ISSUE DATE:
August 1, 2025
CASE NO(S).:
OLT-22-002139
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
KG Oakburn Apartments Ltd.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the construction of two 18-storey residential buildings
Reference Number:
21 185510 NNY 18 OZ
Property Address:
2-4, 6, 8 and10-12 Oakburn Crescent
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-002139
OLT Lead Case No:
OLT-22-002139
OLT Case Name:
KG Oakburn Apartments Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
KG Oakburn Apartments Ltd.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the construction of two 18-storey residential buildings
Reference Number:
21 185510 NNY 18 OZ
Property Address:
2-4, 6, 8 and10-12 Oakburn Crescent
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-002140
OLT Lead Case No:
OLT-22-002139
OLT-22-002139
BITA M. RAJAEE
Friday, the 1st day of
MEMBER
August, 2025
THIS MATTER having come on for a public hearing on June 20, 2023, and the Tribunal by way of a decision issued on July 28, 2023 (“Decision”), having determined that the appeals under sections 22(7) and 34(11) of the Planning Act (“Appeals”) should be allowed, in part, and having approved the proposed redevelopment of the lands known municipally in the City of Toronto as 2-12 Oakburn Crescent, but withholding its final order pending the Tribunal being advised by the Parties that certain pre-conditions (“Pre-Conditions”) had been satisfied;
AND THE TRIBUNAL having been advised by the Parties that the Pre-Conditions have been satisfied, including to the satisfaction of the City;
AND THE TRIBUNAL being satisfied that its direction as set out in the Decision has been met;
THE TRIBUNAL HEREBY ORDERS that the Appeals are allowed and that the City of Toronto Official Plan, as amended, is hereby amended in the manner set out in
“Attachment 1” to this Order, and that Zoning By-law No. 7625 of the former City of North York, as amended, is hereby amended in the manner 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 of this by-law for record keeping purposes.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN REGISTRAR
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 OFFICIAL PLAN AMENDMENT
Authority: Ontario Land Tribunal Decision and Order issued on July 28, 2023, and its Final Order issued on Month, Date, 2025, in Tribunal File OLT- 22-002139
CITY OF TORONTO
BY-LAW No. XXX-2024(OLT)
To adopt Amendment No. 672 to the Official Plan for the City of Toronto with respect to lands known municipally in the year 2024 as 2-4, 6, 8 and 10-12 Oakburn Crescent.
Whereas the Ontario Land Tribunal pursuant to its Decision issued on July 22, 2022, and Order issued on July 28, 2023, in Case OLT-22-002139 upon hearing an appeal under Section 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended, deems it advisable to amend the Official Plan for the City of Toronto;
The Official Plan for the City of Toronto is amended by the Ontario Land Tribunal:
- The attached Amendment No. 672 to the Official Plan is hereby adopted pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended.
Ontario Land Tribunal Decision issued on July 25, 2022, and Order issued on July 28, 2023, in Case OLT-22-002139.
AMENDMENT NO. 672 TO THE TO THE OFFICIAL PLAN LANDS MUNICIPALLY KNOWN IN THE YEAR 2022 AS 2-12 OAKBURN
CRESCENT
The Official Plan of the City of Toronto is amended as follow:
- Chapter Six, Section 8 (North York Centre Secondary Plan) is amended by modifying Secondary Plan Section 12, North York Centre South Site Specific Policies, by adding the following Site Specific Policy No. 34:
- 2-4, 6, 8 and 10-12 Oakburn Crescent (34 on Map 8-12)
(a) Notwithstanding the Density Limits prescribed in Section 3.2 or shown on Map 8-6, a maximum of 38,500 square metres of residential gross floor area with a maximum density of 4.85 times the lot area is allowed on the Lands.
(b) None of the provisions of Section 3.3, Figure 3.3.1 and/or Section 3.4 shall apply to the Lands.
(c) None of the provisions of Section 1.17 and Policy 5.3.6 shall apply to the Lands.
(d) Pursuant to Section 5.4.2 of this Secondary Plan, maximum building height on the Lands known as 2-4, 6, 8 and 10-12 Oakburn Crescent shall be 40 metres and shown on Map 8-8d.
