Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 9, 2023
CASE NO.: OLT-22-002383 (Formerly PL210208)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Artlife Developments
Subject: Application to amend Comprehensive Zoning By-law 569-2013 and Cliffcrest Community Zoning By-law 9396- Refusal of Application by the City of Toronto
Existing Zoning: Highway Commercial (HC) Zone
Proposed Zoning: Apartment
Purpose: To permit a 10-storey mixed-use building.
Property Address/Description: 2872, 2880 & 2882 Kingston Road
Municipality: City of Toronto
Municipality File No.: 18 255259 ESC 36 OZ
OLT Case No.: OLT-22-002383
Legacy Case No. PL210208
OLT File No.: OLT-22-002383
OLT Case Name: Artlife Developments v. Toronto (City)
BEFORE:
D. ARNOLD MEMBER
Monday, the 9th day of January, 2023
THIS MATTER having come on for a settlement hearing via video hearing on June 28, 2022 and telephone conference on August 9, 2022;
AND THE TRIBUNAL having received the planning evidence of Michael Goldberg provided by an Affidavit affirmed on June 17, 2022;
AND THE TRIBUNAL, having been satisfied upon the evidence and made its findings, issued an approval in principle of the Zoning By-law Amendments in its Decision dated September 12, 2022 subject to the preconditions to the issuance of a Final Order requested by the City of Toronto and consented to by the Appellant;
AND THE TRIBUNAL now being advised by the Appellant and the City Solicitor that the prerequisite matters have now been satisfied and the proposed Zoning By-law Amendments to City of Toronto Zoning By-law 569-2013 are in a form satisfactory to the City of Toronto;
AND THE TRIBUNAL now being advised by the Appellant and the City Solicitor that are jointly requesting the issuance of the Tribunal’s Final Order in respect of the Zoning By-law Amendments;
AND THE TRIBUNAL having received, considered, and determined the request for the Final Order in respect of the Zoning By-law Amendments on December 21, 2022;
THE TRIBUNAL THEREFORE ORDERS that City of Toronto Zoning By-law No. 569-2013 is amended in accordance with Attachment 1 to this Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to these instruments 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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ATTACHMENT 1
Authority: Ontario Land Tribunal Decision issued on September 12, 2022 and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-22-002383 (PL210208)
CITY OF TORONTO
BY-LAW [clerks to insert By-law number]-[Clerks to enter year]
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 2872-2882 Kingston Road.
Whereas the Ontario Land Tribunal, in its Decision issued on September 12, 2022 and its Order issued on [date], in file OLT-22-002383 (PL210208), in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, ordered the amendment of Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 2872-2882 Kingston Road; and
Whereas pursuant to Section 36 of the Planning Act, as amended, a by-law passed under Section 34 of the Planning Act, may use a holding symbol "(H)" in conjunction with any use designation to specify the use that lands, buildings or structures may be put once council removes the holding symbol "(H)" by amendment to the by-law; and
Whereas the Official Plan for the City of Toronto contains provisions relating to the use of the holding symbol "(H)"; 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;
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 subject to this By-law to the Zoning By-law Map in Section 990.10, and applying the following zone label to these lands: (H) CR 0.4 (c0.4; r0.0) SS3 (x 766) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 766 so that it reads:
(766) Exception CR 766
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 2872-2882 Kingston Road, if the requirements of By-law [Clerks to insert By-law ##] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (T) below:
(B) Despite Regulation 40.10.20.40(1), dwelling units are permitted in a mixed use building;
(C) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 182.2 metres and the elevation of the highest point of the building or structure;
(D) Despite Regulation 40.10.40.10(3), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 3 of By-law [Clerks to insert By-law ##];
(E) Regulation 40.10.30.40(1)(A) regarding maximum permitted lot coverage does not apply;
(F) Despite Regulation 40.10.40.10(5), the required minimum height of the first storey, as measured between the floor of the first storey and the ceiling of the first storey, is 3.9 metres;
(G) Despite Regulation 40.10.40.10(7), the permitted maximum number of storeys in a building is the number following the letters "ST" as shown on Diagram 3 of By-law [Clerks to insert By-law ##]; and
(i) for the purpose of this exception, a mechanical penthouse, stair overrun, stair entrance, elevator overrun, elevator entrance and elevator lobby providing access to the rooftop amenity space does not constitute a storey;
(H) Despite Regulations 40.5.40.10(3) to (8) and (D) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law [Clerks to insert By-law ##]:
(i) elements of the roof of the building or structure used for green roof technology or alternative roofing system, parapets, railings, terraces, patios, planters, balustrades, bollards, guard railings, retaining walls, wheelchair ramps, and garbage chutes and vents to a maximum of 1.5 metres;
(ii) mechanical and ventilation equipment and any associated enclosure structures, heating and cooling units, towers, stacks and associated components, elevator shafts, make-up air units, emergency generator, and mechanical penthouses to a maximum of 3.0 metres, within the area labelled as "Mechanical Penthouse" on Diagram 3 of By-law [Clerks to insert By-law ##];
(iii) eaves, building cornices, light fixtures, ornamental and architectural elements, trellises, porches, landscape and public art features, stairs or stair enclosures, mechanical lift, window washing equipment and lightning rods to a maximum of 3.0 metres;
