Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 18, 2024
CASE NO.: OLT-22-002465 (formerly PL130592)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellants: Multiple Appellants
Subject: By-law No. 569-2013
Municipality: City of Toronto
OLT Case No.: OLT-22-002465
Legacy Case No.: PL130592
OLT Lead Case No.: OLT-22-002465
Legacy Lead Case No.: PL130592
OLT Case Name: Bahardoust v. Toronto (City)
BEFORE: L. YOU, MEMBER C. HARDY, VICE CHAIR Friday, the 18th day of October, 2024
THIS MATTER having come before the Tribunal by way of Written Hearing;
AND THE TRIBUNAL having been advised by the City of Toronto (“City”) that the City has reached a partial settlement with Silvercore Inc. (Appeal No. 38), with respect to the City’s approval of the Comprehensive Zoning By-law 569-2013 (“By-law 569-2013”) on May 9, 2013 for 3266 and 3288 Weston Road (“Subject Lands”);
AND THE TRIBUNAL having been further advised that City Council delegated authority to City Staff to settle certain appeals to By-law 569-2013, subject to certain conditions, at its meeting on May 3, 2016;
AND THE TRIBUNAL being in receipt of and having reviewed and considered the uncontested opinion evidence contained in the Affidavit of Caroline Samuel, sworn on October 11, 2024;
AND THE TRIBUNAL hereby recognising Ms. Samuel, a registered Professional Planner with over 19 years of professional land use planning experience, as being qualified to provide the Tribunal with expert opinion evidence in the area of land use planning;
AND THE TRIBUNAL recognizing that Exhibit “B” to the Affidavit of Ms. Samuel reflects modifications to By-Law 569-2013 that would add the permissions of a townhouse residential building type will be implemented by a site-specific exception to the Zoning By-Law 569-2013 on the Subject Lands;
AND WHEREAS Ms. Samuel’s affidavit confirms for the Tribunal, and the Tribunal is hereby satisfied, that the proposed By-Law Amendment:
Has appropriate regard for the relevant matters of provincial interest as set out in s.2 of the Planning Act, R.S.O. 1990, c.P.13, as amended in particular with policies that speak to the adequate provision of a full range of housing, including affordable housing;
Is consistent with the Provincial Policy Statement, 2020, including policies relating to the provision of a range and mix of new housing in a location where infrastructure and public service facilities are available;
Conforms to the Growth Plan for the Greater Golden Horseshoe, 2020 through the provision of a diverse range and mix of housing options to accommodate residents at all stages of life, household sizes and incomes;
Conforms to the City Official Plan, as a townhouse residential building type is consistent with the Apartment Neighbourhoods designation; and,
Represents good planning.
NOW THEREFORE:
THE TRIBUNAL ORDERS that the appeal by Silvercore Inc. against By-law 569-2013 of the City of Toronto are allowed, in part, and the Regulations of By-law 569-2013 are modified and approved as set out in Appendix 1 to this Order and the modifications are hereby in full force and effect as they apply to the lands at 3266 and 3288 Weston Road.
THE TRIBUNAL FURTHER ORDERS that Appeal No. 38 to Zoning By-law 569-2013 has been resolved in its entirety as it relates to the lands at 3266 and 3288 Weston Road.
THE TRIBUNAL FURTHER ORDERS that the coming into effect of the portions of By-law 569-2013 set out in Appendix 1 to this Order:
(a) shall be without prejudice to the rights of any party for their proposed exceptions or modifications to By-law 569-2013 in an issue-specific or site-specific appeal. For greater certainty and without limiting the foregoing, this Order shall not have any effect on the Tribunal's authority to grant issue-specific, category-specific, organizational or site-specific exceptions or modifications to By-law 569-2013, as amended, regardless of whether the proposed exceptions or modifications deviate from, or result in the repeal or replacement of, portions of By-law 569-2013 that the Tribunal has already approved;
(b) shall not have the effect of limiting existing or future resolutions of any appellant's appeal;
(c) shall not limit any party's right to seek to amend portions of By-law 569-2013 and does not limit the jurisdiction of the Tribunal to consider and approve amendments to the By-law including the addition of permitted uses and building types, and site specific exceptions or modifications to By-law 569-2013 that may deviate from portions of the By-law that the Tribunal has already approved; and
(d) shall not apply to any portion of By-law 569-2013 that remains in issue in the appeals;
AND THE TRIBUNAL ORDERS that it may be spoken to in the event any issues 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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
APPENDIX 1
Revised Regulations to City-wide Zoning By-law 569-2013 related to 3266 and 3288 Weston Road
- In accordance with section 34(26) of the Planning Act, R.S.O. 1990, c. P.13, as amended, By-law 569-2013 of the City of Toronto is hereby amended as follows as it applies to the Site of Appeal No. 38 (3266 and 3288 Weston Road), as shown on Diagram 1:
(a) In Section 990.10 the Zoning By-law Map, change the zone label from “RM (f21.0; a925; d0.85)” to “RM (f21.0; a925; d0.85)(x456)” as shown on Diagram 1.
(b) In Article 900.6.10 Exceptions to the RM Zone, add exception 900.6.10 (x456) as follows:
“(456) Exception RM 456
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) In addition to the building types permitted in 10.80.20.40 (1), a townhouse is a permitted building type subject to compliance with the applicable provisions of Section 10.60.
Prevailing By-laws and Prevailing Sections: (None Apply)”