Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 31, 2023
CASE NO.: OLT-22-003095
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 40-44-48 Hendon Inc. and 42-46 Hendon Inc.
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation: Mixed Use Area H
Proposed Designated: The Official Plan Amendment proposes to amend the density and height permissions of the North York Centre Secondary Plan
Purpose: To permit a 4-storey multi-unit residential building
Property Address/Description: 40, 42, 44, 46 and 48 Hendon Avenue
Municipality: City of Toronto
Approval Authority File No.: 19 264461 NNY 18 OZ
OLT Case No.: OLT-22-003095
OLT File No.: OLT-22-003095
OMB Case No.: PL200269
OLT Case Name: 40-44-48 Hendon Inc. and 42-46 Hendon Inc. v Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 40-44-48 Hendon Inc. and 42-46 Hendon Inc.
Subject: Application to amend Zoning By-law No. 7625 Refusal or neglect of City of Toronto to make a decision
Existing Zoning: One-Family Detached Dwelling Sixth Density Zone (R6)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 4-storey multi-unit residential building
Property Address/Description: 40, 42, 44, 46 and 48 Hendon Avenue
Municipality: City of Toronto
Municipality File No.: 19 264461 NNY 18 OZ
OLT Case No.: OLT-22-003095
OLT File No.: PL200270
BEFORE:
M. A. SILLS, VICE-CHAIR
On this 31st day of October, 2023
THIS MATTER, in respect of the lands at 40, 42, 44, 46 and 48 Hendon Avenue (collectively, the “Subject Property”), having been heard at a public hearing on September 8, 2021, and the Ontario Land Tribunal (the “Tribunal”) having issued its interim decision on November 9, 2021 (the “Decision”) that the appeal under subsections 22(7) and 34(11) of the Planning Act (the “Appeals”) in Tribunal Case No. OLT-22-003095 should be allowed in part, and approving the proposed zoning by-law and official plan amendment in principle;
AND THE TRIBUNAL having received submissions from the parties that the final Order be withheld until such time as the City Solicitor advises that certain pre-conditions in the Decision have been satisfied in respect of the Subject Property;
AND THE TRIBUNAL having been advised by the parties that the pre-conditions have been satisfied to the satisfaction of the City of Toronto;
THE TRIBUNAL ORDERS THAT: the Appeals are allowed in part, and:
The Official Plan for the City of Toronto is amended in accordance with the official plan amendment attached to this Order as Schedule 1.
Zoning By-law 7625, as amended, is amended in accordance with the zoning by-law amendment attached to this Order as Schedule 2.
The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to the attached by-laws for record keeping purposes.
“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
Authority: Local Planning Appeal Tribunal Decision issued on November 9, 2021 and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-22-003095 (formerly PL200269)
CITY OF TORONTO
BY-LAW -2023 (OLT)
To adopt an amendment to the Official Plan for the City of Toronto respecting the lands known municipally in the year 2021, as 40, 42, 44, 46 and 48 Hendon Avenue.
Whereas authority is given to the Ontario Land Tribunal under the Planning Act, R.S.O. 1990, c.P. 13, as amended, to approve this By-law; and
Whereas the Ontario Land Tribunal has held a hearing in accordance with the Planning Act;
The Official Plan of the City of Toronto, as amended, is further amended by the Ontario Land Tribunal as follows:
- The attached Amendment 631 to the Official Plan is hereby adopted as an amendment to the Official Plan of the City of Toronto.
Local Planning Appeal Tribunal Decision issued on November 9, 2021 and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-22-003095 (formerly PL200269).
AMENDMENT 631 TO THE OFFICIAL PLAN
LANDS MUNICIPALLY KNOWN IN THE YEAR 2021 AS 40, 42, 44, 46 and 48 HENDON AVENUE
The Official Plan of the City of Toronto is amended as follows:
A) Chapter 6, Section 8, North York Centre Secondary Plan, is amended by modifying Section 13, North York Centre North Site Specific Policies, by adding Site Specific Policy 23 for the lands municipally known in the year 2021 as 40, 42, 44, 46 and 48 Hendon Avenue, as follows:
'23. 40, 42, 44, 46 and 48 Hendon Avenue
a) A residential apartment building is permitted with a maximum height of 4 storeys and 14 metres, and a maximum density of 1.51 times the lot area.
b) Notwithstanding the policies in Section 3, Density, of this Secondary Plan, the density shall be calculated based on the gross site area of 2316.5 square metres.
B) Chapter 6, Section 8, North York Centre Secondary Plan, Map 8-11, North York Centre North Service Road, is amended for the lands known municipally in 2021 as 40, 42, 44, 46 and 48 Hendon Avenue by removing the cul-de-sac configuration.
C) Chapter 6, Section 8, North York Centre Secondary Plan, Map 8-13, North York Centre North Site Specific policies, is amended for the lands known municipally in 2021 as 40, 42, 44, 46 and 48 Hendon Avenue by including the lands as a Site Specific Policy Area and adding the label "23".
Authority: Local Planning Appeal Tribunal Decision issued on November 9, 2021 and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-22-003095 (formerly PL200269)
CITY OF TORONTO
BY-LAW -2023 (OLT)
To amend the former City of North York Zoning By-law 7625, as amended with respect to lands municipally known in the year 2021 as 40, 42, 44, 46, and 48 Hendon Avenue.
Whereas the Local Planning Appeal Tribunal in its Decision issued on November 9, 2021, in file OLT-22-003095 (formerly PL200269), in hearing an appeal under section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, ordered the amendment of the Former City of North York Zoning By-law 7625, as amended with respect to the lands municipally known in the year 2021 as 40, 42, 44, 46, and 48 Hendon Avenue;
The Ontario Land Tribunal Orders:
Schedules "B" and "C" of By-law 7625 of the former City of North York are amended in accordance with Schedule 1 attached to this By-law.
