Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 10, 2023

CASE NO.: OLT-21-001689 (Formerly PL180139)

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

Applicant and Appellant: 2519371 Ontario Inc. Subject: Application to amend Zoning By-law Nos. 7625 & 569-2013 - Refusal or neglect of the City of Toronto to make a decision Existing Zoning: Site General Commercial Zone (Cl) Proposed Zoning: Site Specific (To be determined) Purpose: To permit 14-storey residential building Property Address/Description: 4155 Yonge Street Municipality: City of Toronto Municipality File No.: 17 245489 NNY 25 OZ OLT Case No.: OLT-21-001689 Legacy Case No.: PL180139 OLT Lead Case No.: OLT-21-001689 Legacy Lead Case No.: PL180139 OLT Case Name: 2519371 Ontario 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: 2519371 Ontario Inc. Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment Existing Designation: Mixed Use Area Proposed Designated: Site Specific (To be determined) Purpose: To permit 14-storey residential building Property Address/Description: 4155 Yonge Street Municipality: City of Toronto Approval Authority File No.: 17 245489 NNY 25 OZ OLT Case No.: OLT-21-001413 OLT Lead Case No.: PL180139 OLT Case Name: OLT-21-001413

BEFORE:

CARMINE TUCCI MEMBER

Wednesday, 10th day of May, 2023

THIS MATTER having been heard by the Ontario Land Tribunal on July 4, 2022;

AND THE TRIBUNAL, in its Decision issued on August 15, 2022 having allowed in part the appeals filed by 2519371 Ontario Inc. (the “Appellant”) in File Nos. OLT-21-001413 and OLT-21-001689 (the “Appeals”) and having approved in principle the draft Official Plan Amendment and Zoning By-law Amendment attached to the Tribunal’s decision as Schedules A and B respectively;

AND THE TRIBUNAL having withheld its final Order on the Official Plan Amendment and the Zoning By-law Amendments until certain conditions are satisfactorily addressed (“Conditions”);

AND THE TRIBUNAL having received written confirmation from the City Solicitor that the Conditions have been satisfactorily addressed;

THE TRIBUNAL ORDERS THAT in accordance with section 9 of the Ontario Land Tribunal Act, 2021, and in accordance with subsections 17(50) (as applicable via subsection 22(11)) and 34(26) of the Planning Act and on the consent of the parties:

1. The Appeals are allowed, in part;

2. The Tribunal hereby approves the Official Plan Amendment attached hereto as Attachment 1 to this Order;

3. The Tribunal hereby approves the Zoning By-law Amendments attached hereto as Attachments 2 and 3 to this Order;

4. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to these by-laws for record keeping purposes; and

5. The Tribunal may be spoken to in the event that the Parties have any difficulty in implementing this Order.

“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.

Authority: Ontario Land Tribunal Decision issued August 15, 2022 and Ontario Land Tribunal Order issued on May 10, 2023 in File OLT-21-001689

CITY OF TORONTO

BY-LAW -2023 (OLT)

To adopt Amendment 654 to the Official Plan for the City of Toronto respecting lands known municipally in 2022 as 4155 Yonge Street.

Whereas the Ontario Land Tribunal, pursuant to its Decision/Order dated [date], 2023, deems it advisable to amend the City of Toronto Official Plan with respect to certain lands known municipally as 4155 Yonge Street;

The Official Plan of the City of Toronto, as amended, is further amended by the Ontario Land Tribunal as follows:

1. The text and map attached to Amendment 654 is hereby adopted as an amendment to the Official Plan for the City of Toronto.

Ontario Land Tribunal Decision issued August 15, 2022 and Ontario Land Tribunal Order issued on May 10, 2023 in File OLT-21-001689.

AMENDMENT 654 TO THE OFFICIAL PLAN OF THE CITY OF TORONTO

LANDS KNOWN MUNICIPALLY IN 2022 AS 4155 YONGE STREET

The following text and map constitute Amendment 654 to the City of Toronto Official Plan.

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

1. Chapter 7, Site and Area Specific Policies, is amended by adding Site and Area Specific Policy 802 for the lands known municipally in 2022 as 4155 Yonge Street, as follows:

2. 4155 Yonge Street

Development on the subject lands may be setback a minimum of 3.0 metres from the ravine toe-of-slope.

