Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

April 10, 2025

CASE NO(S).:

OLT-24-000212

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

Applicant and Appellant:

NDI (2 Post Road) Inc.

Subject:

Request to amend the Official Plan – Failure to adopt the requested amendment

Description:

To permit the development of a 4 storey residential building with 55 residential units.

Reference Number:

23 145949 NNY 15 OZ

Property Address:

8 and 10 Hyde Park Circle

Municipality/UT:

Toronto

OLT Case No.:

OLT-24-000212

OLT Lead Case No.:

OLT-24-000212

OLT Case Name:

NDI (2 Post Road) Inc. v. Toronto (City)

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

Applicant and Appellant:

NDI (2 Post Road) Inc.

Subject:

Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description:

To permit the development of a 4 storey residential building with 55 residential units.

Reference Number:

23 145949 NNY 15 OZ

Property Address:

8 and 10 Hyde Park Circle

Municipality/UT:

Toronto

OLT Case No.:

OLT-24-000213

OLT Lead Case No.:

OLT-24-000212

OLT Case Name:

NDI (2 Post Road) Inc. v. Toronto (City)

Heard:

January 17, 2025 by video hearing

APPEARANCES:

Parties

Counsel

NDI (2 Post Road) Inc. ("Applicant")

David Bronskill

City of Toronto ("City")

Jessica Amey

MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON JANUARY 17, 2025 AND INTERIM ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1This matter before the Tribunal was with respect to the Official Plan Amendment ("OPA") pursuant to Section 22(7) and a Zoning By-law Amendment ("ZBA") pursuant to Section 34(11) of the Planning Act ("Act") sought by the Applicant. The Applications will permit the development of a four-storey residential building with 55 residential units and a gross floor area of 10,202 square metres ("sq m") on the north/west corner of Bayview Avenue and Post Road in the City of Toronto ("City").

2The Appeals brought to the Tribunal are a result of the City's failure to make a decision on the OPA and ZBA Applications within the legislatively required time.

3The Tribunal heard that a settlement had been reached and was presented in consideration for the Tribunal.

4Prior to the presentation of the Settlement, the Tribunal was informed of a Participant request by David Morton. The Tribunal acknowledged the tardiness of the requested submission and canvassed Counsel for their opinions. There were no objections. The Tribunal granted Mr. Morton Participant Status.

THE PROPOSAL

Site and Building Statistics

Site Area

7,309 sq. m (1.8 ac)(0.73 ha)

Total (Residential) GFA

13,235 sq. m

Floor Space Index

1.81

Units

2 Bedroom

45 (73%)

3 Bedroom

17 (27%)

Total

62 (100%)

Amenity Space

Indoor Amenity Space

150 sq. m (2.4 sq.m./unit)

Outdoor Amenity Space

203 sq. m (3.3 sq.m./unit)

Total

353 sq.m. (5.7 sq.m./unit)

Height

Building Height

5-storeys (21.7m + 4.8m MPH)

Parking

Number of Vehicle Parking Spaces

155 (130 residential + 25 visitor)

Number of Bicycle Parking Spaces

60 (50 long-term + 10 short-term)

EVIDENCE AND SUMMARY OPINION

5The Tribunal was presented with the Affidavit and Witness Statement of Michael Goldberg, Principal of Goldberg Group Inc, a planning consulting firm specializing in land use planning and development management services in support of the Settlement.

6Mr. Goldberg provided that the subject lands are:

• located at the northeast corner of Bayview Avenue and Post Road. Post Road is located approximately 1.0 km from York Mills Road to the north and approximately 0.7 km from Lawrence Avenue East to the south;

• irregularly shaped approximately 7,309 sq m (1.8 ac)(0.73 ha) in size;

• currently two single detached lots, containing two single detached dwellings, with frontage along the local cul-de-sac street of Hyde Park Circle;

• share lot lines along Bayview Avenue to the west and Post Road to the south. As proposed to be reorientated, the site has a frontage of approximately 130 m (426 ft) on Bayview Avenue, a frontage of 55 m (180 ft) on Post Road, and a depth from Bayview Avenue of approximately 60 m (197 ft);

• legally described as Lot 6 and 7 Registered Plan 66M-2109 City of Toronto.

