Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 7, 2023
CASE NO.: OLT-21-001815
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 4926 Bathurst Inc.
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Apartment Neighbourhoods
Proposed Designated: Site Specific (To be determined)
Purpose: To permit a 26-storey mixed use building
Property Address/Description: 4926 Bathurst Street
Municipality: City of Toronto
Approval Authority File No.: No. 20 219407 NNY OZ
OLT Case No.: OLT-21-001815
OLT Lead Case No.: OLT-21-001815
OLT Case Name: 4926 Bathurst 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: 4926 Bathurst Inc
Subject: Application to amend City of Toronto By-law No. 569-2013, as amended, and the City of North York Zoning By-law7625, as amended - neglect of the City of Toronto to make a decision
Existing Zoning: C1 General Commercial (C1)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 26 storey mixed use residential development
Property Address/Description: 4926 Bathurst Street
Municipality: City of Toronto
Municipality File No.: No. 20 219407 NNY OZ
OLT File No.: OLT-21-001816
OLT Lead Case No.: OLT-21-001815
BEFORE:
JATINDER BHULLAR
MEMBER
Wednesday, the 7th day of June, 2023
THESE MATTERS having come before the Ontario Land Tribunal (the “Tribunal”) for a public hearing on February 27, 2023 and the Tribunal, in its decision issued on May 16, 2023 (the “Decision”) having allowed, in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters, the appeals of the Official Plan Amendment and the Zoning By-law Amendment;
AND THE TRIBUNAL having withheld its Final Order contingent upon confirmation of the City Solicitor for the City of Toronto that the necessary conditions for final Order of the Tribunal have been met;
AND THE TRIBUNAL having been advised that the conditions for the release of the Tribunal’s Final Order on the Official Plan Amendment and the Zoning By-law Amendment have been satisfied;
THE TRIBUNAL ORDERS that the final drafts of the Official Plan Amendment, attached as Attachment “A” and the Zoning By-law Amendment, attached as Attachment “B” are approved;
THE TRIBUNAL may be spoken to in the event that the Parties have any difficulty in implementing this Decision and 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.
ATTACHMENT A
Authority: Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-21-001815
CITY OF TORONTO
BY-LAW No. XXX-2023(OLT)
To adopt Amendment No. XXX to the Official Plan for the City of Toronto with respect to lands municipally known in the year 2022 as 4926 Bathurst Street.
WHEREAS the Ontario Land Tribunal, pursuant to its Decision/Order on [date], deems it advisable to amend the City of Toronto Official Plan with respect to certain lands known municipally as 4926 Bathurst Street;
The Official Plan of the City of Toronto, as amended, is further amended by the Ontario Land Tribunal as follows:
- The attached Amendment No. 645 to the Official Plan of the City of Toronto is hereby approved.
Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal issued on [date] in File OLT-21-001815.
City of Toronto By-law No. XXX-2023(OLT)
AMENDMENT NO. XXX TO THE OFFICIAL PLAN
LANDS MUNICIPALLY KNOWN IN THE YEAR 2022 AS 4926 BATHURST STREET
The following text and map constitute Amendment No. 645 to the City of Toronto Official Plan.
The Official Plan of the City of Toronto as amended as follows:
- Map 16, Land Use Plan is hereby amended by redesignating the lands known as 4926 Bathurst Street from Apartment Neighbourhoods to Mixed Use Areas in accordance with Schedule A attached hereto.
City of Toronto By-law No. XXX-2023(OLT)
ATTACHMENT B
Authority: Ontario Land Tribunal Decision issued on May 16, 2023 and Ontario Land Tribunal Order issued on June 7, 2023 in Tribunal File OLT-21-001815
CITY OF TORONTO
BY-LAW XXX-2023(OLT)
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 4926 Bathurst Street
Whereas the Ontario Land Tribunal, in its Decision issued on May 16, 2023 and its Order issued on June 7, 2023, in file OLT-21-001815, 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 4926 Bathurst Street;
The Ontario Land Tribunal, by Order, amends Zoning By-law 569-2013, as 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 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: CR 2.0 (c2.0; r2.0) SS2 (x851) as shown on Diagram 2 attached to this By-law.