(h) A maximum of 590 dwelling units will be permitted on the Lands.
(i) Notwithstanding the provisions of Section 4.6.1(b), and/or Appendix 1, the following shall apply:
(i) vehicular parking shall be provided as follows:
a minimum rate of 0.35 spaces for each residential dwelling unit;
a minimum rate of 0.10 spaces of visitor parking spaces for each dwelling unit;
(j) Notwithstanding the provisions of Section 4.6.1(f) and/or Appendix 1(a), the required bicycle parking spaces may be provided below grade.
Map 8-8d of Chapter Six, Section 8 (North York Centre Secondary Plan) entitled “Maximum Height Limits”, are amended with respect to the lands shown in heavy outline on Schedule “1” attached.
Map 8-12 of Chapter Six, Section 8 (North York Centre Secondary Plan) entitled “North York Centre South Site Specific Policies”, is amended in accordance with Schedule “2” attached.
Schedule “1”
Schedule “2”
ATTACHMENT 2
ZONING BY-LAW AMENDMENT TO
BY-LAW NO. 7625 OF THE FORMER CITY OF NORTH YORK
Authority: Ontario Land Tribunal Decision and Order issued on July 28, 2023, and its Final Order issued on Month, Date, 2025, in Tribunal File OLT-22-002139
CITY OF TORONTO BY-LAW -2024(OLT)
To amend former City of North York Zoning By-law 7625, as amended with respect to lands municipally known in the year 2024 as 2-4, 6, 8 and 10-12 Oakburn Crescent.
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 of the Planning Act, R.S.O. 1990, c. P.13, as amended; and
WHEREAS the Ontario Land Tribunal, by its Decision issued on July, 28, 2023 in Tribunal File OLT-22-002139, determined to amend Zoning By-law No. 7625 of the former City of North York, as amended, with respect to the lands known municipally as 2-12 Oakburn Crescent;
Pursuant to the Decision of the Ontario Land Tribunal, By-law 7625 is further amended as follows:
Schedules “B” and “C” of By-law No. 7625 of the former City of North York, as amended, are amended in accordance with Schedule "1" of this By-law.
Section 64.20-A of By-law 7625 of the former City of North York is amended by adding the following subsection:
“64.20-A (296) RM6 (296) DEFINITIONS
BICYCLE PARKING
(a) For the purpose of this exception, "bicycle room" shall mean an enclosed indoor space that is designed and equipped exclusively for the purpose of parking and securing bicycles.
(b) For the purpose of this exception, "bicycle parking space" shall mean an area that is equipped with a bicycle rack, bicycle stacker, or a locker designed exclusively for the purpose of parking and securing bicycles, and:
i) where the bicycles are to be parked on a horizontal surface, has horizontal dimensions of at least 0.6 metres by 1.8 metres;
ii) where the bicycles are to be parked in a vertical position, has horizontal dimensions of at least 0.6 metres by 1.2 metres; and
iii) where bicycles are to be parked in a bicycle rack or in a stacked manner, bicycles may be parked in a secured room or area, in bicycle lockers or on a rack/hook on a wall associated with a vehicle parking space on any parking level so long as such rack/hook does not encroach into a vehicle parking space and in all such cases the dimensions in (i) and (ii) shall not apply.
ESTABLISHED GRADE
(c) For the purpose of this exception, "established grade" shall mean the geodetic elevation of 171.50 metres.
GROSS FLOOR AREA
(d) For the purposes of this exception, the “gross floor area” shall mean the aggregate of the areas of each floor, measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, including any areas used as balconies, but excluding:
i) parking, loading and bicycle parking below established grade;
ii) required loading spaces and required bicycle parking spaces at or above established grade;
iii) storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms in the basement;
iv) shower and change facilities required by this By-law for required bicycle parking spaces;
v) indoor amenity space required by this By-law;
vi) elevator shafts;
vii) garbage shafts;
viii) mechanical penthouse;
ix) balconies and terraces; and
x) exit stairwells in the building. TYPE “C” LOADING SPACE
(e) For the purpose of this exception, a “Type “C” Lading Space” shall have the following minimum dimensions:
i. length of 6.0 metres;
ii. width of 3.5 metres; and
iii. vertical clearance of 3.0 metres.
