Ontario Land Tribunal
655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Toll Free: 1-866-448-2248 Website: olt.gov.on.ca
Tribunal ontarien de l’aménagement du territoire 655 rue Bay, suite 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web: olt.gov.on.ca
ISSUE DATE: September 1, 2023
CASE NO.: OLT-22-002386 (Formally PL200541)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1319283 Ontario Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 10-storey residential condominium
Reference Number: 20 119591 WET 03 OZ
Property Address: 4161-4169 Dundas Street West and 18-26 Earlington Ave
Municipality: City of Toronto
OLT Case No.: OLT-22-002386
Legacy Case No.: PL200541
OLT Lead Case No.: OLT-22-002386
Legacy Lead Case No.: PL200541
OLT Case Name: 1319283 Ontario 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: 1319283 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 10-storey residential condominium
Reference Number: 20 119591 WET 03 OZ
Property Address: 4161-4169 Dundas Street West and 18-26 Earlington Ave
Municipality: City of Toronto
OLT Case No.: OLT-22-002387
Legacy Case No.: PL200542
OLT Lead Case No.: OLT-22-002386
Legacy Lead Case No.: PL200541
OLT Case Name: 1319283 Ontario 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: 1319283 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 10-storey residential condominium
Reference Number: 20 119591 WET 03 OZ
Property Address: 4161-4169 Dundas Street West and 18-26 Earlington Ave
Municipality: City of Toronto
OLT Case No.: OLT-22-002388
Legacy Case No.: PL200543
OLT Lead Case No.: OLT-22-002386
Legacy Lead Case No.: PL200541
OLT Case Name: 1319283 Ontario Inc. v. Toronto (City)
BEFORE:
T.F. NG
MEMBER
Thursday, the 31st day of August, 2023
THESE MATTERS having come before the Ontario Land Tribunal (“Tribunal”) for a Motion Hearing requested by the Applicant/Appellant, 1319283 Ontario Inc. (“Applicant”) on June 27, 2023;
WHEREAS THE TRIBUNAL in its written Interim Order issued on October 4, 2022, having allowed, in part, the appeals of the draft official plan amendment application (“OPA”) and draft zoning by-law amendment (“ZBA”) application and withheld final order subject to conditions being satisfied;
THESE MATTERS having been subject to a Tribunal Decision dated August 23, 2023 (the “Decision”) arising from the Motion;
AND THE TRIBUNAL having granted the Applicant’s Motion in part;
AND THE TRIBUNAL having deemed that the conditions for the release of the Tribunal’s Final Order on the drafts of the OPA and ZBA have been satisfied;
THE TRIBUNAL HEREBY ORDERS that the agreed final drafts of OPA and ZBA in Attachment “1” and “2” are approved;
THE TRIBUNAL ORDERS that the Official Plan for the City of Toronto is amended as set out in Attachment 1 to this order. The By-law no. 569-2013 is hereby amended in the manner set out in Attachment 2 to this order;
THE TRIBUNAL authorizes the municipal clerk to assign a number to this By-law 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 October 4, 2022 and Order issued on DATE in File OLT-22-002386
CITY OF TORONTO
BY-LAW -2023 (OLT)
To adopt Amendment 674 to the Official Plan for the City of Toronto with respect to the lands municipally known in the year 2022 as 16, 18 and 20 Earlington Avenue.
Whereas the Owner of the lands in the year 2021 appealed a proposed official plan amendment to the Ontario Land Tribunal pursuant to Section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and
Whereas the Ontario Land Tribunal, by its Decision issued on October 4, 2022 and Ontario Land Tribunal Order issued on DATE, approved amendments to the Official Plan for the City of Toronto, with respect to lands known municipally as 16, 18 and 20 Earlington Avenue; and
Whereas authority is given to the Tribunal under the Planning Act, R.S.O. 1990, c. P.13, as amended, to authorize this amendment to the Official Plan;
The Ontario Land Tribunal Orders:
- The attached Amendment 674 to the Official Plan is hereby in force and effect pursuant to the Planning Act, as amended.
Ontario Land Tribunal Decision issued on October 4, 2022 and Order issued on DATE in File OLT-22-002386.
AMENDMENT 674 TO THE OFFICIAL PLAN
16, 18 and 20 Earlington Avenue
The Official Plan of the City of Toronto is amended as follows:
- Map 14, Land Use Plan, is amended by re-designating the lands known as 16, 18 and 20 Earlington Avenue from Neighbourhoods to Mixed Use Areas as shown on the attached Schedule 1.
Schedule 1
Attachment 2
Authority: Ontario Land Tribunal Decision issued on October 4, 2022 and Order issued on DATE in Tribunal File OLT-22-002386
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 16, 18, 20, 24 and 26 Earlington and 4161, 4165 and 4169 Dundas Street West.