(iv) structures on any roof used for amenity space or open air recreation, safety, noise and wind protection and/or mitigation purposes, awnings and other similar shade devices and associated structures, chimneys, vents and stacks to a maximum of 3.0 metres; and
(v) elevator overrun to a maximum of 6.0 metres, within the area labelled as "Mechanical Penthouse" on Diagram 3 of By-law [Clerks to insert By-law ##];
(I) Despite Regulation 40.5.40.10(5)(B), mechanical and ventilation equipment must:
(i) be located no closer than 5.0 metres from a lot line abutting a street; and
(ii) have a total horizontal dimension, measured parallel to the street, not exceeding 50 percent of the building’s main wall facing Kingston Road;
(J) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures on the lot is 9,300 square metres, of which:
(i) the required minimum gross floor area for non-residential uses is 285 square metres;
(K) Despite Regulation 40.10.40.70(3), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law ##];
(L) Despite Clause 40.10.40.60 and (K) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(i) stairs;
(ii) balconies attached to the rear main wall to a maximum of 1.5 metres, and all other balconies to a maximum of 2.8 metres;
(iii) eaves, building cornices, light fixtures, ornamental and architectural elements, pilasters, parapets, railings and fences, trellises, window sills, window box, bay window or projecting window, landscape and public art features, window washing equipment, to a maximum of 0.3 metres; and
(iv) porches to a maximum of 2.5 metres;
(M) Despite Regulations 220.5.10.1(1), (2) and (3), a minimum of one Type "G" loading space, in accordance with the minimum dimensions required in Regulation 220.5.1.10(8)(D), must be provided on the lot and may be used for both non-residential use and residential use purposes;
(N) 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 maximum of 0.52 residential occupant parking spaces for each dwelling unit; and
(ii) a minimum of 24 parking spaces are required to be shared for residential visitors and non-residential uses;
(O) Despite (N)(i) above, "car-share parking spaces" may replace parking spaces otherwise required for residential occupants, subject to the following:
(i) a reduction of 4 residential occupant parking spaces will be permitted for each "car-share parking space" provided and that the maximum reduction permitted be capped by the application of the following formula:
(a) 4 multiplied by the total number of dwelling units divided by 60, and rounded down to the nearest whole number;
(ii) a minimum of 3 "car-share" parking spaces must be provided on the lot;
(iii) for the purpose of this exception, "car-share" means the practice whereby a number of people share the use of one or more motor vehicles and such "car-share" motor vehicles are made available to at least the occupants of the building for short-term rental, including hourly rental; and
(iv) for the purpose of this exception, "car-share parking space" means a parking space exclusively reserved and signed for a vehicle used only for "car-share" purposes;
(P) Despite Regulation 200.15.10, a minimum of 2 of the required parking spaces on the lot are required to be accessible parking spaces;
(Q) Despite Regulation 200.15.1(1), an accessible parking space must have the following dimensions:
(i) a minimum length of 5.6 metres;
(ii) a minimum width of 3.4 metres; and
(iii) a minimum vertical clearance of 2.1 metres;
(R) The entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path;
(S) Despite Regulations 230.5.10.1(1), (3) and (5) and Table 230.5.10.1(1), bicycle parking spaces must be provided in accordance with the following minimum rates:
(i) 0.68 "long-term" bicycle parking spaces for each dwelling unit;
(ii) 0.07 "short-term" bicycle parking spaces for each dwelling unit; and
(iii) 4 "short-term" bicycle parking spaces for all non-residential uses on the lot; and
(T) One "privately-owned publicly-accessible open space" with a minimum area of 79 square metres must be provided on the ground level; and
(i) for the purpose of this exception, "privately owned publicly-accessible open space" means a space on the lot situated at ground level that is accessible to the public, secured through appropriate legal agreements and may include pedestrian walkways, seating areas, landscaped plazas and ornamental structures and is used principally for the purpose of sitting, standing and other recreational uses.
Prevailing By-laws 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 uses:
(A) None of the provisions of By-law 569-2013, as amended, apply to prevent the erection and use of a temporary sales office on the lot, which shall mean a building or structure used for the purpose of the sale of dwelling units, for a period of not more than 3 years from the date this By-law comes into full force and effect.
- Holding Provision:
(A) Prior to the lifting of the (H) holding in whole or in part, the following applies:
(i) The lands zoned with the "(H)" symbol pursuant to Section 36 of the Planning Act, delineated by heavy lines on Diagram 2 attached to and forming part of this By-law, may not be used for any purpose other than those uses and buildings existing on the site as of [date by-law is brought into force] until the "(H)" symbol has been removed.
(B) An amending by-law to remove the "(H)" symbol shall be enacted by City Council when the following conditions have been fulfilled to the satisfaction of Council:
(i) The owner shall submit a revised Functional Servicing Report demonstrating sufficient capacity to accommodate the servicing demand for this development, to the satisfaction of the Executive Director, Engineering and Construction Services; and
(ii) The owner shall enter agreement(s) for the construction of any improvements to existing municipal infrastructure, as required, to the satisfaction of the Executive Director, Engineering and Construction Services.
Ontario Land Tribunal Decision issued on September 12, 2022 and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-22-002383 (PL210208).