Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 06, 2025

CASE NO(S).: OLT-22-002812

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

Appellant: Tilzen Holdings Limited Subject: Request to amend the Official Plan – Refusal of request Description: To permit the construction of an 11-storey mixed use building with retail on the ground floor Reference Number: 17 264567 NNY 23 OZ Property Address: 145 Sheppard Avenue East Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-002812 Legacy Case No: PL180688 OLT Lead Case No: OLT-22-002812 Legacy Lead Case No: PL180688 OLT Case Name: Tilzen Holdings Limited v. Toronto (City)

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

Appellant: Tilzen Holdings Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the construction of an 11-storey mixed use building with retail on the ground floor Reference Number: 17 264567 NNY 23 OZ Property Address: 145 Sheppard Avenue East Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-003741 Legacy Case No: PL180307 OLT Lead Case No: OLT-22-002812 Legacy Lead Case No: PL180688

PROCEEDING COMMENCED UNDER section 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A.

Appellant: Tilzen Holdings Limited Subject: Site Plan Description: To permit the construction of an 11-storey mixed use building with retail on the ground floor Reference Number: 17 264570 NNY 23 SA Property Address: 145 Sheppard Avenue East Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-003739 Legacy Case No: MM180036 OLT Lead Case No: OLT-22-002812 Legacy Lead Case No: PL180688

Heard: January 24, 2025 by video hearing

APPEARANCES:

Parties	Counsel
Tilzen Holdings Limited (Appellant/Applicant)	Daniel Artenosi
City of Toronto	Mark Crawford

DECISION DELIVERED BY K.R. ANDREWS ON JANUARY 24, 2025 AND INTERIM ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION and background

1This matter involves a Zoning By-law Amendment (“ZBA”) and Official Plan Amendment (“OPA”) application, which were concurrently commenced in 2017 and subsequently appealed in 2018. The OPA and ZBA applications originally sought to permit the redevelopment of the Subject Lands, municipally known as 145 Sheppard Avenue East (currently vacant and being utilized as a surface parking lot), with an 11-storey mixed use building containing residential uses on the above-ground floors, retail at-grade, and five (5) underground parking levels. In 2024, Jiljan Inc. and Romby Investments Limited were added as a party to the appeal, being the owners of the property municipally known as 143 Sheppard Avenue East, which is located to the immediate west of the Subject Lands.

2More recently, the proposal has been revised in principle to the satisfaction of all the parties. However, a full settlement is contingent upon the Appellant’s acquisition of a 1.32 metre-wide strip of public laneway that abuts the Subject Lands to the east. The Tribunal understands that this acquisition has yet to occur but is expected. Consequently, the parties are seeking an interim order which approves the planning instrument necessary to facilitate the revised proposal, with the final order withheld pending satisfaction of various steps, including the conveyance of the laneway strip of land.

3The above noted settlement involves the following changes to the original proposal:

1.32 metres of land will be added to the eastern lot line, with parts of the acquired 1.32 metre area to be subject to an access easement in favour of the adjacent lands.
The height has been reduced from 11-storeys to 7-storeys, exclusive of the mechanical penthouse, and the terracing on the south end of the Subject Lands has been removed. An approximately 3.5-6.0 metre step-back is provided to the rear main wall above the 6th floor.
A reduced footprint results in a reduction of the total Gross Floor Area (“GFA”) from 6,510 square meters to 2,748 square meters inclusive of: i. approximately 2,667 square metres of residential GFA; and ii. approximately 81 square metres of commercial GFA located on the ground floor, with access from the Sheppard Avenue East frontage;
The total unit count has been reduced from 55 units to 30 units.
The proposed underground parking has been reduced from 5 levels to 1 level, with mechanical spaces, and includes at-grade parking.
As a result of the reduced unit count, the Type G loading bay has been removed and the size of the waste room has been reduced to 25 square meters.
Approximately 60 square metres of indoor amenity space will be located on the ground and seventh floor, and 60 square metres of outdoor amenity space will be located on the seventh floor to meet the City’s minimum requirements per residential unit.
A 2.76-metre-wide strip of land along the northerly portion of the Subject Lands shall be conveyed to the City for the road widening of Sheppard Avenue East.