2. Chapter 7, Map 27, Site and Area Specific Policies, is amended by adding the lands, known municipally in 2022 as 4155 Yonge Street, as shown on the map above as Site and Area Specific Policy 802.

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Authority: Ontario Land Tribunal Decision issued on August 15, 2022 and Ontario Land Tribunal Order issued on May 10, 2023 in Tribunal File OLT-21-001689

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 4155 Yonge Street.

Whereas the Ontario Land Tribunal, by its Decision issued on August 15, 2022 and Order issued on May 10, 2023 in respect of Tribunal Case OLT-21-001689, approved amendments to the former City of North York Zoning By-law 7625, as amended, with respect to lands municipally known in the year 2022 as 4155 Yonge Street; and

Whereas the Ontario Land Tribunal 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 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

Therefore pursuant to the Order of Ontario Land Tribunal, By-law 7625, the General Zoning By-law of the former City of North York, as amended, is further amended as follows:

1. This By-law applies to the lands delineated by a heavy black line and identified as 4155 Yonge Street as shown on Schedule "1" attached to this By-law.

2. Schedules "B" and "C" of By-law 7625 of the former City of North York are amended in accordance with Schedules "2" and "RM6 (294)" of this By-law.

3. Section 64.20-A of By-law 7625 is amended by adding the following subsection:

64.20-A (294) RM6 (294)

DEFINITIONS

(A) For the purposes of this exception, the following definitions shall apply:

(i) "apartment house dwelling" shall mean a building containing more than four (4) dwelling units each unit having access only from an internal corridor system except that ground related dwelling units may have access from an internal corridor system and directly from outside;

(ii) "amenity space" shall mean 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;

(iii) "bicycle maintenance facility" means an area for bicycle repairs and maintenance which may include work space, a repair stand and an air pump for inflating bicycle tires;

(iv) "bicycle parking" shall mean an area below established grade, at grade, or on the second storey of the building, that is equipped with bicycle racks, bicycle stackers or lockers for the purpose of parking and securing bicycles, but is not intended for general storage use;

(v) "bicycle parking space, short-term" means a bicycle parking space for use by visitors to a building;

(vi) "bicycle parking space, long-term" means a bicycle parking space for use by the occupants or tenants of a building;

(vii) "established grade" shall mean 143.96 metres Canadian Geodetic Datum;

(viii) "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, but excluding:

(a) parking, loading and bicycle parking below established grade;

(b) required loading spaces and required bicycle parking spaces at or above established grade;

(c) storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms in the basement;

(d) shower and change facilities and bicycle maintenance facilities required by this By-law for required bicycle parking spaces;

(e) indoor amenity space required by this By-law;

(f) elevator shafts;

(g) garbage shafts;

(h) mechanical penthouse; and

(i) exit stairwells in the building.

(ix) "lot" shall mean the lands subject to this exception as contained within the heavy lines shown on Schedule 1 to this By-law;

(x) "temporary sales office" shall mean a building, facility or structure used for the purpose of the initial sales and/or initial leasing of dwelling units or non-residential gross floor area to be used or erected on the lands shown on Schedule RM6 (294);

PERMITTED USES

(B) In addition to the permitted uses in Section 20-A.1(a), a temporary sales office shall be permitted.

EXCEPTION REGULATIONS

MAXIMUM GROSS FLOOR AREA

(C) Despite the provisions of Section 20-A.2.5, the permitted maximum gross floor area of all buildings and structures on the lot is 7,200 square metres.

LOT AREA

(D) The provisions of Section 20-A.2.1 for lot area shall not apply.

LOT COVERAGE

(E) The provisions of Section 20-A.2.2 for lot coverage shall not apply.

LOT FRONTAGE

(F) The provisions of Section 20-A.2.3 for lot frontage shall not apply.

MAXIMUM DWELLING UNITS

(G) The maximum number of dwelling units permitted shall not exceed 30 dwelling units.

BUILDING HEIGHT AND NUMBER OF STOREYS

(H) The maximum building height above established grade and the maximum number of storeys shall be as shown on Schedule RM6 (294). The following shall apply in interpreting Schedule RM6 (294):

(i) The symbols "HT" shall mean the maximum building height permitted, measured in metres from established grade, for that portion of the building; and

(ii) The symbols "ST" shall mean the maximum number of storeys permitted for that portion of the building, excluding the mechanical penthouse.

