Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 13, 2025
CASE NO.: OLT-21-001318
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: 2715649 Ontario Ltd.
Subject: Application to amend Zoning By-law No. 7625, as amended, of the former City of North York, and to amend Zoning By-law No. 569-2013, as amended, of the City of Toronto – failure to make a decision by the City of Toronto
Existing Zoning: “General Commercial CI” under Zoning By-law No. 7625, as amended, of the former City of North York, and “Commercial Residential CR1.0 (c1.0; r1.0)SS3” under Zoning By-law No. 569-2013, as amended, of the City of Toronto
Proposed Zoning: Site Specific (to be determined)
Purpose: To permit the development of a 12-storey mixed-use residential building with 206 dwelling units
Property Address/Description: 630-686 Finch Avenue East
Municipality: City of Toronto
Municipal File No.: 20 188104 NNY 17 OZ
OLT Case No.: OLT-21-001318
OLT File No.: OLT-21-001318
OLT Case Name: 2715649 Ontario Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Subject: Site Plan
Referred by: 2715649 Ontario Inc.
Property Address/Description: 630-686 Finch Avenue East
Municipality: City of Toronto
OLT Case No.: OLT-21-001318
OLT File No.: OLT-21-001319
BEFORE:
“Steven T. Mastoras”
MEMBER
and
“Steven Cooke”
Monday, the 3rd
VICE-CHAIR
day of February, 2025
THESE MATTERS having come before the Ontario Land Tribunal (“Tribunal”) as a Settlement Proposal, and approved at a public hearing on March 27, 2023, before Member Steven T. Mastoras and Vice-Chair Steven Cooke, and the Tribunal having issued a Decision on April 24, 2023 (“Decision”), followed by its amending Decision issued on May 3, 2023 (“amending Decision”), allowing the appeals, in part, pursuant to section 34(11) of the Planning Act, and section114(15) of the City of Toronto Act. Furthermore, with the Tribunal having provided its approval, in principle, and the Final Order withheld pending the Tribunal being advised by the City of Toronto Solicitor that such conditions listed in paragraph 50 of the Tribunal’s Decision have been fulfilled;
AND THE TRIBUNAL having been notified by Counsel for 2715649 Ontario Ltd. (“Applicant” / “Appellant”) that such conditions noted in Paragraph 50 of the Decision have been completed to the satisfaction of the City of Toronto and that the Applicant has therefore provided its consent for the Tribunal to issue its Final Order;
AND THE TRIBUNAL having been notified by Counsel for the Applicant that the City of Toronto has provided its consent for the Tribunal to issue its Final Order;
THE TRIBUNAL ORDERS that Zoning By-law No. 569-2013 is hereby amended and approved, and that the municipal clerk is authorized to format the Zoning By-law in accordance with Attachment 1 below as part of this Order, 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”
CITY OF TORONTO
BY-LAW [Clerks to insert By-law number]
To amend Zoning By-law 569-2013 with respect to the lands municipally known in the year 2024 as 630-696 Finch Avenue East
Whereas the Ontario Land Tribunal, in its Decision issued on [date] and its Order issued on [date] in respect of Tribunal file OLT-21-001318, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, determined to amend of Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 630-696 Finch Avenue East; and
Whereas pursuant to Section 39 of the Planning Act, as amended, a by-law passed under Section 34 of the Planning Act, may 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:
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, as amended, Chapter 800 Definitions.
3. 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 CR 1.0 (c1.0; r1.0) SS3 to zone labels of CR (c1.0; r1.0) SS3 (x1071) and ON as shown on Diagram 2 attached to this By-law;
4. Zoning By-law No. 569-2013, as amended, is further amended by adding to Article 900.11.10 Exception Number 1071 so it reads:
(1071) Exception CR 1071
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 the lands municipally known as 630-696 Finch Avenue East, if the requirements of By-law [Clerks to supply by-law ##] are complied with, a building or structure may be constructed in compliance with Regulations (B) to (T) 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 elevation of 146.80 metres and the elevation of the highest point of the building or structure;
(C) Despite Regulation 40.10.40.40(3), the permitted maximum gross floor area of all buildings and structures is 32,000 square metres, of which:
(i) the permitted maximum gross floor area for residential uses is 31,100 square metres; and
(ii) the minimum required gross floor area for non-residential uses is 900 square metres;
(D) In addition to the elements listed in Regulation 40.5.40.40(3) that reduce gross floor area, the following elements will also apply to reduce the gross floor area of a mixed use building:
(i) parking, loading and bicycle parking at or above-ground; and
(ii) storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms at or above-ground, provided they are not located within a dwelling unit;
(E) Despite Regulation 40.10.40.10(3), the permitted maximum height of a building or structure is the number in metres following the letters “HT” as shown on Diagram 3 of By-law [Clerks to supply by-law ##];
(F) Despite Regulation 40.10.40.10(7), the permitted maximum number of storeys in a building or structure is the number following the letters “ST” as shown on Diagram 3 of By-law [Clerks to supply by-law ##];
(i) for the purposes of this exception, a mezzanine or mechanical penthouse does not constitute a storey;
