Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 17, 2023
CASE NO.: PL180429
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1001 Broadview Avenue Inc.
Subject: Request to amend the Official Plan - Refusal of request by City of Toronto
Existing Designation: Neighbourhoods
Proposed Designated: Mixed Use Areas
Purpose: To permit the redevelopment of the site for a 10-storey mid-rise mixed-use building with commercial uses on the first floor and residential units above
Property Address/Description: 995-1005 Broadview Avenue & 2-4 Mortimer Avenue
Municipality: City of Toronto
Approval Authority File No.: 17 255470 STE 29 OZ
OMB Case No.: PL180429
OMB File No.: PL180429
OMB Case Name: 1001 Broadview Avenue 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: 1001 Broadview Avenue Inc.
Subject: Application amend East York Zoning By-law No. 6752 and Zoning By-law 569-2013 - Refusal of Application by City of Toronto
Existing Zoning: CA.17 (Commercial Site Specific), C (Commercial), R2A (Residential), CR (Commercial Residential) and RS (Residential Semi-Detached)
Proposed Zoning: CA.17 (Commercial Site Specific), C (Commercial), R2A (Residential), CR (Commercial Residential) and RS (Residential Semi-Detached) with exceptions
Purpose: To permit the redevelopment of the site for a 10-storey mid-rise mixed-use building with commercial uses on the first floor and residential units above
Property Address/Description: 995-1005 Broadview Avenue & 2-4 Mortimer Avenue
Municipality: City of Toronto
Municipality File No.: 17 266470 STE 29 OZ
OMB Case No.: PL180429
OMB File No.: PL180430
BEFORE:
M.A. SILLS VICE-CHAIR
Wednesday, the 17th day of May, 2023
THIS MATTER having initially come on for a public settlement hearing before the Tribunal on January 24, 2020;
AND THE TRIBUNAL having issued its Final Order on March 10, 2023, approving the amendments to City of Toronto Zoning By-law No. 569-2013;
AND THE TRIBUNAL having a received a request for correction to the Final Order to correct a minor error of a technical nature in the zoning by-law amendment that subsection 4.(O) of the ZBA be revised to add the following underlined text:
- (O) Despite Regulations 220.5.1.10(8) and 40.10.90.10(1), one Type “G” loading space with a minimum vertical clearance of 4.4 metres may be located in a rear yard that abuts a lot in the Residential Zone category.
THE TRIBUNAL ORDERS that City of Toronto Zoning By-law No. 569-2013 is hereby amended in the form attached hereto as “Attachment 1” which, replaces the version of “Attachment 1” previously included in the Tribunal’s Final Order of March 10, 2023.
“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/Order issued ~, 2023 in Tribunal File PL180429
Draft Zoning By-law Amendment (20~--)
CITY OF TORONTO
BY-LAW No. XXXX-2023
To amend the Zoning By-law for the City of Toronto, being By-law No. 569-2013, as amended, with respect to lands municipally known in the year 2022 as 995, 999, 1001, 1003 and 1005 Broadview Avenue and 2 and 4 Mortimer Avenue.
Whereas the Ontario Land Tribunal Decision/Order issued , 20 in File PL180429, approved amendments to the City of Toronto By-law No. 569-2013, as amended, with respect to the lands; and
Therefore, pursuant to the Order of the Ontario Land Tribunal, By-law No. 569-2013, as amended, is further amended 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 No. 569-2013, Chapter 800 Definitions.
Zoning By-law No. 569-2013, as amended, is further amended, by amending the zone label on the Zoning By-law Map in Section 990.10 respecting the lands outlined by heavy black lines to CR 3.9 (c0.3; r3.6) SS2 (x845), as shown on Diagram 2 attached to this By-law.
Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 845 so that it reads:
(845) Exception CR 845
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 the lands outlined by heavy black lines on Diagram 1 attached to By-law [Clerks to insert by-law number], a building, structure, addition or enlargement may be constructed in compliance with regulations (B) to (P) below;
(B) Despite Regulation 40.10.30.20(1) the required minimum lot frontage is 30 metres.
(C) Despite Regulation 40.10.30.40(1) the permitted maximum lot coverage is 78%.
(D) Despite Regulation 40.10.40.1(1), all residential use portions of a mixed use building must be located above non-residential use portions of a building, other than:
(i) residential lobby access; and
(ii) dwelling units that have direct access to the lot line abutting Mortimer Avenue.
(E) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 120.36 metres and the elevation of the highest point of the building or structure.
(F) Despite Regulation 40.10.40.10(2), the permitted maximum height of a building or structure is the numerical value, in metres, following the letters "HT" as shown on Diagram 3 attached to By-law [Clerks to insert by-law number].