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 the following Policy Area label to these lands: PA4, as shown on Diagram 3 attached to this By-law.
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: 35, as shown on Diagram 4 attached to this By-law.
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 label to these lands: HT 9.2 ST 3, as shown on Diagram 5 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number CR 851 so that it reads:
(851) Exception CR 851
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 4926 Bathurst 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 (R) below:
(B) 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 192.15 metres and elevation of the highest point of the building or structure;
(C) Despite Regulation 40.10.40.10(2), the permitted maximum height of a building is the number following the HT symbol in metres as shown on Diagram 6 of By-law [Clerks to supply By-law ##];
(D) Despite Regulation 40.10.40.10(7), the permitted maximum height of a building in storeys is the number following the ST symbol in storeys as shown on Diagram 6 of By-law [Clerks to supply By-law ##];
(E) Despite Regulations 40.5.40.10(3) to (8) and (C) above, the following equipment and structures may project beyond the permitted maximum height of a building:
(i) equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, roof access, maintenance equipment storage, chimneys, roof assemblies and vents and building maintenance units and window washing equipment, to a maximum of 6.0 metres;
(ii) structures that enclose, screen or cover the equipment, structures and parts of a building listed in (i) above, inclusive of a mechanical penthouse, enclosed stairwells and elevator shafts, to a maximum of 6.0 metres;
(iii) planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, to a maximum of 1.8 metres;
(F) For the purposes of calculating the number of storeys permitted by regulation (C) above, the number of storeys does not include a mezzanine level located between the first storey and the second full storey of a building if the gross floor area of the mezzanine level does not exceed 40 percent of the gross floor area of the first storey in the building;
(G) Regulation 40.10.30.40(1) with respect to permitted maximum lot coverage does not apply;
(H) Despite Regulation 40.10.40.1(1), residential use portions of the building, other than a dwelling unit, are permitted to be located on the same level as non-residential use portions of the building;
(I) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area is 20,500 square metres, of which:
(i) the permitted maximum gross floor area for residential uses is 19,600 square metres; and
(ii) the permitted minimum gross floor area for non-residential uses is 700 square metres;
(J) Despite Regulation 40.10.40.70(2), the required minimum building setbacks are as shown in metres, on Diagram 6 of By-law [Clerks to supply By-law ##];
(K) Despite Regulation 40.10.40.60(5), (6), (7) and (J) above, the following elements may encroach into the required minimum building setbacks and separation distances as follows:
(i) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, window projections, including bay windows and box windows and eaves to a maximum of 1.0 metre;
(L) Despite Regulation 40.10.50.10(3), no soft landscaping is required along the lot line abutting the Residential Apartment Zone category;
(M) Despite Regulation 40.10.80.20(2), a parking space may be set back 6.5 metres from a lot in the Residential Apartment Zone category;
(N) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, vehicle parking spaces must be provided on the lot in compliance with the following minimum rates:
(i) 0.40 parking spaces per dwelling unit for residents;
(ii) 0.10 parking spaces per dwelling unit for visitors, which may be used for non-residential uses;
(iii) no parking spaces are required for non-residential uses; and
(iv) visitor parking spaces may be provided on a non-exclusive basis and may be located in a public parking area;
(O) Despite Regulation 200.5.1.10(2), up to 5 percent of the parking spaces may have:
(i) a minimum length of 5.3 metres; and
(ii) a minimum width of 2.6 metres if they are obstructed on one or both sides;
(P) Despite Regulation 200.15.1(4), accessible parking spaces may be located within 25 metres of a barrier free passenger elevator that provides access to the first storey of the building;
(Q) Despite Clause 220.5.10.1, a minimum of one Type “G”” loading space must be provided on the lot; and
(R) Despite Regulation 230.5.1.10(9)(B), a required “long-term” bicycle parking space for a dwelling unit may also be located on the mezzanine level of the building.
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.
Ontario Land Tribunal Decision issued on May 16, 2023 and Ontario Land Tribunal Order issued on June 7, 2023 in Tribunal File OLT-21-001815.