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 6, 2023
CASE NO.:
OLT-21-001193
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant and Applicant:
Talus (Bathurst) Limited
Subject:
Application to amend Zoning By-law No. 1694 - 2019 and 101–2014 - Failure of the City of Toronto to make a decision
Description:
To permit a 9-storey mid-rise building at a height of 32.3 m
Property Address/Description:
1109 Bathurst Street and 246–248 Albany Avenue
Municipality:
City of Toronto
Municipality File No.:
20 159922 STE 11 OZ
OLT Lead Case No.:
OLT-21-001193
OLT Case No.
OLT-21-001193
OLT Case Name:
Talus (Bathurst) Limited v. Toronto (City)
BEFORE:
M. A. SILLS ) Wednesday, the 6th day of VICE-CHAIR ) ) September, 2023
THIS MATTER having come on for public hearing, and the Ontario Land Tribunal in its Order issued on August 4, 2022 (the “Order”), having allowed the appeal of the Zoning By-law Amendment in part, and having withheld its Final Order pending the satisfaction of certain conditions, as set out in paragraph [1] of the Order;
AND THE TRIBUNAL having now been advised that the draft zoning by-law amendment has been finalized and that the conditions for the release of the Tribunal’s Final Order on the zoning by-law amendment have been satisfied;
THE TRIBUNAL ORDERS that:
The final form of zoning by-law amendment to City of Toronto Zoning By-law No. 569-2013, as amended, attached hereto as “Attachment 1” is approved.
The Tribunal may be spoken to in the event that some matter should arise in connection with the implementation of 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
ATTACHMENT 1
Authority: Ontario Land Tribunal Decision issued on April 29, 2022 and Ontario Land Tribunal Order issued on August 4, 2022 in Tribunal File OLT-21-001193
CITY OF TORONTO
BY-LAW ###-2023
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 1109 Bathurst Street and 246-248 Albany Avenue.
Whereas the Ontario Land Tribunal, in its Decision issued on April 29, 2022 and its Order issued on August 4, 2022, in file OLT-21-001193 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 1109 Bathurst Street and 246-248 Albany Avenue; and
Whereas the Official Plan for the City of Toronto contains provisions relating to the authorization of increases in height and density of development; and
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: EL 2.0 (xXXX) 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: PA1, 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 Height Overlay Map in Article 995.20.1, and applying the following height and storey label to these lands: HT 14.0, 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 Lot Coverage Overlay Map in Article 995.30.1, and applying no value.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.21.10 Exception Number ### so that it reads:
(###) Exceptions EL (###)
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 1109 Bathurst Street and 246-248 Albany Avenue, 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 (K) below:
(B) Despite Regulations 60.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 122.13 metres and the elevation of the highest point of the building or structure;
(C) Despite Regulation 60.10.40.10(1), 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 ##];
(D) Despite Regulations 60.5.40.10(4) and (5), 60.5.75.1(2), 60.10.40.10(2), and (C) above, the following building elements, equipment and structures may project beyond the permitted maximum height shown on Diagram 5 of By-law [Clerks to insert By-law ##], and where such projections are located on the roof of a building, area, coverage, horizontal dimension and locational restrictions are not applicable:
(i) electrical, utility, mechanical and ventilation equipment used for the functional operation of the building and structures, and window washing equipment, as well as structures that enclose, screen or cover the equipment, by a maximum of 4.0 metres;
(ii) enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, elevator overruns, vents, lightning rods, stacks, flues, air intakes, cellular arrays, and solar panels, by a maximum of 4.0 metres; and
(iii) railings, bollards, balustrades, fences, screens, skylights, cornices, eaves, roof drainage, parapets, planters, and elements and structures associated with a green roof, by a maximum of 3.0 metres;
(E) Despite Clause 60.5.40.40, and Regulation 60.10.1.10(3), the permitted maximum gross floor area of all buildings and structures is 13,600 square metres;
(F) Despite Clause 60.10.40.70, the required minimum building setbacks are as shown in metres on Diagram 5 of By-law [Clerks to insert By-law ##];
(G) Despite Clause 5.10.40.70(1), and (F) above, the following elements may encroach into the required minimum building setbacks as follows:
(i) screens, trellises, guardrails, balustrades, railings, window washing equipment, access and underground garage ramps, by a maximum of 1.5 metres;
(ii) cornices, light fixtures, window sills, mullions, eaves, pilasters, columns, belt courses, and chimney breasts, by a maximum of 0.6 metres;
(iii) air conditioners, lightning rods, antennae, flagpoles, pipes, satellite dishes, elements required for the function operation of a building and related screening, site servicing features, exterior stairs and stair enclosures, and ventilation shafts, by a maximum of 1.0 metre; and
(iv) art and landscaping features, fences, planters, awnings, parapets, and canopies, by a maximum of 2.0 metres;
(H) Despite Section 200.25, Article 200.15.10, Regulation 200.5.1.10(1) and 200.5.10.1(1) and Tables 200.5.10.1 and 200.15.10.5, parking spaces and accessible parking spaces are to be provided in accordance with the following:
(i) a minimum of 0.09 parking spaces per 100 square metres of Self-storage Warehouse gross floor area; and
(ii) a minimum of 1.0 parking space required by (H)(i) above shall be an accessible parking space in accordance with Clause 200.15.1;
(I) Despite Regulations 200.5.1.10(2)(A)(iv) and (D), and 200.5.1.10(14), electric vehicle infrastructure, including electric vehicle supply equipment, does not constitute an obstruction to a parking space;
(J) Despite Regulations 220.5.1.10 (1), (3) and (4) and 220.5.10.1(7), a minimum of two (2) Type “B” loading spaces must be provided and maintained on the lot; and
(K) Despite Section 230.90, Regulation 230.5.10.1(1) and Table 230.5.10.1(1), bicycle parking spaces must be provided in accordance with the following:
(i) 4 "short-term” bicycle parking spaces; and
(ii) 2 “long-term” bicycle parking spaces.
- 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 April 29, 2022 and Ontario Land Tribunal Order issued on August 4, 2022 in Tribunal File OLT-21-001193.