Whereas the Ontario Land Tribunal, in its Decision issued on October 4, 2022 and its Order issued on DATE, in file OLT-22-002386, 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 16, 18, 20, 24 and 26 Earlington and 4161, 4165 and 4169 Dundas Street West; 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:
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 2.5 (c1.0; r2.5) SS2 (x879) 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 no value.
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 14, 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: 33, as shown on Diagram 4 attached to this By-law.
Zoning By-law 569-2013, as amended, as amended, is further amended by adding the lands to the Rooming House Overlay Map in Article 995.40.1, and applying the following rooming house label to these lands: A1.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 879 so that it reads:
(879) Exception CR 879
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 16, 18, 20, 24 and 26 Earlington and 4161, 4165 and 4169 Dundas Street West, 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 (O) 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 113.58 metres and the elevation of the highest point of the building or structure;
(C) Despite Clause 40.10.30.40, the permitted maximum lot coverage, as a percentage of the lot area, is 55 percent;
(D) Despite Regulation 40.10.40.10(2) and (5), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 6 of By-law [Clerks to insert By-law ##];
(E) 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 6 of By-law [Clerks to insert By-law ##]:
(i) equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, by a maximum of 3.1 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, by a maximum of 3.1 metres;
(iii) architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 1.5 metres;
(iv) building maintenance units and window washing equipment, by a maximum of 1.5 metres;
(v) planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 2.0 metres; and
(vi) trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres.
(F) Despite Regulation 40.10.40.40(1) and 40.5.1.10(3), the permitted maximum gross floor area of all buildings and structures on the lot is:
(i) the permitted maximum gross floor area for residential uses is 15,400 square metres, of which:
(a) the permitted maximum gross floor area for townhouses is 2060 square metres.
(ii) A minimum of 25 percent of the total number of dwelling units on the lot must have two or more bedrooms and a minimum of 8 percent of the total number of dwelling units on the lot must have three or more bedrooms.
(G) Despite Regulation 40.10.40.50(1), a building with 20 or more dwelling units must provide amenity space on the lot at the following rate:
(i) at least 2.0 square metres for each dwelling unit as indoor amenity space;
(ii) at least 2.0 square metres of outdoor amenity space for each dwelling unit; and
(iii) none of the outdoor component may be a green roof.
(H) Despite Regulation 40.10.40.70(2) and (4), the required minimum building setbacks are as shown in metres on Diagram 6 of By-law [Clerks to insert By-law ##];
(I) Regulations 40.10.40.1(3), 40.10.40.1(5) and 40.10.40.1(6), do not apply;
(J) Despite Regulation 40.10.40.80(2), the required separation of main walls are as shown in metres on Diagram 6 of By-law [Clerks to insert By-law ##];
(K) Despite Clauses 40.10.40.60 and 40.5.40.60 and (H) and (I) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(i) decks, porches, and balconies, by a maximum of 2.3 metres;
(ii) canopies and awnings, by a maximum of 0.45 metres;
(iii) cladding added to the exterior surface of the main wall of a building, by a maximum of 0.15 metres;
(iv) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 2.0 metres;
(v) eaves, by a maximum of 1.7 metres; and
(vi) air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 0.5 metres.
(L) 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 minimum of 0 residential occupant parking spaces for dwelling units in apartment building;
(ii) a maximum of 0.9 parking spaces for each one-bedroom dwelling units in apartment building;
(iii) a maximum of 1.0 parking spaces for each two-bedroom dwelling units in apartment building;
(iv) a maximum of 1.2 parking spaces for each three-bedroom dwelling units in apartment building;
(v) a minimum of 0 parking spaces for each dwelling units for townhouse;
(vi) a maximum of 1.5 parking spaces for each dwelling units for townhouse;
(vii) a minimum of 2 parking space plus 0.05 residential visitor parking spaces for each dwelling unit in apartment building; and
(M) Regulation 40.10.90.10 (1)(C) does not apply;
(N) 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) 0.73 "long-term" bicycle parking spaces for each dwelling unit; and
(ii) 0.08 "short-term" bicycle parking spaces for each dwelling unit.
(O) Regulation 230.40.1.20(2) regarding the location of a "short-term" bicycle parking space relative to a building entrance does not apply.
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 use:
(A) None of the provisions of By-law 569-2013, as amended, apply to prevent the erection and use of a temporary sales centre for the sale and leasing of dwelling units constructed on the lot for a period of not more than 3 years from the date this By-law comes into full force and effect.
Ontario Land Tribunal Decision issued on October 4, 2022 and Order issued on DATE in Tribunal File OLT-22-002386.
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