Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 8, 2024
CASE NO.:
OLT-22-002998
(Formerly MM180025)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A, as amended
Applicant and Appellant:
Centre Park Holdings Inc.
Subject:
Site Plan
Description:
To permit the development of four 3-storey residential buildings
Reference Number:
17 253027 NNY 27 SA
Property Address:
33, 37, 39, 41 & 43 Centre Avenue
Municipality:
Toronto
OLT Case No.:
OLT-22-002998
Legacy Case No.:
MM180025
OLT Lead Case No.:
OLT-22-002998
Legacy Lead Case No.:
MM180025
OLT Case Name:
Centre Park Holdings Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Centre Park Holdings Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the development of four 3-storey residential buildings
Reference Number:
20 232921 NNY 18 OZ
Property Address:
33, 37, 39, 41 & 43 Centre Avenue
Municipality:
Toronto
OLT Case No.:
OLT-22-002555
OLT Lead Case No.:
OLT-22-002998
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Centre Park Holdings Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the development of four 3-storey residential buildings
Reference Number
17 253018 NNY 24 OZ
Property Address:
33, 37, 39, 41 & 43 Centre Avenue
Municipality:
Toronto
OLT Case No.:
OLT-22-002999
Legacy Case No.:
PL180247
OLT Lead Case No.:
OLT-22-002998
Legacy Lead Case No.
MM180025
OLT Case Name:
Centre Park Holdings Inc. v. Toronto (City)
BEFORE:
S. deBOER
Wednesday, the 26^th^
MEMBER
day of June, 2024
A. MASON MEMBER
THESE MATTERS, in respect of the lands municipally known as 33, 37, 39, 41 and 43 Centre Avenue in the City of Toronto, having come for a public hearing on October 25, 2023 before the Ontario Land Tribunal (the "Tribunal") and the Tribunal having issued a Decision and Interim Order on November 16, 2023 (the “Decision”) allowing the Applicant and Appellant’s appeal in part, and approving the Official Plan Amendment 735 and the Zoning By-law Amendment to Zoning By-law 569-2013, in principle, with the Final Order being withheld pending being advised by the City Solicitor that certain pre-requisite matters have been satisfied;
THE TRIBUNAL HAVING BEEN ADVISED by the Parties on June 26, 2024, the City Solicitor is content that the above-noted conditions have been fully satisfied to the City’s satisfaction, and that the City and the Applicant and Appellant are thus jointly requesting that the Tribunal proceed to issue its Final Order on that basis;
THE TRIBUNAL ORDERS THAT the Official Plan Amendment Appeal and the Zoning By-law Appeal are allowed, in part, and
(a) the City of Toronto Official Plan is hereby amended as set out in “Attachment 1” to this Order; and
(b) the City of Toronto Zoning By-law 569-2013, as amended, is hereby amended as set out in “Attachment 2” to this Order,
The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to the by-law for record keeping purposes.
THE TRIBUNAL ORDERS THAT, pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, notwithstanding the eventual date of the formal issuance of this Order, it shall be, and was, effective as of June 26, 2024, which is the date that the Tribunal received, considered, and determined the request for the Final Order in this proceeding.
“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
Official Plan Amendment
(See next page)
Authority: Ontario Land Tribunal Decision issued on November 16, 2023 and Ontario Land Tribunal Order issued on ____ in Tribunal File OLT-22-002998
CITY OF TORONTO
BY-LAW No. ____-2024 (OLT)
To adopt Amendment No. 735 to the Official Plan for the City of Toronto respecting the lands known municipally in the year 2023 as 33, 37, 39, 41 & 43 Centre Avenue
Whereas the Ontario Land Tribunal has approved amendments in a decision dated _____ in Tribunal File OLT-22-002998 to the City of Toronto Official Plan with respect to the lands known municipally as 33, 37, 39, 41 & 43 Centre Avenue.
The Ontario Land Tribunal approves as follows:
- The attached Amendment No. 735 to the Official Plan is hereby approved pursuant to the Planning Act, as amended.
Ontario Land Tribunal Decision issued on _____ in Tribunal File OLT-22-002998
AMENDMENT NO. 735 TO THE OFFICIAL PLAN
LANDS MUNICIPALLY KNOWN IN THE YEAR 2023 AS 33, 37, 39, 41 & 43 CENTRE AVENUE
The Official Plan of the City of Toronto is amended as follows:
- Chapter 7, Site and Area Specific Policies, is amended by adding Site and Area Specific Policy No. 883 for the lands known municipally in 2023 as 33, 37, 39, 41 & 43 Centre Avenue, as follows:
883 33, 37, 39, 41 & 43 Centre Avenue
A maximum of 4 multiple-unit buildings with a maximum height of 4-storeys and total maximum Floor Space Index of 2.0 times the area of the lot is permitted.