Official Plan Amendment

7Mr. Goldberg provided that the subject site is designated Neighbourhoods in the City of Toronto Official Plan ("City OP"). The Neighbourhoods land use designation is made up of detached houses, semi-detached houses, duplexes, triplexes, townhouses and apartment building 4-storeys or less.

8An OPA is required to permit the proposed development of 5 storeys.

Zoning By-Law Amendment

9Mr. Goldberg informed the Tribunal that the subject site is designated as Residential Detached (RD) under the new City-wide Zoning By-law No. 569-2013. This zoning classification does not impose a maximum density limit and allows for a maximum building height of 11.5 meters ("m") or 3 storeys. It primarily permits single detached dwellings and prohibits apartment buildings. The zone requires a minimum lot frontage of 30.0 m and a minimum lot area of 3,350.0 sq m. Additionally, the site is subject to site-specific exception RD x 69, which includes unique provisions for this location.

10Under the former North York Zoning By-law No. 7625, the subject site is classified as Residential District 1 (R1). The R1 zone permits similar uses and development standards as By-law No. 569-2013, including single detached dwellings, a maximum height of 9.5 m or 3 storeys, and a minimum lot frontage of 30.0 m. An apartment building use, and zoning standards related to use, setbacks, building projections, and building height, among other things, will be needed to permit the proposed development.

11As confirmed by City Zoning, an amendment to City-wide Zoning By-law No. 569-2013 is required to implement the redevelopment proposal.

Settlement with the City

12An offer of Settlement was prepared by Counsel for the Applicant dated September 23, 2024. Toronto City Council accepted the offer for Settlement on October 9, 2024.

13Through the City Council resolution dated October 9, 2024, it was the requested that the Tribunal withhold its Order until such time as the Tribunal has been advised by the City Solicitor that the following conditions have been satisfied:

a) the final form and content of the draft Official Plan Amendment and Zoning By-law amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b) the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the application, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

c) the owner has provided a revised Traffic Impact Study, including acceptable Transportation Demand Measures (TDM), to the satisfaction of the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning Division;

d) the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the application, inclusive of sanitary sewer easement issues and storm overland easement issues, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;

e) the owner has made satisfactory arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades and/or road improvements are required to the infrastructure to support the development, according to the accepted Engineering Reports and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services.

14Mr. Goldberg opined that the settlement proposal;

1. Has regard for matters of provincial interest under Section 2 of the Act,

2. Is consistent and does not conflict with the Provincial Planning Statement ("PPS") 2024, as the proposed development promotes the achievement of numerous policy directions which support intensification.

3. Conforms to the City's Official Plan as the subject site can appropriately, and in a compatible manner, accommodate the height and density proposed.

4. Is appropriate for the Subject Lands, represents good planning, and is in the public interest.

FINDINGS

15Based on the uncontradicted expert opinion of Mr. Goldberg and a thorough review of the relevant provisions of the Act, the PPS, and City's Official Plan, the Tribunal finds that the proposed settlement of the OPA and ZBA will significantly enhance the diversity of housing options in the City by promoting necessary intensification within the Built-Up Area.

16The Tribunal finds that the proposed development stems from a design process focused on achieving optimal architecture, massing, transition, and interface within the context of the site. The plan to redevelop the site with a 5-storey residential building is both suitable and desirable, ensuring compatibility with the existing and future context of the area.

17The Tribunal finds that the proposal is fair and reasonable and that the resulting OPA and ZBA exemplifies sound, suitable, and beneficial planning that serves the public interest.

INTERIM ORDER

18THE TRIBUNAL ORDERS THAT the appeal is allowed in part on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified below.

19The Official Plan Amendment and Zoning By-law Amendment No. 569-2013 as in set out in Attachments 1 and 2 respectively to this Interim Order, are hereby approved in principle.