4Importantly, the Tribunal was informed that the Sheppard Avenue Commercial Area Secondary Plan, applicable to the subject lands at the time when the application was originally made, has since been replaced by the Sheppard Willowdale Secondary Plan. This policy instrument change, combined with the revisions to the original development plan (notably, the reduction in building height which culminated in the present settlement proposal) means that an OPA is no longer required to facilitate the Appellant’s plans. Consequently, the Appellant provided an undertaking to withdraw the OPA appeal upon issuance of the present requested settlement relief (if granted). For this reason, the Tribunal received no evidence or submissions from the parties concerning the OPA appeal.

Evidence

5In assessing the proposed settlement, the Tribunal received Affidavit evidence and heard oral testimony from Ozan Kemal (“Expert Kemal”) in support of the settlement (marked as Exhibit 1).

6Expert Kemal opined that the proposed settlement (including the implementing Draft ZBA):

has regard for matters of Provincial interest as outlined in s. 2 of the Planning Act by efficiently redeveloping the Subject Lands with a compact mid-rise form of development that will contribute to the mix and range of uses within this stretch of the Sheppard Avenue East corridor, which will also assist the City in meeting its long-term needs for growth. Furthermore, the subject lands are located in an area designated for growth and development, the development will be supported by existing surface transit and nearby higher-order transit, and it will efficiently utilize existing infrastructure, services, and facilities;
is consistent with the policies of the Provincial Planning Statement (2024) insofar as it intensifies a site located within the Settlement Area and will facilitate commercial and residential uses by efficiently intensifying a presently underutilized site within a Mixed Use Area, in a manner that is compatible with and will complement the area’s diverse mix of uses. It further provides commercial uses that will diversify the local economic base and contributes new residential uses that will expand the supply and mix of local housing options. Additionally, it allows for a compact built form that will efficiently utilize existing infrastructure including municipal water, sewage services, and utilities, which are already available to the Subject Lands, as well as surface and higher-order transit, and contribute towards the creation of a safe and healthy complete community.
conforms with the policies of the City of Toronto Official Plan (June 2024 Office Consolidation) insofar as it contains an efficient and cost-effective use of the land and infrastructure, appropriately redeveloping the Subject Lands with densities that will support the efficient use of available infrastructure and services, including public transit and active transportation options. It also provides a high-quality and compatible mid-rise built form and building design that will integrate with the area’s existing and emerging built form context. Furthermore, it is grade-related and will provide a high-quality landscape design and streetscape improvements along Sheppard Avenue East and public laneway. It further contributes towards the area’s housing stock in the form of a range of apartment unit types and sizes, 74% of which are 2-bedroom or larger in size. Additionally, it includes a grade-related commercial component which will activate the public realm and support local employment and contribute towards the creation of a complete community.
conforms with the policies of the City of Toronto Sheppard Willowdale Secondary Plan (“SWSP”), as it consists of a 7-storey building, in-line with the SWSP’s maximum building height permissions, proposing a mixed-use building containing commercial uses at-grade and residential uses on the above-ground floors. It further contains a considerable proportion of larger unit sizes (74%), comprising of 17 (57%) 2-bedroom and 5 (17%) 3-bedroom units to accommodate the different needs of families and larger households, while also containing a mix of bedroom sizes which will respond to market demand. It additionally contains a density of 2.79 Floor Space Index (“FSI”), which is lower than the maximum permitted density of 3.0 FSI under the SWSP. It will also optimize the use of existing and planned public services facilities and supports active transportation and transit use in the area by providing long-term and short-term bicycle parking and access to TTC routes within a short walk.
it additionally satisfies and has regard to the City’s 2016 Mid-Rise Building Performance Standards, the City’s 2024 Mid-Rise Building Design Guidelines, the City’s Growing Up: Planning for Children in New Vertical Communities guidelines, and the City’s Pet Friendly Guidelines and Best Practices for New Multi-Unit Buildings.

