‘1’ attached to this By-law, no person shall use any land or use any building or structure unless the following municipal services are provided to the lot line and the following provisions are complied with:

(A) All new public roads have been constructed to a minimum of base curb and base asphalt and are connected to an existing public highway; and

(B) All water mains and sanitary sewers, and appropriate appurtenances, have been installed and are operational.

Enacted and passed on , 202#

Speaker City Clerk

(Seal of the City)

ATTACHMENT 4

CITY OF TORONTO

BY-LAW No. ###-2021

To adopt Amendment No. ### to the Official Plan for the City of Toronto respecting the lands known municipally as 1304, 1306, and 1308 Wilson Avenue.

WHEREAS authority is given to Council under the Planning Act, R.S.O. 1990, c. P. 13, as amended, to pass this By-law; and

WHEREAS Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto HEREBY ENACTS as follows:

1. The attached Amendment No. ### to the Official Plan is hereby adopted pursuant to the Planning Act, as amended.

ENACTED AND PASSED on , 2021.

FRANCES NUNZIATA, ULLI S.WATKISS,

Speaker City City Clerk

(Seal of the City)

AMENDMENT NO. ### TO THE OFFICIAL PLAN OF THE CITY OF TORONTO

1304, 1306, AND 1308 WILSON AVENUE

The Official Plan of the City of Toronto is amended as follows:

1. Chapter 7, Map 27, Site and Area Specific Policies, is amended to add the lands known municipally in 2020 as 1304, 1306, and 1308 Wilson Avenue, as Site and Area Specific Policy No. XX, as shown on the map below.

Key Plan

2. Chapter 7, Site and Area Specific Policies, of the City of Toronto Official Plan is hereby amended by adding Site and Area Specific Policy No. XX for the lands known municipally in 2018 as 1304, 1306, and 1308 Wilson Avenue, as follows:

##. 1304, 1306, and 1308 Wilson Avenue

a) For the purposes of this Amendment, the limit of the Natural Feature shall be the limit of the calculated 100-year floodline plus 0.3m freeboard limit, which shall be reflected in the implementing Zoning By-law for the property.

b) A Building is permitted to be set back from the limit of a Natural Feature by a minimum of 2.2 metres. Notwithstanding the foregoing, grading activity, servicing infrastructure, landscaping, and retaining walls shall be permitted on the lands subject to the approval of a Site Plan Control Application by the City of Toronto.

c) All lands located within the properties known municipally as 1304, 1306, and 1308 Wilson Avenue shall be used to calculate permissible density in the Zoning By-law.

ATTACHMENT 5

Authority: North York Community Council Item ##, as adopted by City of Toronto Council on ~, 202#

THE CITY OF TORONTO

BY-LAW NO. YYY-2021

To amend Zoning By-law No. 569-2013, as amended, with respect to lands municipally known as 1304, 1306 and 1308 Wilson Avenue.

Whereas Council of the City of Toronto has the authority pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, to pass this By-law; and

Whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act; and

The Council of the City of Toronto enacts:

1. The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.

2. The words highlighted in bold type in the By-law have the meaning provided in Zoning By-law 569-2013, Chapter 800 Definitions.

3. Zoning By-law No. 569-2013, as amended, is further amended by adding the lands outlined by heavy black lines in Diagram 2 attached to this By-law to the Zoning By-law Map in Section 990.10, and amending the zone label for the lands subject to this By-law to: RA (x###), as shown on Diagram 2 attached to this By-law.

4. Zoning By-law No. 569-2013, as amended, is further amended by adding the lands outlined by heavy black lines in Diagram 4 attached to this By-law to the Policy Areas Overlay Map in Section 995.10.1, with no label.

5. Zoning By-law No. 569 -2013, as amended, is further amended by adding the lands subject to this By-law to the Height Overlay Map in Section 995.20.1, and applying the following height and storey label to these lands: ST 11, as shown on Diagram 5 attached to this Bylaw; and

6. Zoning By-law No. 569 -2013, as amended, is further amended by adding the lands subject to this By-law to the Lot Coverage Overlay Map in Section 995.30.1, and amending the label for the lands subject to this By-law to ‘70%’, as shown on Diagram 6 attached to this By-law; and

7. Zoning By-law No. 569 -2013, as amended, is further amended by adding the lands subject to this By-law to the Rooming House Overlay Map in Section 995.40.1, with no label.

8. Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.7.10(###), so that it reads:

Exception RA (###)

The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.

DEFINITIONS:

Type G Loading Space means a loading space that is a minimum of 4.0 metres wide, 12.0 metres long and has a minimum vertical clearance of 6.1 metres.