20The Tribunal will withhold the issuance of its Final Order contingent upon confirmation of the City Solicitor, of the following pre-requisite matters:

1. the Tribunal has received, and approved, the proposed Official Plan Amendment and Zoning By-law Amendment(s) submitted in a form and content confirmed to be satisfactory to the City Solicitor and Chief Planner and Executive Director, City Planning;

2. the Tribunal is advised that the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, as they relate to the application, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

3. the Tribunal is advised that the owner has provided a revised Traffic Impact Study, including acceptable Transportation Demand Measures, to the satisfaction of the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning;

4. the Tribunal is advised that the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the application, inclusive of sanitary sewer easement issues and storm overland easement issues, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water; and,

5. the Tribunal is advised that the owner has made satisfactory arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades and/or road improvements are required to the infrastructure to support the development, according to the Engineering Reports and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services, recognizing that the City may request a Holding provision (H) to be included in the final form of the site-specific Zoning By-law Amendment, not to be lifted until such time as the owner has made satisfactory arrangements, including entering into appropriate agreement(s) with the City, for the design and construction of any improvements to the municipal infrastructure and provision of financial. securities to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

21The Member will remain seized for the purposes of reviewing and approving the final draft of the Official Plan Amendment and Zoning By-law Amendment and the issuance of the Final Order.

22If the Parties do not submit the final drafts of the Official Plan Amendment and Zoning By-law Amendment, and provide confirmation that all other contingent pre-requisites to the issuance of the Final Order set out in paragraph twenty (20) above have been satisfied, and do not request the issuance of the Final Order, by Friday, October 10, 2025, the Applicant and the City shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the draft Official Plan Amendment and Zoning By-law Amendment and issuance of the Final Order by the Tribunal.

"Carmine Tucci"

CARMINE TUCCI

MEMBER

Ontario Land Tribunal

Website: www.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

Draft: January 2025

Authority: Ontario Land Tribunal Decision issued on

CITY OF TORONTO

BY-LAW _______2024

To adopt Amendment No. ~ to the Official Plan for the City of Toronto respecting the lands known municipally in the year 2024 as

8 and 10 Hyde Park Circle

WHEREAS authority is given to Council under the Planning Act, R.S.O. 1990, c.P. 13, as amended, to pass this By-law;

WHEREAS Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;

The Council of the City of Toronto HEREBY ENACTS as follows:

1. The attached Amendment No. ~ to the Official Plan is hereby adopted pursuant to the Planning Act, as amended.

2. This By-law shall come into force and take effect on the day of the final passing thereof.:

Enacted and passed on , 2025. John D. Elvidge,

City

Frances Nunziata,

Speaker Clerk

(Seal of the City)

AMENDMENT NO. ~ TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2024 AS

8 and 10 Hyde Park Circle

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

XX. 8 and 10 Hyde Park Circle

A five (5) storey residential building is permitted on the lot.

ATTACHMENT 2

Authority: Ontario Land Tribunal decision issued on , 20 in Tribunal Case OLT-24-000213

CITY OF TORONTO BY-LAW____-2024

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 8 and 10 Hyde Park Circle.

Whereas the Ontario Land Tribunal in its decision issued on , 20 in Tribunal Case OLT-24- 000213, in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, cP.13, as amended ordered the amendment of City of Toronto By-law 569-2013, as amended with respect to lands municipally known in the year 2024 as 8 & 10 Hyde Park Circle.

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 [Clerk to provide 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 Article 900.2.10 Exception Number x so that it reads:

Exception Rx (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) The lot comprises the lands delineated by heavy lines on Diagram 1, attached to By- law [Clerk to provide By-law #];

(B) No part of any building or structure erected or used above established grade is permitted to be located outside the areas delineated by the heavy lines as shown on Diagram 1, attached to By-law [Clerk to provide By-law #];

(C) If the following are complied with then an apartment building may be constructed in compliance with (D) to (K) below;

(D) Despite Regulation 10.10.40.40(1), the permitted maximum gross floor area of all buildings and structures must not exceed a maximum 12,000 square metres;

(E) Despite Regulation 10.10.40.10(1), the height of a building or structure must not exceed the maximum height in metres specified by the numbers following the "HT" symbol as shown on Diagram 3 of By-law [Clerk to provide By-law #];