(G) Despite (F) above and Regulations 40.5.40.10(3) to (7), the following may exceed the height limits specified by the numbers following the symbol HT on Diagram 3 attached to this by-law, up to a maximum of 5.0 metres:
(i) mechanical penthouses, cornices, ornamental elements, parapets, eaves, guardrails, balustrades, railings doors, fences, , site servicing features, screens, roof drainage, window washing equipment, lightning rods, architectural features, landscaping and elements or structures on the roof of a building used for green roof, safety or wind protection purposes.
(H) Despite Regulation 40.10.40.10(7), the permitted maximum number of storeys in a building is the number following the ST symbol as shown on Diagram 3 of [Clerks to insert by-law number].
(I) Despite Regulation 40.10.40.40(1) the permitted maximum gross floor area of all buildings or structures is 5,720 square metres:
(i) A minimum of 350 square metres of non-residential gross floor area is required to be provided on the ground floor along the portion of the building facing the lot line abutting Broadview Avenue.
(J) A maximum of 51 dwelling units are permitted on the lot of which:
(i) A minimum of 30 percent must contain two or more bedrooms; and
(ii) A minimum of 12 percent must contain three or more bedrooms.
(K) Despite Regulation 40.10.40.50(1) a minimum of 202 square metres of amenity space must be provided, of which 40 square metres is required to be provided as outdoor amenity space.
(L) Despite Regulations 40.10.40.70(2) and 40.10.40.80(2) the minimum required building setbacks and minimum above-ground distance between main walls are as shown in metres Diagram 3 attached to By-law [Clerks to insert by-law number].
(M) Despite K) above, and Clause 40.10.40.60, the following building elements and structures are permitted to encroach into required building setbacks up to a maximum of 2.8 metres as shown on Diagram 3 attached to By-law [Clerks to insert by-law number]:
(i) architectural finishes, awnings, balconies, canopies, cornices, eaves, eaves troughs, elevator shafts, fire shutter, garbage enclosure systems, gates, guards, intake and exhaust grills, lighting fixtures, landscape features, paved surfaces, porches, railings, rain water leaders and downspouts, ramps, retaining walls, stairs and stairwells and related enclosures, walls of an underground garage, window sills and wells.
(N) Despite Regulations 40.10.50.10(3) no soft landscaping strip is required along the easterly lot line.
(O) Despite Regulations 220.5.1.10(8) and 40.10.90.10(1), one Type “G” loading space with a minimum vertical clearance of 4.4 metres may be located in a rear yard that abuts a lot in the Residential Zone category.
(P) Despite Regulation 200.5.10.1(1), Table 200.5.10.1, and Table 200.15.1(1)(B) parking spaces must be provided on the lot at a minimum rate of:
(i) A minimum of 0.7 parking spaces for each studio dwelling unit for residential occupants;
(ii) A minimum of 0.8 parking spaces for each 1 bedroom dwelling unit for residential occupants;
(iii) A minimum of 0.9 parking spaces for each 2 bedroom dwelling unit for residential occupants;
(iv) A minimum of 1.1 parking spaces for each 3 bedroom dwelling unit for residential occupants;
(v) A minimum of 0.2 residential visitor parking spaces for each dwelling unit;
(vi) No parking spaces required for non-residential uses;
(vii) A minimum of 4 accessible parking spaces; and
(viii) A minimum of 1 car share, and for the purposes of this exception:
a. "car-share" means the practice where a number of people share the use of one or more cars that are owned by a for-profit or non-profit car-sharing organization and where such organization may require that use of cars to be reserved in advance, charge fees based on time and/or kilometers driven, and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or may not be refundable; and
b. "car-share parking space" means a parking space that is reserved and actively used for "car-share" purposes;
(Q) Despite regulation 200.15.1(1), an accessible parking space must have the following dimensions:
(i) Minimum length of 5.6 metres;
(ii) Minimum width of 3.65 metres; and
(iii) Minimum vertical clearance o 2.1 metres.
(R) Despite Regulations 200.5.1.10(2)(A) and (D), Electric Vehicle Infrastructure, including electrical vehicle supply equipment, does not constitute an obstruction to a parking space.
(S) Despite Regulation 230.5.1.10(10) both “short term” and “long term” bicycle parking spaces may be located in a stacked bicycle parking space.
(T) Despite Regulation 230.40.1.20(2) “short term” bicycle parking spaces may be located on the first level below ground, and are permitted to be greater than 30 metres from the pedestrian entrance to the building.
Prevailing By-laws and Prevailing Sections: (None Apply)
Ontario Land Tribunal Decision/Order issued in Tribunal File PL180429
- Despite any existing or future severances, partition or division of the lands shown on Diagram 1 of this By-law, this Exception and By-law 569-2013 will apply to all of the lands collectively as if no severance, partition or division had occurred;