Site Specific Provisions

(A) A maximum of 90 apartment dwelling units are permitted;

(B) Notwithstanding the provisions of Section 15.10.40.10, the maximum permitted height of the building or structure must not exceed the height in metres specified by the numbers following “HT”, and the height in storeys above ground level specified by the number following “ST” as shown on Diagram 3 of By-law [Clerks to Insert]-2021

(C) The height of the building is the difference between the Canadian Geodetic Datum of 157.10 and the elevation of the highest point of the building;

(D) Despite regulation 15.10.40.70, the required minimum building setbacks are shown in metres on Diagram 3 of By-law [Clerks to Insert]-2021

(E) Despite (B) above, no portion of any building or structure on the lands is to have a height greater than the height in metres as shown on Diagram 3 of By-law [Clerks to Insert]-2021, excluding:

i) Mechanical penthouses, elevator overruns, window washing equipment, stairs, stair enclosures, and heating, cooling or ventilating equipment or a fence, wall or structure enclosing such elements, and portions of the building that are used as residential amenity space all of which are permitted to exceed the height by a maximum of 5.5 metres;

ii) Ornamental elements, parapets, guardrails, safety railings, vents, stacks, fences, wind or privacy screens, flues, access roof hatch, trellises, outdoor furniture and chimneys, all of which are permitted to exceed the height by a maximum of 2.5 metres; and

iii) Landscape elements (including green roofs), terraces, thermal insulation and roof ballast and skylights, all of which are permitted to exceed the height by a maximum of 0.6 metres;

iv) Structures used for the ventilation of an underground parking facility may project vertically above the finished ground level a maximum of 1.2 metres if integrated with a landscape feature;

(F) Despite (D) above, no portion of any building or structure erected or used above grade shall be located outside the building footprint area delineated on Diagram 3 of By-law [Clerks to Insert]-2021, excluding:

i) Ornamental cladding, which may encroach into the minimum building setbacks on the lot to a maximum of 0.2 metres;

ii) Eaves, cornices, roof overhangs, lighting fixtures, pilasters, chimney breasts, bay windows, window sills and other minor architectural projections, all of which are permitted to project into the minimum building setbacks on the lot to a maximum of 0.5 metres;

iii) Balconies, awnings and canopies, all of which may encroach into the minimum building setbacks on the lot a point not less than 0.3 metres from the streetline;

iv) Decks and terraces at-grade, which may encroach into the minimum building setbacks on the lot a maximum of 6.0 metres;

v) Pergolas, trellises, exterior stairways, wheelchair ramps, stair enclosures, guardrails, balustrades, safety railings, bollards, fences, landscape elements, retaining walls, all of which may encroach into the minimum building setbacks on the lot, and may project vertically above finished ground level by no more than 3.5 metres; and

vi) Transformers, which may encroach into the minimum building setbacks on the lot and may project vertically above the finished ground level by no more than 2.3 metres;

vii) Structures used for the ventilation of an underground parking facility, which may encroach into the minimum building setbacks on the lot; and

viii)Retaining walls, which may encroach into the minimum building setbacks on the lot;

(G) The maximum gross floor area shall be 7,750 square metres;

(H) Despite the provisions of Table 200.5.10.1, off-street parking shall be provided in accordance with the following table:

Apartment Dwelling

0.65 spaces per dwelling unit

Visitor

0.12 spaces per dwelling unit

(I) The vertical clearance of a parking space may be obstructed by such facilities intended to be used for a suspended bicycle parking space;

(J) A minimum of 1 Type G loading space shall be required;

(K) Despite regulation 15.5.50.10.(1):

i) A minimum of 35% of the lot shall be used for landscaping; and

ii) A minimum of 50% of the landscaping area required in (i) above shall must be soft landscaping;

Prevailing By-laws and Prevailing Sections: (None Apply)

Enacted and passed on , 2020

Speaker City Clerk

(Seal of the City)

ATTACHMENT 6

Authority: North York Community Council Item ##, as adopted by City of Toronto Council on ~, 202#

THE CITY OF TORONTO

BY-LAW NO. ZZZ-2021

To amend Zoning By-law No. 7625, as amended, with respect to lands municipally known as 1304, 1306 and 1308 Wilson Avenue.

Whereas authority is given to Council of the City of Toronto has the authority pursuant to Section 34 of the Planning Act, R.S.O. 1990 c. P.13, as amended, to pass this By-law; and

Whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto HEREBY ENACTS as follows:

1. Schedules “B” and “C” of By-law No. 7625, as amended, are hereby further amended in accordance with Schedule 1 attached hereto.

