Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 27, 2024
CASE NO.: OLT-21-001749
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Temple Ave Partners Inc.
Subject: Application to amend Zoning By-law No. 569-2013 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Residential (R (d2.0) (x811))
Proposed Zoning: Site specific – to be determined
Purpose: To permit the development of a 16-storey residential building
Property Address/Description: 2-24 Temple Avenue
Municipality: City of Toronto
Municipality File No.: 21 105906 STE 04 OZ
OLT Case No.: OLT-21-001749
OLT File No.: OLT-21-001749
OLT Case Name: Temple Ave Partners Inc. v. Toronto (City)
BEFORE:
WILLIAM R. MIDDLETON VICE-CHAIR
Wednesday, the 27th day of March, 2024
THIS MATTER having come before the Ontario Land Tribunal (the “Tribunal”) for a public hearing on January 19, 2023 and the Tribunal, in its decision issued on January 26, 2023 (the “Decision”) having allowed the appeal, in part, and having made an Interim Order approving in principle a draft Zoning Bylaw Amendment;
AND THE TRIBUNAL having withheld its Final Order until certain conditions as set out in paragraph 33 of the Decision are satisfied (“Conditions”);
AND THE TRIBUNAL having been advised by the Parties that the Conditions set out in the Interim Order have been satisfied;
THE TRIBUNAL THEREFORE ORDERS that the Amendment of Zoning By-law No. 569-2013 attached hereto as Attachment “1” is approved;
“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 Order issued on March 27, 2024 in Tribunal File OLT-21-001749
CITY OF TORONTO
BY-LAW No. XXX-XXXX
To amend Zoning By-law No. 569-2013, as amended, with respect to the lands known municipally as 2-24 Temple Avenue in the year 2021.
Whereas the Ontario Land Tribunal by its Order issued on
Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended, to pass this By-law; and
The Ontario Land Tribunal Orders:
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 in Zoning By-law No. 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 blacklines from a zone label of R(d2.0)(x811) to R (d2.0) (x170), as shown on Diagram 2 attached to this By-law.
Zoning By-law No. 569-2013, as amended, is further amended by adding Exception Number 170 to Article 900.2.10 so that it reads:
(170) Exception R 170
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 2-24 Temple Avenue, if the requirements of By-law ### [City Clerk to provide By-law #] are complied with, a building or structure permitted in compliance with (B) to (P) below;
(B) Despite Regulation 10.5.40.10(1), the height of a building or structure is the distance between the Canadian Geodetic Datum of 97.1 metres and elevation of the highest point of the building or structure;
(C) Despite Regulation 10.5.50.10(4) and (5):
i. A minimum of 20% of the lot area must be for landscaping;
ii. A minimum of 15% of the landscaping required in (C)(i), above, must be comprised of soft landscaping;
iii. Regulation 10.5.50.10(5) does not apply;
(D) Despite Regulations 10.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 19,600 square metres;
(E) Despite Regulation 10.5.100.1(4)(B), the permitted maximum width of a driveway for an apartment building is 7.5 metres;
(F) Regulation 10.5.100.1(5), regarding driveway access to apartment buildings does not apply;
(G) Regulation 10.10.40.30(1)(B) regarding maximum permitted building depth does not apply;
(H) Despite Clause 10.10.40.70, the required minimum building setbacks for buildings and structures are as shown in metres on Diagram 3 of By-law ### [City Clerk to provide By-law #];
(I) Despite (H) above and Clause 10.5.40.60, the following elements may encroach into the required minimum building setbacks:
i. eaves, cornices, columns, landscape and wheelchair ramps, light fixtures, stairs and stair enclosures, balustrades, guardrails, bollards, awnings, arcades, canopies, raised planters, patios, retaining walls, fences, vents, screens, scuppers, wind mitigation screens and features, underground parking ramp and associated structures, damper equipment, window washing equipment to a maximum of 2.5 metres;
ii. balconies and bay windows to a maximum of 5.5 metres;
iii. structures used for outside or open air recreation, safety or wind protection, to a maximum of 1.6 metres; and
iv. ornamental, decorative or architectural elements and public art to a maximum of 3.1 metres;
(J) Despite Regulations 10.10.40.10(1)(A) and (3)(B), the permitted maximum height of a building or structure is the number in metres following the letters “HT” as shown on Diagram 4 of By-law [Clerks to insert By-law number] and the permitted maximum storeys of a building is the number following the letters “ST” as shown on Diagram 4 of By-law [Clerks to insert By-law number];
(K) Despite (J) above and Regulations 10.5.40.10.(3) and (4), and 10.10.40.10(8) and (9), the following equipment and structures may project beyond the permitted maximum height shown on Diagram 4 of By-law [Clerks to insert By-law number]:
i. elevator overruns, mechanical equipment, and stair enclosures may project by a maximum of 6.0 metres;
ii. window washing equipment may project by a maximum of 8.0 metres;
iii. a ladder for maintenance purposes, terraces and balcony guards, elements of a green roof and insulation and roof surface materials, planters, railings, and parapets may project by a maximum of 1.2 metres;
iv. wind mitigation measures by a maximum of 2.1 metres; and
v. ornamental architectural features and public art by a maximum of 4.5 metres;
(L) Despite Regulation 10.10.40.50(1)(A) and (B), a minimum of 520 square metres of indoor amenity space and 775 square metres of outdoor amenity space must be provided and can be stand-alone or a combination of spaces that are not required to be connected;
(M) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided and maintained as follows:
i. A minimum of 0.28 residential parking spaces per dwelling unit for occupants;
ii. A minimum of 0.04 parking spaces per dwelling unit for visitors to the building;
(N) Regulation 200.15.1(4), regarding location of accessible parking spaces does not apply;
(O) Despite Regulation 200.15.10.5(1) and Table 200.15.10.5, a minimum of 5 of the required parking spaces in (M) above must be accessible parking spaces;
(P) Despite Regulation 230.5.1.10(4) the required minimum width of a bicycle parking space is 0.45 metres;
Prevailing By-laws and Prevailing Sections:
(A) On 8 Temple Avenue, City of Toronto By-law 518-2006
- Despite any existing or future consent, severance, partition or division of the lot, the provisions of By-law ### [City Clerk to provide By-law #], shall apply to the lands, as identified on Diagram 1, as if no consent, severance, partition or division occurred.
Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-21-001749