(F) Despite regulation 10.5.40.10(1), of By-law [Clerk to provide By-law #], the height of a building or structure is the vertical distance between the Canadian Geodetic Datum elevation of 154.83 metres and the highest point of the building or structure;

(G) Despite Regulation 10.10.40.10(3), (5), and (10), the following building elements, structures and projections are permitted to exceed the maximum heights as delineated by the letter "HT" as shown on Diagram 3, of By-law [Clerk to provide By-law #]:

i. Architectural features, air intake and handling units, awnings, balconies, bicycle racks, bollards, canopies, chimneys, communication equipment, cooling tower, cornices, eaves, elevator enclosures and overruns, fences, flues, green roof, guardrails, insulation and roof surface materials, landscape and public art features, lighting fixtures, mechanical penthouses, ornamental elements, parapets, pipes, planters, platforms, railings, retaining walls, screens, stacks, stairs, stair enclosures, terraces, trellises, underground garage ramps and their associated structures, vents, walkways, wheel chair ramps, wind protection, window sills, and window washing equipment; and

ii. Elements or structures on any portion of a roof used for outside or open air recreation, including required residential amenity space;

(H) Despite Regulation 10.10.40.70, the following building elements, structures and projections are permitted to encroach into the required minimum building setbacks as shown on Diagram 3 of By-law [Clerk to provide By-law #]:

i. cornices, ornamental elements, pillars, art and landscape features, awnings, balconies, canopies, parapets, railings, wind screens, balcony guards, handrails, window sills, terraces, trellises, light fixtures, scuppers, fall-arrest systems, window washing equipment, site servicing features, insulation and building envelope membranes, bollards, built-in planter boxes;

ii. patios, decks, doors, wheelchair ramps, hose bibs, ventilation shafts and mechanical grilles; and

iii. balconies and associated elements, including screens and planters.

(I) Despite regulation 200.5.10.1(1) and Table 200.5.10.1 parking spaces shall be provided and maintained on the lot as follows:

i. A maximum of 155 parking spaces shall be provided and maintained on the lot for use by the residents of the building;

ii. A maximum of 12 parking spaces shall be provided and maintained on the lot for use by the residential visitors and retail visitors of the building; and

iii. A maximum of 3 valet parking spaces shall be provided and maintained on the lot for use by the residents or residential visitors of the building;

(J) Bicycle parking spaces shall be provided on the lot in accordance with the following:

i. a minimum of 0.68 long-term bicycle parking spaces shall be provided for each dwelling unit;

ii. a minimum of 0.07 short term bicycle parking spaces shall be provided for each dwelling unit; and

(K) Loading spaces shall be provided and maintained on the lot in accordance with the following:

iii. One – loading space - Type 'G';

4. For the purposes of this By-law, each word or expression that is bolded in the By-law shall have the same meaning as each such word or expression as defined in By-law 569-2013, as amended, with the exception of the following terms:

(A) Height means the vertical distance between established grade and the highest point of the building, as shown on Diagram 3, exclusive of any elements described in 3. (G) above;

(B) Lot means those lands identified in heavy line on Diagram 1 attached to and forming part of this By-law; and

(C) Valet Parking Spaces means parking spaces for cars that are parked and retrieved by an attendant and can be used by residents and residential visitors.

5. The provisions of this by-law will continue to apply despite any future severance, partition, dedication or division of the lands outlined by heavy black lines on Diagram 1 attached to this By-law. No provision in the former City of Toronto Zoning By-law 7625 applies to the lands in Diagram 1 of this by-law.

Prevailing By-laws and Prevailing Sections:

(A) None Apply

Conditions for Approval of Final Order

The parties request that the Ontario Land Tribunal withhold the issuance of any final Order(s) until such time as:

a. the final form and content of the draft Official Plan Amendment and Zoning By-law amendments are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the application, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

c. the owner has provided a revised Traffic Impact Study, including acceptable Transportation Demand Measures (TDM), to the satisfaction of the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning Division;

d. the owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the application, inclusive of sanitary sewer easement issues and storm overland easement issues, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;