Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
CORRECTION NOTICE
OLT CASE NO(S).:
OLT-22-004540
ORDER ISSUE DATE(S):
July 3, 2024
CORRECTION NOTICE ISSUE DATE:
August 29, 2024
RE: Churchill Beecroft Developments 1 Inc. v. Toronto (City)
Correction to: change the OLT case number on page 4, Schedule A
Originally:
Ontario Land Tribunal, Decision dated ____ in Case No. OLT-22-005450
Whereas the Ontario Land Tribunal, by its Decision issued on June 16, 2023 and Order issued on [date] in respect of Tribunal Case No. OLT-22-005450
Corrected to:
Ontario Land Tribunal, Decision dated ____ in Case No. OLT-22-004540
Whereas the Ontario Land Tribunal, by its Decision issued on June 16, 2023 and Order issued on [date] in respect of Tribunal Case No. OLT-22-004540
“Euken Lui”
EUKEN LUI
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.
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 3, 2024 CASE NO(S).: OLT-22-004540
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Churchill Beecroft Developments 1 Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the construction of 44 three-storey townhouses.
Reference Number:
21 235582 NNY 18 OZ
Property Address:
68, 70, 72, 74, 76 and 78 Churchill Avenue
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-004540
OLT Lead Case No:
OLT-22-004540
OLT Case Name:
Churchill Beecroft Developments 1 Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A.
Applicant/Appellant
Churchill Beecroft Developments 1 Inc.
Subject:
Site Plan
Description:
To permit the construction of 44 three-storey townhouses.
Reference Number:
21 235584 NNY 18 SA
Property Address:
68, 70, 72, 74, 76 and 78 Churchill Avenue
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-004541
OLT Lead Case No:
OLT-22-004540
BEFORE:
BITA M. RAJAEE ) Wednesday, the 3rd day of MEMBER ) ) July, 2024
THIS MATTER having come before the Tribunal for a public hearing on April 11, 2023 and the Tribunal, in its Decision and Interim Order issued on June 16, 2023 (the “Interim Order”), having ordered that the Zoning By-law Amendment to the former City of North York Zoning By-law 7625 and the Zoning By-law Amendment to the City of Toronto’s Harmonized By-law 569-2013 (“Toronto ZBL”) are approved in principle;
AND THE TRIBUNAL having withheld its final approval of the Zoning By-law Amendments pending (a) that the proposed Zoning By-law Amendments are in a final form; (b) the Applicant has resubmitted the Functional Servicing and Stormwater Management Report and Hydrogeological Report; and (c) the Applicant has entered into an agreement or agreements or otherwise secured the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure;
AND THE TRIBUNAL now having received confirmation from the Applicant and the City of Toronto of the fulfillment of the conditions of the Interim Order, including confirmation of the final form of the Zoning By-law Amendment, satisfactory to the City of Toronto, attached hereto as Schedule "A" to this Order, and confirmation that an amendment to the former City of North York Zoning By-law 7625 is not required in light of the fact that all of the relevant zoning provisions in the new Toronto ZBL are now in force and effect, and thereby only an amendment to the Toronto ZBL is required for zoning compliance purposes;
AND THE TRIBUNAL receiving confirmation from the Parties that the Site Plan Appeal, which is Tribunal File OLT-22-004541, is to continue to remain in abeyance;
THE TRIBUNAL ORDERS that the Appeal is allowed in part, and that the Zoning By-law Amendment attached to this Order as Schedule "A" 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.
SCHEDULE “A”
Authority: Ontario Land Tribunal, Decision dated June 18, 2024 in Case No. OLT-22-005450
CITY OF TORONTO
BY-LAW No. XXXX- 2024
To amend Zoning By-law No. 569-2013, as amended, with respect to the lands municipally known in the year 2023 as 68, 70, 72, 74, 76 and 78 Churchill Avenue.
Whereas the Ontario Land Tribunal, by its Decision issued on June 16, 2023 and Order issued on [date] in respect of Tribunal Case No. OLT-22-005450, upon hearing an appeal under Section 34 (11) of the Planning Act, R.S.O. 1990, c P13, as amended, determined to amend City of Toronto Zoning By-law 569-2013, as amended, with respect to lands municipally known in the year 2023 as 68, 70, 72, 74, 76 and 78 Churchill 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 [Clerks to insert By-law number].