(I) Notwithstanding subsection (H) above, the following elements may project beyond the maximum height limits and maximum number of storeys shown on Schedule RM6 (294) in accordance with the following:

(i) Awnings and canopies to a maximum of 5.0 metres;

(ii) Antennae, flagpoles, and satellite dishes to a maximum of 5.0 metres;

(iii) Equipment used for the functional operation of the building, such as electrical, utility, mechanical and ventilation equipment, and any structures that enclose, screen, or cover these elements, to a maximum of 5.0 metres;

(iv) Structures or parts of the building used for the functional operation of the building, such as enclosed stairwells, roof access, maintenance equipment storage, chimneys, vents, and water supply facilities, and any structures that enclose, screen, or cover these elements, to a maximum of 5.0 metres;

(v) Elevator shafts and any structures that enclose, screen, or cover the elevator shaft, to a maximum of 8.0 metres;

(vi) Wheel chair ramps to a maximum of 1 metre;

(vii) Parapets and cornices to a maximum of 1.8 metres;

(viii) Guardrails, railings, and planters to a maximum of 2 metres;

(ix) Retaining walls and bollards to a maximum of 1.5 metres;

(x) Landscape and public art features, rooftop terraces, fences, lighting fixtures, screens, and wind protection screens to a maximum of 3.0 metres;

(xi) Trellises to a maximum of 4.5 metres;

(xii) Architectural features and ornamental elements to a maximum of 5.7 metres; and

(xiii) Window-washing equipment.

YARD SETBACKS

(J) The minimum yard setbacks for all buildings and structures above established grade shall be as shown on Schedule RM6 (294), in metres.

(K) Notwithstanding subsection (J) above and subsection (L) below, the following may encroach into the minimum yard setbacks or separation distances between main walls of buildings as shown on Schedule RM6 (294) in accordance with the following:

(i) window washing equipment;

(ii) bollards, chimneys, stacks, exhaust, cornices , fences, guardrails, lighting fixtures, pipes, planters , railings, screens, stacks, vents, wheel chair ramps, wind protection, window sills by a maximum of 0.5 metres;

(iii) eaves, by a maximum of 1.0 metres;

(iv) balconies by a maximum of 2 metres;

(v) awnings, canopies, stairs, stair enclosures and stair landings to a maximum by a maximum of 3 metres;

(vi) platforms, terraces, terrace guards and parapets to the extent of the floor below; and

(vii) architectural elements/features, decorative features and ornamental elements to a maximum of 3.1 metres.

LANDSCAPING

(L) Notwithstanding Section 15.8, a minimum of 405 square metres of landscape area shall be provided.

(M) A minimum of 90 square metres of soft landscaping must be provided and maintained.

PARKING

(N) Notwithstanding Section 6A(2), parking spaces shall be provided in accordance with the following requirements:

(i) A minimum rate of 0.8 parking spaces for each bachelor residential unit (up to 45 square metres);

(ii) A minimum rate of 1.0 parking spaces for each bachelor residential unit (more than 45 square metres);

(iii) A minimum rate of 0.9 parking spaces for each 1-bedroom residential unit;

(iv) A minimum rate of 1.0 parking spaces for each 2-bedroom residential unit;

(v) A minimum rate of 1.2 parking spaces for each 3- bedroom residential unit;

(vi) A minimum rate of 0.2 visitor parking spaces for each residential unit; and

(vii) A minimum of 2 of the required parking spaces shall be accessible parking spaces.

(O) An accessible parking space must have a minimum length of 5.6 metres; a minimum width of 3.9 metres; and a vertical clearance of 2.1 metres.

(P) Despite (O) above, a parallel accessible parking space that is adjacent and parallel to a drive aisle from which vehicle access is provided, shall have a minimum length of 7.1 metres; a minimum width of 2.6 metres; and a minimum vertical clearance of 2.1 metres.

BICYCLE PARKING

(Q) Bicycle parking spaces shall be provided in accordance with the following requirements:

(i) Long-term bicycle parking spaces (Resident) – 0.68 spaces per dwelling unit; and

(ii) Short-term bicycle parking spaces (Visitors) – 0.07 spaces per dwelling unit.