Schedule "C" of By-law 7625 of the former City of North York is amended in accordance with Schedule RM(295) attached to this By-law by zoning the lands RM6(295).
Section 64.20-A of By-law 7625 of the former City of North York is amended by adding the following subsection:
64.20-A.(295) RM6(295)
DEFINITIONS
(a) For the purpose of this exception, "gross floor area"shall mean the aggregate of the areas of each floor, measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, including any areas used as balconies, but excluding:
(i) Any part of the building used for mechanical floor area;
(ii) Any space in a parking garage at or below grade used exclusively for motor vehicle or bicycle parking or access thereto; and
(iii) The floor area of unenclosed residential balconies.
(b) The calculation of gross floor area may exclude:
(i) Architectural features affixed to or extending beyond the exterior faces of exterior walls;
(ii) Floor slab openings and other voids, including pipe space enclosures throughout, including within residential units;
(iii) Mechanical areas within residential units, including HVAC spaces;
(iv) Stormwater storage tanks;
(v) Parking ramps and aisles to or within a parking garage;
(vi) Bicycle rooms contained within a parking garage;
(vii) Accessory uses to parking areas within a parking garage including airlock rooms adjacent to elevators or exits;
(viii) Exit stairs that lead directly from a parking garage to the exterior of the building without serving any other areas;
(ix) Curbs adjacent to parking areas;
(x) Supporting columns, walls or other like structures in a parking garage;
(xi) Pedestrian walkways within a parking garage; motor vehicle loading spaces, access hereto and adjacent bin staging areas;
(xii) Empty areas adjacent to parking spaces between columns, in corners and around curves or provided to facilitate vehicular turnaround; and
(xiii) Other spaces in a parking garage not accessible and/or usable due to structural design.
(c) The calculation of "gross floor area" shall include:
(i) General storage spaces of any kind, including lockers and rooms;
(ii) Bicycle rooms not contained within a parking garage;
(iii) Vestibules other than airlock rooms;
(iv) Garbage and recycling rooms; stairs, landings and hallways other than those that lead directly from a parking garage to the exterior of the building without serving any other areas; amenity spaces; elevator lobbies; and
(v) The floor areas of elevator cabs.
(d) For the purpose of this exception, "Established Grade" shall mean the Canadian Geodetic Datum elevation of 193.45 metres.
(e) "Lands" shall mean the lands zoned One-Family Detached Dwelling Sixth Density Zone – RM6 – 295 on Schedule 1 attached to this By-law.
PERMITTED USES
(f) Notwithstanding section 14-A(2), on the lands identified on Schedule 1 attached to this By-law, the following uses shall be permitted:
(i) One residential stacked townhouse building separated into two blocks; and
(ii) Temporary sales office.
EXCEPTION REGULATIONS
YARD SETBACKS AND BUILDING PROVISIONS
(g) Notwithstanding section 14-A(5)(a), the minimum front yard setback shall be 4.28 metres.
(h) Notwithstanding section 14-A(5)(b), the minimum rear yard setback shall be 5.89 metres.
(i) Notwithstanding section 14-A(5)(c), the minimum side yard setback shall be 0.30 metres.
LOT COVERAGE
(j) Notwithstanding section 14-A(6), the maximum permitted lot coverage shall be 68 percent.
BUILDING HEIGHT
(k) Notwithstanding section 14-A(8), the maximum building height for a building is 14.0 metres and 4-storeys.
(l) A stair enclosure used solely to house mechanical equipment and to access a rooftop amenity space shall not be included in the calculation of building height or number of storeys and may exceed the building height to a maximum of 3 metres.
(m) Except as provided herein, Section 2.10 (Building Height) shall continue to apply.
DENSITY
(n) The maximum density permitted on the lands shall be 1.51 times the area of the lot.
LENGTH OF DWELLING
(o) The provisions of section 14-A(9) on the length of the dwelling, do not apply.
OVERVIEW
(p) The provisions of section 14-A(10) on overview, do not apply.
ENCROACHMENTS
(q) Exterior stairways, porches, terraces and canopies shall be permitted to project into the minimum front yard, rear yard and side yard setbacks to a maximum of 1.5 metres.
MAXIMUM GROSS FLOOR AREA
(r) The maximum gross floor area permitted shall not exceed 3,500 square metres.
NUMBER OF DWELLING UNITS
(s) A maximum number of 30 dwelling units shall be permitted.
PARKING
(t) The minimum number of parking spaces provided shall be 34, including 3 visitor parking spaces.
BICYCLE PARKING
(u) Bicycle parking space for residential uses within the site shall be provided in accordance with the following minimum requirements:
(i) Long-term bicycle parking 0.93 spaces per dwelling unit; and
(ii) Short-term bicycle parking 0.067 spaces per dwelling unit.
(v) Long-term bicycle parking space shall be provided within a secure room, within the underground garage, not less than 72.5 square metres.
INDOOR AMENITY SPACE
(w) The minimum indoor amenity space shall be 45 square metres.
(x) The minimum outdoor amenity space provided shall be 40 square metres.
LAND DIVISION
(y) Notwithstanding any severance, or division of the lands subject to this exception, the regulations of this exception shall continue to apply to the whole of the lands as if no severance, partition or division occurred.
- Within the lands shown on Schedule RM6(295) attached to this By-law, no person shall use any land or erect or use any building or structure (excluding a temporary rental and/or sales office) 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.
Local Planning Appeal Tribunal Decision issued on November 9, 2021 and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-22-003095 (formerly PL200269)
Schedule 1
Schedule RM6(295)