Ontario Land Tribunal Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 14, 2023 CASE NO(S).: OLT-22-002866
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Distrikt (Burnhamthorpe) Inc. Subject: Request to amend the Official Plan - Failure to adopt the requested amendment Description: To permit a five block townhouse development Reference Number: 19 183250 WET 03 OZ Property Adress: 26-38 Burnhamthorpe Road & 45-49 Burnhamthorpe Crescent Municipality: City of Toronto OLT Case No: OLT-22-002866 Legacy Case No: PL200097 OLT Lead Case No: OLT-22-002866 Legacy Lead Case No: PL200097 OLT Case Name: Distrikt (Burnhamthorpe) Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Distrikt (Burnhamthorpe) Inc. Subject: Application to amend Zoning By-law - Refusal or neglect of City of Toronto to make a decision Description: To permit a five block townhouse development Reference Number: 19 183250 WET 03 OZ Property Adress: 26-38 Burnhamthorpe Road & 45-49 Burnhamthorpe Crescen Municipality: City of Toronto OLT Case No: OLT-22-002867 Legacy Case No: PL200098 OLT Lead Case No: OLT-22-002866 Legacy Lead Case No: PL200097
BEFORE: S. BRAUN ) Monday, the 14th DAY OF MEMBER ) August, 2023
THIS MATTER having come on for a public hearing beginning on March 2, 2021 and the Tribunal in its Decision on May 11, 2021 (the “Decision”) having determined that the appeal under subsection 34(11) of the Planning Act (the “Zoning Appeal”) should be allowed, in part, and that the proposed zoning by-law amendment should be approved, in principle, with the final Order withheld pending the Tribunal being advised by the Parties that:
(a) The Tribunal has received and approved the Zoning By-law Amendment(s) submitted in a form satisfactory to the Director, Community Planning, Etobicoke York District, and the City Solicitor;
b) The Tribunal is advised that the Owner has provided the City an updated Functional Servicing and Stormwater Management Report, including confirmation of water, sanitary and storm water capacity, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
c) The Tribunal is advised that the Owner has provided the City an updated Hydrogeological Report and supporting documents addressing any on-site groundwater to the satisfaction of the General Manager, Toronto Water;
d) The Tribunal is advised that the Owner has designed and has provided the City financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and the accepted Hydrogeological Report to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to the infrastructure to support this development;
e) The Tribunal is advised that the Owner has provided the space within the development for the installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681;
f) The Tribunal is advised that the owner has submitted a tenant relocation and assistance plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;
g) The Tribunal is advised that the owner has submitted a Rental Housing Demolition Application to the satisfaction of the Chief Planner and Executive Director, City Planning; and
h) The Tribunal is advised that the Chief Planner and Executive Director, City Planning has authorized the Rental Housing Demolition Application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, as applicable, to demolish the existing rental dwelling units at 26 - 38 Burnhamthorpe Road and 45-49 Burnhamthorpe Crescent
THE TRIBUNAL HAVING BEEN ADVISED that these above-noted matters have been completed to the satisfaction of the City of Toronto prior to the issuance of a final Order regarding the Zoning Appeal;
AND THE TRIBUNAL is satisfied that its direction as set out in the Decision has been met;
THE TRIBUNAL ORDERS that the Zoning Appeal is allowed, in part, and that Zoning By-law No. 569-2013 of the City of Toronto, as amended, is hereby amended in the manner set out in Attachment “1” to this Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to this by-law for record keeping purposes.
“Euken Lui”
EUKEN LUI 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.
ATTACHMENT 1
Authority: Local Planning Appeal Tribunal Decision Issued on May 11, 2021 in Tribunal File PL200097 and Ontario Land Tribunal Order issued on ~ in Tribunal File OLT-22-002866 (formerly PL200097)
CITY OF TORONTO
BY-LAW No. XXXX-2023(OLT)
To amend Zoning By-law No. 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 26, 30-36 & 38 Burnhamthorpe Road and 45-49 Burnhamthorpe Crescent
Whereas the Ontario Land Tribunal pursuant to its Order issued on ~ in respect of Tribunal Case No. PL200097, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, deems it advisable 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 2021 as 26, 30-36 & 38 Burnhamthorpe Road and 45-49 Burnhamthorpe Crescent; and
Now therefore pursuant to the Order of the Ontario Land Tribunal, By-law No. 569-2013 is further amended as follows:
The lands subject to this By-law are outlined in 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 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 from a zoning label of RD (f13.5; a510; d0.45) (x37) to a zone label of RM (u82) (x244) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands on Diagram 1 of this By-law to the Policy Areas Overlay Map in Article 995.10 and applying no value.
Zoning By-law No. 569-2013, as amended, is further amended by adding to Article 900.5.10 Exception Number [244] so that is reads:
(244) Exception RM 244
The lands are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
Site Specific Provisions:
(A) On 26, 30-36 & 38 Burnhamthorpe Road and 45-49 Burnhamthorpe Crescent, 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 (U) below;
(B) Despite Regulations 10.5.40.10(1) and 10.5.60.40(1), the height of a building or structure is the distance between the Canadian Geodetic Datum set out below and the elevation of the highest point of the building or structure:
(i) Building A is Canadian Geodetic Datum 128.81 metres;
(ii) Building B is Canadian Geodetic Datum 128.81 metres;
(iii) Building C is Canadian Geodetic Datum 128.91 metres;
(iv) Building D is Canadian Geodetic Datum 128.98 metres;
(v) Building E is Canadian Geodetic Datum 129.05 metres;
(vi) Building F is Canadian Geodetic Datum 129.11 metres; and
(vii) The ancillary building is Canadian Geodetic Datum 128.95 metres;
(C) Despite Regulation 10.80.20.40(1), a townhouse is a permitted building type on the lands;
(D) For the purpose of this exception, notwithstanding the definitions of townhouse and apartment buildings in Zoning By-law 569-2013, Chapter 800 Definitions, Building E and Building F, as shown on Diagram 3 of By-law XXXX-2023(OLT) are townhouses.