(G) Despite regulations 40.5.40.10(4) to (8), and (E) above, the following equipment and structures may project beyond the maximum height shown on Diagram 3 of By-law [Clerks to supply by-law ##]:
(i) Equipment used for the functional operation of the building, including electrical, utility, mechanical and ventilation equipment, as well as enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, by a maximum of 6.6 metres;
(ii) structures that enclose, screen or cover the equipment, structures and parts of a building listed in (i) above, including a mechanical penthouse, by a maximum of 6.6 metres;
(iii) Architectural features above the elements listed in (i) and (ii) above, may further exceed the permitted maximum height by a maximum of 1.6 metres;
(iv) architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 2.0 metres;
(v) elements and structures associated with building maintenance and window washing equipment, up to 3.6 metres;
(vi) planters, landscaping features, lighting fixtures, and unenclosed structures providing safety, wind protection and acoustical screening by a maximum of 3.0 metres;
(vii) guard rails, and divider screens on a balcony and/or terrace, by a maximum of 1.8 metres; and
(viii) Trellises, pergolas, and unenclosed structures used for rooftop outdoor recreation, by a maximum of 3.6 metres;
(H) Despite Regulations 40.5.40.10(5)(A) and (B), the total area of all equipment, structures, or parts of a building may cover no more than 60% of the area of the roof, measured horizontally and may be no closer than 6.0 metres of a lot line abutting a street;
(I) Despite regulation 40.10.40.70(3), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law number];
(J) Despite regulation 40.10.40.80(2), the required separation of main walls are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law number];
(K) Despite Clauses 40.5.40.60 and 40.10.40.60, and (I) and (J) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(i) decks and porches, by a maximum of 3.0 metres;
(ii) balconies, by a maximum of 2.2 metres;
(iii) Privacy screens by a maximum of 5.0 metres;
(iv) canopies and awnings, by a maximum of 3.0 metres;
(v) cladding added to the exterior surface of the main wall of a building, by a maximum of 0.4 metres;
(vi) architectural features, such as pilasters, decorative columns, cornice, sills, belt courses, or chimney breasts by a maximum of 0.4 metres;
(vii) eaves, by a maximum of 0.9 metres;
(viii) heating, cooling and ventilation equipment, building maintenance units and window washing equipment, antennae, vents and pipes, by a maximum of 3.0 metres; and
(ix) exterior stairs, access ramps and elevating devices, to be no closer to a lot line than 0.3 metres;
(L) Regulation 40.10.30.40(1) with respect to maximum lot coverage does not apply;
(M)Regulation 40.10.40.1(2)(A) with respect to the floor level of the first storey does not apply;
(N) Regulation 40.10.40.10(5) with respect to the required minimum height of the first storey does not apply;
(O) Despite Regulation 40.10.50.10(3), a minimum 1.0 metre wide strip of land used only for soft landscaping must be provided along the part of the lot line abutting a lot in the Residential Zone category or Residential Apartment Zone category;
(P) Despite Regulation 970.10.15.5(1) and Table 970.10.15.5, parking spaces must be provided in accordance with the following:
(i) a minimum of 0.7 residential occupant parking spaces for each bachelor dwelling unit up to 45 metres and 1.0 parking space for each dwelling unit greater than 45 square metres;
(ii) a minimum of 0.8 residential occupant parking spaces for each one-bedroom dwelling unit;
(iii) a minimum of 0.9 residential occupant parking spaces for each two-bedroom dwelling unit;
(iv) a minimum of 1.1 residential occupant parking spaces for each three-bedroom dwelling unit;
(v) a minimum of 0.15 parking spaces per dwelling unit for residential visitors;
(vi) a minimum of 1.0 parking spaces for each 100 square metres of gross floor area of a retail store; and
(vii) non-residential parking spaces and residential visitor parking spaces required by (v) and (vi) above may be provided on a non-exclusive basis for use by both residential visitors and non-residential uses;
(Q) Despite regulation 200.5.1.10(2)(A), a maximum of 3 percent of provided parking spaces may be small car parking spaces with minimum dimensions less than required by regulation 200.5.1.10(2)(A), provided they have the following minimum dimensions:
(i) length of 5.0 metres;
(ii) width of 2.6 metres; and
(iii) vertical clearance of 2.0 metres;
(R) Despite regulation 200.5.1.10(2)(A)(iv), a maximum of 5 percent of the required parking spaces may be obstructed as described in regulation 200.5.1.10(2)(D) on one side without being required to provide additional width for the obstructed sides of the parking space; and
(S) Despite Regulations 970.10.15.5(11), a minimum of 7 of the required parking spaces are required to be accessible parking spaces;
(T) Despite Regulations 220.5.10.1(2) and (3), one Type ‘G’ loading space is required.
Prevailing By-laws and Prevailing Sections: (None apply).
5. 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.
6. None of the provisions of this by-law shall apply to prevent the phased construction of the development of the lot or partial occupancy of the non-residential areas within the building, provided that the minimum requirements of this by-law are complied with upon full development of the lot.
Ontario Land Tribunal Decision issued on [date] and Order issued on [date] in File OLT-21-001318.