- Chapter 7, Map 27, Site and Area Specific Policies is amended by adding the lands known municipally in 2023 as 33, 37, 39, 41 & 43 Centre Avenue, as shown on the map above, as Site and Area Specific Policy 883.
Attachment 2
Zoning By-law Amendment
(See next page)
Authority: Ontario Land Tribunal Decision issued on November 16, 2023 and Ontario Land Tribunal Order issued on ____ in Tribunal File OLT-22-002998
CITY OF TORONTO
BY-LAW ____-2024 (OLT)
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2023 as 33, 37, 39, 41 and 43 Centre Avenue.
Whereas the Ontario Land Tribunal, by its Decision issued on November 16, 2023 and its Order issued on [date] in respect of Tribunal File OLT-22-002998, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, determined to amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2023 as 33, 37, 39, 41 and 43 Centre Avenue; and
Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, as amended, to pass this By-law; and
Whereas pursuant to Section 39 of the Planning Act, as amended, the council of a municipality may, in a by-law passed under Section 34 of the Planning Act, 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 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 provided in Zoning By-law 569-2013, Chapter 800 Definitions.
Zoning By-law 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 zone label of RD (f15.0; a550) (x871) to a zone label of RM (f84.0; a6500; u169; d2.0) (x429) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.6.10 Exception Number 429 so that it reads:
(429) Exception RM 429
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 lands municipally known as 33, 37, 39, 41 and 43 Centre Avenue, if the requirements of [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 Regulation 10.5.40.10(1), the height of a building or structure is the distance between the Canadian Geodetic Datum of 190.25 metres and the elevation of the highest point of the building or structure;
(C) Despite Regulation 10.5.50.10(4)(A) and (B), a minimum of 48% of the lot area must be for landscaping and a minimum of 30% of the lot area must be for soft landscaping;
(D) Despite Regulation 10.80.30.40(1)(A), the permitted maximum lot coverage, as a percentage of the lot area, is 42 percent;
(E) Despite Regulation 10.80.40.10(1)(A), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 3 of [Clerks to insert By-law ##];
(F) Despite Regulation 10.80.40.10(3)(A), the permitted maximum number of storeys in a building is the number following the letters "ST" as shown on Diagram 3 of [Clerks to insert By-law ##];
(G) Despite (E) above, and in addition to the equipment, structures and parts of a building listed in Regulations 10.5.40.10(2) to (4), the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law [Clerks to insert By-law number]:
(i) planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 2 metres;
(H) Despite Regulations 10.80.40.70(1) to (3), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law number];
(I) Despite Regulation 10.80.40.80(2), the required separation of main walls are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law number];
(J) A minimum of 292 square metres of outdoor amenity space must be provided on the lot;
(K) Despite Regulation 10.5.100.1(5), driveway access to the principal pedestrian entrance to buildings is not required;
(L) Despite Regulation 10.5.100.1(7), a lot with an apartment building may have a driveway with a hammerhead turnaround;
(M) Despite Regulation 10.5.150.1, for an apartment building with fewer than 30 dwelling units, waste and recyclable material may be stored in an outdoor waste storage area that is enclosed on all four sides;
(N) The provision of dwelling units is subject to the following:
(i) A minimum of 15 percent of the total number of dwelling units on the lot must have two or more bedrooms;
(ii) A minimum of 10 percent of the total number of dwelling units on the lot must have three or more bedrooms; and
(iii) Any dwelling units with three or more bedrooms provided to satisfy (ii) above are not included in the provision required by (i) above;
(iv) An additional 15 percent for the total number of dwelling units must be a combination of two-bedroom and 3-bedroom units;
(O) Articles 200.25.15 and 970.10.1 regarding transition regulations for parking space requirements for development applications submitted prior to February 2, 2022 and July 22, 2022 do 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(s):
(A) None of the provisions of Zoning By-law 569-2013, as amended, or this By-law apply to prevent the erection and use of a temporary sales presentation centre for the purpose of the sale of the first dwelling units to be erected on the lot.
Ontario Land Tribunal Decision issued on November 16, 2023 and Ontario Land Tribunal Order issued on ____ in Tribunal File OLT-22-002998