(E) Despite Regulations 10.5.60.40(2), 10.80.40.10(1) and (3), the permitted maximum height of a building, ancillary building or structure is the number in metres following the letters "HT" and number of storeys following the symbol “ST” on Diagram 3 of By-law XXXX-2023(OLT);
(F) For the purpose of this exception, a mechanical penthouse providing roof access does not constiutute a storey and shall not include enclosed habitable space;
(G) Despite Regulations 10.5.40.10(2), (3), (4) and (E) above, the following equipment and structures may project beyond the permitted maximum height of a building and/or ancillary building:
(i) equipment and structures used for the functional operation of the building, such as electrical, utility, mechanical and ventilation equipment, enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, elevator overruns, mechanical penthouse, chimneys, vents, water supply facilities and fire walls to a maximum of 3.5 metres;
(ii) structures that enclose, screen or cover the elements listed in (i) above to a maximum of 3.5 metres;
(iii) parapets, railings and guard rails, privacy screens, pergola, trellises, wind screens, wind and mitigation structures, unenclosed structures providing safety or wind protection to rooftop amenity space and building transformers, to a maximum of 2.0 metres; and
(iv) the total area of all equipment, structures or parts of a building and/or ancillary building referred to in (i) and (ii) above, may cover no more than 60% of the area of the roof;
(H) For the purpose of this exception, exterior stairs, enclosed stairwells, parking elevators, garbage chutes, pergola, vents, landscape features and furniture, bicycle rings, lighting fixtures, retaining walls and features and building transformers may project above grade to a maximum of 4.5 metres;
(I) Despite Regulation 10.80.40.40(1), the permitted maximum gross floor area for the lands shall be 7,490 square metres;
(J) For the purpose of this exception, the gross floor area of the buildings on the lands shall be calculated in accordance with Regulation 10.5.40.40(3);
(K) Despite Clause 10.5.60.50, an elevator shaft, elevator overrun and/or structure used for mechanical purposes shall not be counted towards the gross floor area of an ancillary building;
(L) Despite Regulation 10.80.30.40.(1), no maximum lot coverage applies to the site;
(M) Despite Regulation 10.5.60.1(4) the ancillary building or structure may be constructed prior to the erection of the main walls and completion of the roof of a residential building on the same lot;
(N) The maximum permitted number of dwelling units is 82 of which:
(i) a minimum of 75% of the dwelling units shall be two-bedroom units; and
(ii) a minimum of 17% of the dwelling units shall be three-bedroom units;
(O) Despite Regulations 10.5.40.70(1), 10.5.60.20(2) and (3), and Clauses 10.80.40.70 and 10.80.40.80, the required minimum building and ancillary building setbacks and minimum above ground main wall separation distance are shown in metres on Diagram 3 of By-law XXXX-2023(OLT);
(P) Despite Regulations 10.5.40.50(2), (3) and (4), 10.5.40.60(1), (2), (3), (5) and (6) and (O) above, the following building elements may encroach into the required minimum building and ancillary building setbacks and minimum above ground separation distance:
(i) decks, deck platforms, terraces, porch, railings and guard rails, privacy screens, fences and firewalls to a maximum of 2.8 metres;
(ii) canopies and awnings to a maximum of 1.6 metres;
(iii) balcony and balcony platforms to a maximum of 1.2 metres;
(iv) pilasters, decorative columns, cornices, windows, window sills, wing walls, eaves, firewalls, and architectural elements or features, to a maximum of 1.0 metre; and
(v) exterior stairs, enclosed stairwells, parking elevators, garbage chutes, pergola, vents, landscape features and furniture, bicycle rings, lighting fixtures, retaining walls and features and building transformers;
(Q) Despite Regulations 10.5.50.10(1), (2), (3), (4) and (5), a minimum of 48% of the area of the lands must be provided for landscaping, of which a minimum of 30% must be soft landscaping;
(R) Despite Regulations 200.5.1.10(2)(A)(iv) and (14), a parking space is subject to the following:
(i) must include a rough-in for electric vehicle charging infrastructure but is not required to be equipped with an energized outlet.
(S) Despite Regulation 200.5.1.10(2)(D), vehicle charging infrastructure is not considered an obstruction to the sides of a parking space;
(T) Despite Regulations 200.15.1(1), (3) and (4), an accessible parking space must be maintained in accordance with the following:
(i) minimum width of 3.4 metres;
(ii) within 25 metres of a barrier free entrance to the passenger elevator; and
(iii) the entire length of an accessible parking space must be adjacent to a minimum 1.5-metre wide accessible barrier free aisle or path;
(U) Despite Regulations 230.5.1.10(4)(A) and (C), the minimum width of stacked bicycle parking spaces is 0.6 metres.
Prevailing By-law and Prevailing Sections:
(None Apply).
6. Despite any future severance, partition or division of the lands as shown on Diagram 1 attached to this By-law, the provisions of this By-law will apply as if no severance, partition or division occurred.
PURSUANT TO THE LOCAL PLANNING APPEAL TRIBUNAL DECISION ISSUED ON MAY 11, 2021 IN TRIBUNAL FILE PL200097 AND ONTARIO LAND TRIBUNAL ORDER ISSUED ON ~ IN TRIBUNAL FILE OLT-22-002866 (formerly PL200097)