(R) Bicycle parking spaces will comply with the following minimum dimensions:

(i) A bicycle parking space must have a minimum length of 1.8 metres, minimum width of 0.6 metres, and minimum vertical clearance from the ground of 1.9 metres;

(ii) A bicycle parking space if placed in a vertical position on a wall, structure or mechanical device must have a minimum length or vertical clearance of 1.9 metres, minimum width of 0.6 metres, and minimum horizontal clearance from the wall of 1.2 metres;

(iii) If a stacked bicycle parking space is provided, the minimum vertical clearance for each bicycle parking space is 1.2 metres; and

(iv) An area used to provide bicycle parking spaces must have a minimum vertical clearance of 2.4 metres if it is a stacked bicycle parking space; and 1.9 metres in all other cases.

(S) A bicycle maintenance facility must be provided in the building with the following minimum dimensions:

(i) minimum length of 1.8 metres;

(ii) minimum width of 2.6 metres; and

(iii) minimum vertical clearance from the ground of 1.9 metres.

(T) All long-term bicycle parking spaces shall be located below grade, on the first storey of the building, or on the second storey of the building.

(U) All short-term bicycle parking spaces shall be located at grade.

(V) Bicycle parking may be provided in bicycle stackers and vertical and horizontal storage racks.

RECREATIONAL AMENITY SPACE

(W) Recreational Amenity area shall be provided in accordance with the following:

(i) A minimum of 2.0 square metres of indoor recreational amenity area per dwelling unit; and

(ii) A minimum of 2.0 square metres of outdoor recreational amenity area per dwelling unit.

TTC INFRASTRUCTURE

(X) The minimum distance between the building, including all below and above grade structures, to all TTC infrastructure shall be 3 metres.

SETBACK TO GREENBELT ZONE

(Y) The required minimum distance between the building, including all below and above ground structures, to any lot line in the Greenbelt (G) Zone is 3.0 metres.

PROVISIONS NOT APPLICABLE

(Z) The provisions of Sections 6A(2)(a), 15.8, and Section 20-A.2 shall not apply.

DIVISION OF LANDS

(AA) Notwithstanding any severance, conveyance, partition, or division of the lot shown on Schedule 1, the regulations of this exception continue to apply to the whole of the lot as if no severance, conveyance, partition or division had occurred.

4. Section 64.20-A of By-law 7625 is amended by adding Schedule RM6 (294) attached to this By-law.

5. By-Law 31095, 30952, 32671, and 404-1998 no longer apply.

Ontario Land Tribunal Decision issued on August 15, 2022 and Ontario Land Tribunal Order issued on May 10, 2023 in Tribunal File OLT-21-001689.

Schedule 1

Schedule 2

Schedule RM6(294)

52867010.2

Authority: Ontario Land Tribunal Decision issued on August 15, 2022 and Ontario Land Tribunal Order issued on May 10, 2023 in Tribunal File OLT-21-001689

CITY OF TORONTO

BY-LAW -2023 (OLT)

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 4155 Yonge Street.

Whereas the Ontario Land Tribunal, in its Decision issued on August 15, 2022 and its Order issued on May 10, 2023, in file OLT-21-001689, 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 2023 as 4155 Yonge Street; 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 Zoning By-law 569-2013 as follows:

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 569-2013, Chapter 800 Definitions.

3. 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: RA (d1.5) (x224) and ON as shown on Diagram 2 attached to this By-law.

4. Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Policy Areas Overlay Map in Article 995.10.1 and applying no value.

5. Zoning By-law 569 -2013, as amended, is further amended by adding the lands to the Height Overlay Map in Article 995.20.1, and applying the following height and storey label to these lands: HT 10.5, ST 3, and no value as shown on Diagram 3 attached to this By-law.

6. Zoning By-law 569 -2013, as amended, is further amended by adding the lands to the Lot Coverage Overlay Map in Article 995.30.1, and applying the following lot coverage label to these lands: 33 as shown on Diagram 4 attached to this By-law.

7. Zoning By-law 569-2013, as amended, is further amended by adding the lands to the Rooming House Overlay Map in Article 995.40.1, and applying no value.

8. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.7.10 Exception Number 224 so that it reads:

(224) Exception RA 224

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 4155 Yonge Street, if the requirements of By-law [Clerks to insert By-law ##] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (N) below;

(B) Despite Regulations 15.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 143.96 metres and the elevation of the highest point of the building or structure;

(C) Despite Clause 15.10.30.40, the permitted maximum lot coverage is 68 percent;

(D) Despite Regulation 15.10.40.10(1)(A), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 5 of By-law [Clerks to insert By-law ##];

(E) Despite Regulation 15.10.40.10(2), the permitted maximum number of storeys in a building is the number following the letters "ST", as shown on Diagram 5 of By-law [Clerks to insert number ##]- 2023:

(i) for the purpose of this exception, a mechanical penthouse, stair enclosures, and elevator overruns do not constitute a storey;

(F) Despite Regulations 15.5.40.10(2)(A)(i), (3) and (4), and (D) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 5 of By-law [Clerks to insert By-law ##]:

(i) awnings and canopies to a maximum of 5.0 metres;

(ii) structures or parts of the building used for the functional operation of the building, such as enclosed stairwells, roof access, maintenance equipment storage, chimneys, vents, and water supply facilities, and any structures that enclose, screen, or cover these elements, to a maximum of 5.0 metres;

(iii) elevator shafts and any structures that enclose, screen, or cover the elevator shaft, to a maximum of 8.0 metres;

(iv) wheel chair ramps to a maximum of 1.0 metre;

(v) parapets and cornices to a maximum of 1.8 metres;

(vi) guardrails, railings, and planters to a maximum of 2.0 metres;

(vii) retaining walls and bollards to a maximum of 1.5 metres;

(viii) landscape and public art features, fences, lighting fixtures, screens, and wind protection screens to a maximum of 3.0 metres;

(ix) trellises to a maximum of 4.5 metres;

(x) elevator overruns and eaves to a maximum of 8.0 metres;

(xi) architectural features and ornamental elements to a maximum of 5.7 metres; and

(xii) a mechanical penthouse may cover more than 30 percent of the area of the roof, and must be located in the area labelled "Mechanical Penthouse" shown on Diagram 5 of By-law [Clerks to insert By-law ##].

(G) Despite Regulation 15.10.40.40(1) and 5.10.40.40(1), the permitted maximum gross floor area of all buildings and structures on the lot is 7,200 square metres;

(H) The permitted maximum number of dwelling units is 30;

(I) Despite Regulation 15.10.40.50(1)(B), at least 26.0 square metres of the required outdoor amenity space provided must be in a location adjoining or directly accessible to the indoor amenity space;

(J) Despite Clause 15.10.40.70, the required minimum building setbacks are as shown in metres on Diagram 5 of By-law [Clerks to insert By-law ##]. No minimum setbacks are required for below-grade portions of the building;

(K) Despite Clause 15.10.40.60 and (J) above, the following elements may encroach into the required minimum building setbacks as follows:

(i) window washing equipment;

(ii) bollards, chimneys, stacks, exhaust, cornices , fences, guardrails, lighting fixtures, pipes, planters , railings, screens, stacks, vents, wheel chair ramps, wind protection, window sills by a maximum of 0.5 metres;

(iii) eaves, by a maximum of 1.0 metres;

(iv) balconies by a maximum of 2 metres;

(v) awnings, canopies, stairs, stair enclosures and stair landings to a maximum by a maximum of 3 metres;

(vi) platforms, terraces, terrace guards and parapets to the extent of the floor below; and

(vii) architectural elements/features, decorative features and ornamental elements to a maximum of 3.1 metres.

(L) Despite Regulation 15.5.50.10(1)(A) and (B), a minimum of 405 square metres of landscaping, of which a minimum of 90 square metres of the required landscaping must be comprised of soft landscaping, must be provided and maintained on the lot;

(M) Despite (K) above, the required minimum distance between the building, including all below and above ground structures, to any transportation use buildings or structures is 3.0 metres;

(N) Despite (K) above, the required minimum distance between the building, including all below and above ground structures, to any lot line in the Open Space Natural (ON) Zone is 3.0 metres;

Prevailing By-laws and Prevailing Sections: None Apply

9. 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.

10. 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 the lot for a period of not more than 3 years from the date this By-law comes into full force and effect, provided:

(i) The building is a maximum of one storey;

Ontario Land Tribunal Decision issued on August 15, 2022 and Ontario Land Tribunal Order issued on May 10, 2023 in Tribunal File OLT-21-001689.

Diagram 1

Diagram 2

Diagram 3

Diagram 4

Diagram 5

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