The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, as amended, 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) (x5) to a zone label of RT(XXX), as shown on Diagram 1 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding to Article 900.5.10 Exception Number XXX so that it reads:
Exception RT XXX
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 68, 70, 72, 74, 76 and 78 Churchill Avenue, if the requirements of By-law [Clerks to insert By-law number] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (U) below;
(B) Despite regulation 10.60.30.10(1), the required minimum lot area is 8,372 square metres;
(C) Despite regulation 10.60.20.40(1), dwelling units are permitted subject to the following:
(i) The permitted maximum number of dwelling units is 40, of which:
i. A maximum of nine (9) dwelling units are permitted in detached houses;
ii. A maximum of thirty-one (31) dwelling units are permitted in townhouse buildings;
(D) Despite regulations 150.10.20.1(1) and (2), a secondary suite is only permitted in a detached house;
(E) Despite regulation 10.60.30.40(1), the permitted maximum lot coverage is 40%;
(F) Despite regulation 10.60.40.1(3), the required minimum width of a dwelling unit in a townhouse is 5.5 metres;
(G) Despite clauses 10.60.40.70 and 10.60.40.80, the required minimum building setbacks and separation of main walls are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law number];
(H) Despite (G) above and regulations 10.5.40.50(2) and 10.5.40.60(1), (2), (3), (5)(A), (6), and (7) the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(i) lighting, window projections, canopies, architectural features, and eaves by a maximum of 0.6 metres;
(ii) platforms and stairs and associated elements, including screens, partitions, and planters, attached to the main walls of a building at the “first floor”, by a maximum of 4.5 metres; and
(iii) balconies attached to the main walls of a building above the “first floor”, by a maximum of 1.5 metres.
(I) Despite regulation 10.5.40.60 (3) A, exterior stairs providing access to a building or structure may encroach into a required minimum building setback.
(J) For the purposes of this exception, 10.5.40.50(3), regarding the height of platforms at or above the second storey of a residential building, other than an apartment building, shall not apply.
(K) For the purpose of regulation 10.5.40.10(1), established grade shall be the Canadian Geodetic Datum elevation of 179.06 metres;
(L) Despite regulations 10.60.40.10(1) and (2), the permitted maximum height of a building or structure is the number in metres following the letters “HT” and the permitted maximum number of storeys in a building is the number following the letters “ST”, as shown on Diagram 3 of By-law [Clerks to insert By-law number];
(M) Despite regulations 10.5.40.10(2), (3), and (4) and (L) above, 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) parapets, mechanical units and associated screens, planters, architectural features, privacy screens by a maximum of 1.8 metres;
(ii) Stair enclosures and mechanical rooms to permit access to the rooftop terraces by a maximum of 3 metres; and,
(N) Despite (L) and (M) above and regulation 10.5.40.60(1) any walls, dividers, guardrails, screens, partitions or planters located on a platform permitted in H(ii) above, may project beyond the permitted maximum height shown on Diagram 3 of By-law [Clerks to insert By-law number] to a maximum permitted height of 1.8 metres, measured from the surface of the platform;
(O) For the purposes of this exception, stair enclosures and rooftop mechanical rooms set out in (M) above do not constitute a storey;
(P) Despite regulation 10.60.40.40(1), the permitted maximum gross floor area will be as follows:
(i) Detached houses to a maximum of 215 square metres for each detached house, and a combined maximum of 2,375 square metres
(ii) Building A to a maximum of 1,235 square metres;
(iii) Building B to a maximum of 1,260 square metres;
(iv) Building C to a maximum of 1,465 square metres;
(v) Building D to a maximum of 1,235 square metres; and
(vi) Building E to a maximum of 1,045 square metres.
(Q) Despite regulation 200.5.10.1 and Table 200.5.10.1, a minimum of 4 visitor parking spaces must be provided on the lot, but not in a building, of which one (1) parking space may be an accessible parking space;
(R) Despite regulation 200.5.1.10(2)(A)(iv) a parking space in an integral garage must have a minimum width of 3.0 metres;
(S) Despite clause 10.5.50.10, a minimum of 3,200 square metres of landscaping must be provided, of which:
(T) a minimum 2,500 square metres must be soft landscaping;
(U) Despite regulation 10.5.40.50(4)(A) a platform attached to or within 0.3 metres of a main wall containing the main pedestrian access to a dwelling unit may be no higher than 2.4 metres.
Prevailing By-laws and Prevailing Sections: (None Apply)
None of the provisions of By-law 569-2013, as amended, apply to prevent a temporary sales office on the lot used exclusively for the initial sale or initial leasing of dwelling units on the same lot for a period not to exceed 3 years commencing from the date of this By-law [Clerks to insert By-law number] comes into full force and effect, after which this temporary use permission expires.
Despite any severance, partition, or division of the lot, the provisions of this by-law must apply to the whole of the lot as if no severance, partition, or division occurred.
APPROVED BY THE OLT this __ day of ___, A.D. 2024.