TYPE “G” LOADING SPACE
(f) For the purpose of this exception, a “Type “G” Loading Space” shall have the following minimum dimensions:
i. length of 13.0 metres;
ii. width of 4.0 metres; and
iii. vertical clearance of 6.1 metres.
PERMITTED USES
(g) The only permitted uses on the lands subject to this By-law shall be:
i. an apartment house dwelling and accessory uses thereto including private recreational amenity areas and common outdoor space; and
ii. a. temporary sales centre.
EXCEPTION REGULATIONS
MAXIMUM GROSS FLOOR AREA
(h) The maximum gross floor area permitted for the buildings, as identified on Diagram 3 shall not exceed 38,500 square metres.
(i) The maximum gross floor area permitted shall not exceed 4.85 times the gross site area of the lands, as identified on Schedule 1.
NUMBER OF DWELLINGS UNITS
(j) The maximum number of dwelling units shall be 590 units for the lands, as identified on Schedule 1.
BUILDING HEIGHT
(k) The building height, measured from established grade, shall not be less than the minimum heights, where applicable, and shall not exceed the maximum heights shown on Schedule RM6(296), and shall exclude the following:
i. mechanical penthouse not exceeding 6 metres in height;
ii. Parapets, railings, roof drainage, thermal insulation and roof ballast, terraces, terrace or balcony guards and dividers, planters, stairs and stair enclosures, wall or structure enclosing such elements and railings, window washing equipment, lighting fixtures, vents, flues, pipes, access roof hatch, generators, outdoor furniture, heating, cooling or ventilating
3
equipment or a fence, and structures located on the roof used for outside or open air recreation, safety or wind protection purposes.
BUILDING ENVELOPES
(l) The building envelopes shall be provided in accordance with Schedule RM6(296). SETBACKS
(m) Setbacks shall be provided in accordance with Schedule RM6(296), except for projections permitted in Section 6(9) of By-law 7625 as well as the following elements:
i. Balconies to a maximum of 2.0 metres;
ii. Architectural features to a maximum of 2.8 metres; and
iii. Canopies to a maximum of 1.0 metres.
PARKING
(n) Parking for residential uses shall be provided at the following rates:
i. a minimum of 0.35 parking spaces per dwelling for residential use; and
ii. a minimum of 0.10 parking spaces per dwelling unit for visitor use.
(o) Bicycle parking spaces shall be provided with the following requirements:
i. 0.68 long-term bicycle parking space per residential unit;
ii. 0.07 short-term bicycle parking space per residential unit;
LOADING
(p) Notwithstanding subsections 6A(16)(a)(iv) and 6A(16)(c)(i), the following minimum number of loading spaces shall be provided:
i. 1 Type “C” loading space; and
ii. 1 Type “G” loading space.
PRIVATE OUTDOOR AND INDOOR AMENITY SPACE
(q) Amenity space shall be provided at a minimum rate of 4.0 square metres per dwelling unit, of which:
i. At least 2.0 square metres for each dwelling unit is indoor amenity space;
ii. At least 40.0 square metres is outdoor amenity space in a location adjoining or directly accessible to the indoor amenity space; and
iii. No more than 25% of the outdoor component may be a green roof. SEVERANCE
(r) Despite any future severance, partition or division of the lands, the provisions of this By-law shall apply as if no severance, partition or division occurred.
Section 64.20-A of By-law 7625 of the former City of North York is amended by adding Schedule RM6 (296) attached to this By-law.
Within the lands shown on Schedule RM6 (296) attached to this By-law, no person shall use any land or erect or use any building or structure unless municipal services are provided to the lot line and the following provisions are complied with:
(a) all new public roads have been constructed to a minimum of base curb and base asphalt and are connected to an existing public highway; and
(b) all water mains and sanitary sewers, and appropriate appurtenances, have been installed and are operational.
- Where any provision or Schedule of By-law No. 7625 of the former City of North York, as amended, conflicts with this By-law, this By-law shall prevail.
Ontario Land Tribunal Decision and Order issued on July 28, 2023, in Tribunal File OLT-22- 002139.