Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 2, 2024 CASE NO.: OLT-22-003961

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant/Appellant: 111 Strachan Development LP Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: OPA/ZBA to facilitate Reference Number: 21 251437 STE 10 OZ Property Address: 109-127 Strachan Avenue Municipality/UT: City of Toronto OLT Case No.: OLT-22-003961 OLT Lead Case No.: OLT-22-003961 OLT Case Name: 111 Strachan Development LP Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Subject: Request to amend the Zoning By-law – Failure to adopt the requested amendment Description: ZBA to facilitate Reference Number: 21 251437 STE 10 OZ Property Address: 109-127 Strachan Avenue Municipality/UT: City of Toronto OLT Case No.: OLT-22-003962 OLT Lead Case No.: OLT-22-003961

BEFORE: M. A. SILLS VICE-CHAIR Thursday day, the 2^nd day of February, 2024

THIS MATTER having come on for a public hearing on June 16, 2023 and the Ontario Land Tribunal (the “Tribunal”) having determined that the appeals under subsection 22(7) of the Planning Act (the “Official Plan Amendment Appeal”) and subsection 34(11) of the Planning Act (the “Zoning Appeal”) should be allowed, in part, and should be approved, in principle, with the final Order withheld pending the Tribunal being advised by the City Solicitor that such conditions have been fulfilled;

THE TRIBUNAL HAVING BEEN ADVISED that these above-noted matters have been completed to the satisfaction of the City of Toronto prior to the issuance of a final Order regarding the Official Plan Amendment Appeal and Zoning Appeal have been satisfied;

THE TRIBUNAL ORDERS that the Official Plan Amendment Appeal and the Zoning Appeal are allowed, in part, and that the City of Toronto’s Official Plan is hereby amended in the manner set out in Attachment “1” to this Order and the Zoning By-law No. 569-2013 of the City of Toronto, as amended, is hereby amended in the manner set out in Attachment “2” to this Order. The Tribunal authorizes the municipal clerk to format and assign numbers to the by-law in Attachment “1” and Attachment "2", as may be necessary, 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 August 9, 2023 and Ontario Land Tribunal Order issued on February 1, 2024 on Tribunal File No. OLT-22-003961

CITY OF TORONTO

BY-LAW XXX-2023(OLT)

To approve Amendment 689 to the Official Plan for the City of Toronto respecting the lands municipally known in the year 2022 as 109, 111, 115 and 127 Strachan Avenue.

Whereas the Owner of the lands known municipally in the year 2022 as 109, 111, 115 and 127 Strachan Avenue 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 August 9, 2023 and its Order effective on February 1, 2024 in File OLT-22-003961 approved amendments to the Official Plan for the City of Toronto with respect to the lands;

The Ontario Land Tribunal Orders:

1. The attached Amendment 689 to the Official Plan is hereby in force pursuant to the Planning Act, as amended.

Ontario Land Tribunal Decision issued on August 9, 2023 and Ontario Land Tribunal Order issued on February 1, 2024 in Tribunal File OLT-22-003961.

AMENDMENT 689 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2022 as 109, 111, 115 AND 127 STRACHAN AVENUE

The Official Plan of the City of Toronto is amended as follows:

1. Map 18, Land Use Plan, is amended by re-designating he lands contained within black heavy lines on Schedule ‘1’ from Neighbourhoods to Mixed Use Areas.

2. Chapter 6, Section 14, Garrison Common North Secondary Plan is amended by adding the following policy to Section 10, Site and Area Specific Policies, Area 2:

“On lands municipally known in the year 2022 as 109, 111, 115 and 127 Strachan Avenue located within and shown as B on Area 2 Map above, a mix of commercial and residential uses are permitted.”

3. Chapter 6, Section 14, Garrison Common North Secondary Plan is amended by Map 1 of 2 to identify “Area B” for the lands municipally known as 109, 111, 115 and 127 Strachan Avenue in Section 10, Site and Area Specific Policies, Area 2 as follows:

Schedule ‘1’

ATACHMENT 2

Authority: Ontario Land Tribunal Decision issued on August 9, 2023 and Ontario Land Tribunal Order issued on February 1, 2024 in Tribunal File No. OLT-22-003961

CITY OF TORONTO

BY-LAW XXX-2023(OLT)

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 109, 111, 115 and 127 Strachan Avenue.

Whereas the Owner of the lands in the year 2022 appealed a proposed Zoning By-law Amendment to the Ontario Land Tribunal pursuant to Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and

Whereas the Ontario Land Tribunal, by its Decision issued on August 9, 2023 and Order issued on February 1, 2024, determined to amend Zoning By-law 569-2013, as amended, with respect to lands known municipally as 109, 111, 115 and 127 Strachan Avenue; and

The Ontario Land Tribunal Orders:

1. The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.

2. The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, Chapter 800 Definitions.

3. 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 (c2.0; r2.5) SS2 (x892) as shown on Diagram 2 attached to this By-law.

4. 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 andapplying no value.

5. 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 to these lands: HT 18.0 as shown on Diagram 3 attached to this By-law.

6. 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 no value.

7. 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: B2, as shown on Diagram 4 attached to this By-law.

8. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 892 so that it reads:

(892) Exception CR 892

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 109, 111, 115 and 127 Strachan 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 (Q) 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 87.5 metres and elevation of the highest point of the building or structure;

(C) Despite Regulation 40.10.40.10(2), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 5 attached to By-law [Clerks to insert By-law ##];

(D) Despite Regulation 40.10.40.10(7), the number of storeys of a building or structure is the number following the letters "ST" on Diagram 5 attached to By-law [Clerks to supply by-law ##];

(E) Despite Regulations 40.5.40.10(3) to (5) and (C) above, the following equipment and structures may project beyond the permitted maximum height measured from the twelfth storey as shown on Diagram 5 attached to 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 6.0 metres;

(ii) structures that enclose, screen or cover the equipment, structures and parts of a building listed in (i) above by a maximum of 6.0 metres;

(F) Despite Regulations 40.5.40.10(6) to (8), (C) and (E) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 5 attached to By-law [Clerks to insert By-law ##]:

(i) architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 1.0 metres;

(ii) planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 2.4 metres; and

(iii) trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 2.5 metres;

(G) Despite Regulation 40.10.40.10(5), the required minimum height of the first storey, as measured between the floor of the first storey and the ceiling of the first storey, is 3.5 metres;

(H) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures on the lands is 21,270 square metres, of which:

(i) the permitted maximum gross floor area for residential uses shall not exceed 21,132 square metres; and,

(ii) the permitted minimum gross floor area for non-residential uses shall not exceed 320 square metres.

(I) Despite Regulation 40.5.40.40(3), the gross floor area of a mixed use building is reduced by the area in the building used for:

(i) storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms only on the second storey and the thirteenth storey; and,

(ii) stair overruns;

(J) The provision of dwelling units is subject to the following:

(i) a minimum of 15 percent of the total number of dwelling units must have two bedrooms;

(ii) a minimum of 10 percent of the total number of dwelling units must have three or more bedrooms;

(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) if the calculation of the required dwelling units in (i) or (ii) above results in number with a fraction of a dwelling unit being required, the number will be rounded up to the nearest whole number;

(K) Despite Regulation 40.10.40.1(1), the residential use portion of the building is permitted to be located on the same storey as the non-residential use portion of the building;

(L) Despite Regulation 40.10.40.50(1), amenity space will be provided at minimum rate of:

(i) 2.0 square metres of indoor amenity space for each dwelling unit; and;

(ii) 1.25 square metres of outdoor amenity space for each dwelling unit;

(M) Despite Regulation 40.5.40.70(1)(B), 40.10.40.70 (2) and (4), the required minimum building setbacks are as shown in metres on Diagram 5 attached to By-law [Clerks to insert By-law ##];

(N) Despite Regulations 40.10.40.60 (1), (2), (5), (8) and (M) above, the following elements may encroach into the required minimum building setbacks of main walls as follows:

(iii) Decks, porches, and balconies, by a maximum of 2.0 metres;

(iv) Despite (i) above, decks, porches, and balconies:

a. at the first storey only, by a maximum of 3.0 on the main wall fronting on the lane;

b. at the third storey only, by a maximum of 5.0 metres on the main wall fronting on the lane and 5.5 metres on the main wall fronting on Adelaide Street West;

c. at the fifth storey to the tenth storey only, by a maximum of 3.0 metres for a maximum of 30% of the total width of the main wall fronting on Strachan Avenue;

d. at the eighth storey only, by a maximum of 4.5 metres on the main wall fronting on Adelaide Street West;

e. at the eleventh storey, by a maximum of:

(v) 4.5 metres for a maximum of 25% of the total width on the main wall fronting on Strachan Avenue, and,

(vi) 5.3 metres for a maximum of 25% of the total width of the main wall fronting on the lane;

a. at the twelfth storey only, by a maximum of 5.0 metres on the main wall fronting on Adelaide Street West; and,

b. at the thirteenth storey only, by maximum of:

(vii) 7.0 metres on the main wall fronting on Adelaide Street West;

(viii) 5.0 meters on the main wall fronting on Strachan Avenue; and,

(ix) 6.0 metres om the main wall fronting on the lane;

(x) canopies and awnings, by a maximum of 1.1 metres;

(xi) eaves and architectural features, by a maximum of 0.3 metres; and

(xii) air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 1.0 metres;

(O) 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 80 parking spaces for residents of dwelling units in the building;

(ii) a minimum of 8 parking spaces for visitors, and residential and non-residential visitors parking spaces may be shared;

(P) Despite Regulation 200.5.10.1(1) and (O) above, "car-share parking spaces" may replace parking spaces otherwise required for residents of dwelling units in the building or visitors of non-residential use(s) or residents of dwelling units in the building, subject to the following:

(i) a maximum reduction of four (4) resident or visitor parking spaces will be permitted for each "car-share parking space";

(ii) for the purpose of this exception, "car-share" means the practice whereby a number of people share the use of one or more motor vehicles and such "car-share" motor vehicles are made available to at least the occupants of the building for short-term rental, including hourly rental; and

(iii) for the purpose of this exception, "car-share parking space" means a parking space exclusively reserved and signed for a vehicle used only for "car-share" purposes;

(Q) Despite Regulation 200.15.1(1), (3) and (4), accessible parking spaces must be provided on the lands as follows:

(i) An accessible parking space must have the following minimum dimensions:

a. length of 5.6 metres;

b. width of 3.4 metres; and,

c. vertical clearance of 2.1 metres;

(ii) The entire length of an accessible parking space must be adjacent to a 1.5-metre wide accessible barrier free aisle or path; and,

(iii) Regulation 200.15.1(4) does not apply.

Prevailing By-laws and Prevailing Sections: (None Apply)

9. No provision in the former City of Toronto Zoning By-law 438-86 applies to the lands in Diagram 1 attached to this By-law.

10. Despite any future severance, partition or division of the lands as shown on Diagram 1, the provisions of this By-law shall apply as if no severance, partition or division occurred.

Ontario Land Tribunal Decision issued on August 9, 2023 and Ontario Land Tribunal Order issued on February 1, 2024 in Tribunal File OLT-22-003961.