2. Section 64.20 of By-law No. 7625 of the former City of North York is further amended by adding the following subsection:

64.20-A(##) RM6(##)

For the purposes of this Exception, the following definitions shall apply to the lands shown in heavy outline on Schedule ‘1’ attached hereto;

DEFINITIONS

AMENITY SPACE

Means indoor or outdoor space on a lot that is communal and available for use by the occupants of a building on the lot for recreational or social activities.

ESTABLISHED GRADE

For the purposes of this exception, “established grade” shall mean a geodetic elevation of 157.15 metres above sea level.

GROSS FLOOR AREA

Means the sum of the total area of each floor level of a building, above and below the ground, measured from the exterior of the main wall of each floor level, which may be reduced by the area of the building used for parking, loading and bicycle parking, required loading spaces and required bicycle parking spaces, storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms in the basement; indoor amenity space required by this By-law; elevator shafts; garbage shafts; mechanical penthouse; and exit stairwells in the building.

EXCEPTION REGULATIONS

a) The maximum lot coverage shall be seventy (70) percent.

b) The minimum yard setbacks for all buildings and structures shall be as shown on Schedule 2 to this By-law.

c) The maximum gross floor area shall be 7,750 square metres.

d) The equivalent of a minimum of 2 square metres of indoor amenity space and 2 square metres of outdoor amenity space per dwelling unit shall be provided on the property.

e) Parking shall be provided in accordance with the following table:

Apartment Dwelling

0.65 spaces per dwelling unit

Visitor

0.12 spaces per dwelling unit

f) No portion of any building or structure on the lands is to have a height greater than the height in metres above established grade specified by the numbers following “HT”, and the height in storeys above established grade specified by the numbers following “ST” as shown on Schedule 2 of By-law [Clerks to Insert]-2021, excluding:

i. Mechanical penthouses, elevator overruns, window washing equipment, stairs, stair enclosures, and heating, cooling or ventilating equipment or a fence, wall or structure enclosing such elements, and portions of the building on the roof that are used as residential amenity space all of which are permitted to exceed the height by a maximum of 5.5 metres;

ii. Ornamental elements, parapets, guardrails, safety railings, vents, stacks, fences, wind or privacy screens, flues, access roof hatch, trellises, outdoor furniture and chimneys, all of which are permitted to exceed the height by a maximum of 2.5 metres; and

iii. Landscape elements (including green roofs), terraces, thermal insulation and roof ballast and skylights, all of which are permitted to exceed the height by a maximum of 0.6 metres;

iv. Structures used for the ventilation of an underground parking facility may project vertically above the finished ground level a maximum of 1.2 metres if integrated with a landscape feature;

g) No portion of any building or structure erected or used above grade shall be located outside the building footprint area delineated on Schedule 2 of By-law [Clerks to Insert]-2021, exluding:

i) Ornamental cladding, which may encroach into the minimum building setbacks on the lot to a maximum of 0.2 metres;

ii) Eaves, cornices, roof overhangs, lighting fixtures, pilasters, chimney breasts, bay windows, window sills and other minor architectural projections, all of which are permitted to project into the minimum building setbacks on the lot to a maximum of 0.5 metres;

iii) Balconies, awnings and canopies, all of which may encroach into the minimum building setbacks on the lot a point not less than 0.3 metres from the streetline;

iv) Decks and terraces at-grade, which may encroach into the minimum building setbacks on the lot a maximum of 6.0 metres;

v) Pergolas, trellises, exterior stairways, wheelchair ramps, stair enclosures, guardrails, balustrades, safety railings, bollards, fences, landscape elements, retaining walls, all of which may encroach into the minimum building setbacks on the lot, and may project vertically above finished ground level by no more than 3.5 metres; and

vi) Transformers, which may encroach into the minimum building setbacks on the lot and may project vertically above the finished ground level by no more than 2.3 metres;

vii) Structures used for the ventilation of an underground parking facility, which may encroach into the minimum building setbacks on the lot; and

viii)Retaining walls, which may encroach into the minimum building setbacks on the lot;

EXCLUSIONS

h) Sections 6(9)(a), 6(9)(b), 6(9)(c), 6(9)(d), 6(9)(f), 6(9)(h), 6(9)(c), 6(9)(l), 6A(2), 6A(16)(d)(iv), 15.6, and 15.8 shall not apply.

3. Section 64.20-A of By-law 7625 of the former City of North York is amended by adding Schedule 2, attached to this By-law.

4. Except as provided herein, By-law 7625 of the former City of North York shall continue to apply.

5. Despite any existing or future severance, partition or division of the lot, the provisions of this By-law shall apply to the whole lot as if no severance, partition or division occurred.

Enacted and passed on , 201#

Speaker City Clerk

(Seal of the City)

Footnotes

1. 1R.S.O 1990, c. P. 13, as amended.
2. 2Relative to the 8570442 development.