Decision

7The Tribunal understands that Expert Kemal’s evidence reflects revisions to the applications before the Tribunal that were reached through the cooperative efforts of the Parties. The Tribunal accepts Expert Kemal opinions as presented in his Affidavit and summarized above, and similarly comes to the same conclusions. The Tribunal further accepts the evidence and submissions of the parties insofar as an OPA is no longer required given the change to the applicable secondary plan, combined with the revisions to the proposed development plans.

interim ORDER

8THE TRIBUNAL ORDERS that:

the appeal pursuant to subsection 34(11) of the Planning Act is allowed, in part, and the requested amendment to the former City of North York Zoning By-law 7625 is hereby approved, in principle, as set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk of the City of Toronto to assign a number to this by-law for record keeping purposes;
The Tribunal shall withhold its final Order until such time as the Tribunal has been advised by City Solicitor that:

a. the final form and content of the draft Zoning By-law Amendment is satisfactory to the Executive Director, Development Review and the City Solicitor, that includes 3 required visitor parking spaces as part of the 18 parking spaces being provided;

b. the Appellant has submitted revised technical reports and plans including a revised Functional Servicing Report, a revised Stormwater Management Report, a revised Hydrogeological Report, and a revised Transportation Impact Study, all to the satisfaction of the Executive Director, Development Review;

c. depending on the outcome of the technical reports, the Appellant has made satisfactory arrangements with Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and Traffic Impact Study accepted by the General Manager, Transportation Services; and

d. the 1.32 metre-wide strip of the public laneway that abuts the Site to the east, as illustrated on the Reference Plan prepared by Guido Papa Surveying, completed in October 2024, as Parts 1, 2 and 3 (the "Lane Segment"), has been conveyed to the Appellant.

The Tribunal may be spoken to should there be any issues with the implementation of the conditions referred to at subparagraph 2 above, including whether any review or amendment becomes necessary if the conveyance of the Lane Segment is not resolved within three months of the date of the issuance of this Interim Order.

“K.R. Andrews”

K.R. ANDREWS 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

Authority: Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-22-002812

CITY OF TORONTO

BY LAW XXXX-XXXX

To amend former North York Zoning By-law No. 7625, as amended, with respect to the lands municipally known in the year 2025 as 145 Sheppard Avenue East.

Whereas the Ontario Land Tribunal, in its Decision issued on [date] and its Order issued on [date], in file OLT-22-002812 in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, ordered the amendment of former North York Zoning By-law No. 7625, as amended, with respect to the lands municipally known in the year 2025 as 145 Sheppard Avenue East; and

The Ontario Land Tribunal, by Order, amends the former North York Zoning By-law No. 7625 as follows:

Schedules “B” and “C” of By-law 7625 of the former City of North York are amended in accordance with Schedule “1” of this By-law.
Section 64.29 of By-law 7625 is amended by adding the following subsection:

“64.29(XX) C7 (AA)” Zoned C7

(a) Notwithstanding any other provisions of By-law 7625 to the contrary, the following provisions shall apply to the site subject to this By-law

DEFINITIONS

(b) For the purposes of this exception, the following definitions shall apply:

(i) “Bicycle Parking Spaces – Long Term” shall mean bicycle parking spaces for use by the occupants or tenants of a building and may or may not be located in a bicycle rack or locker;

(ii) “Bicycle Parking Spaces – Short Term” shall mean bicycle parking spaces for use by visitors to a building, and may or may not be located in a bicycle rack; and

(iii) “Established Grade” shall mean the geodetic elevation of 171.40.

EXCEPTION REGULATIONS

MAXIMUM GROSS FLOOR AREA

(c) The maximum gross floor area for the whole of the lot shall not exceed 2,748 square metres, of which a maximum of 81 square metres shall be used for non- residential uses

YARD SETBACKS

(d) Notwithstanding Section 29(3), the minimum yard setbacks shall be as shown on Schedule “2”.

(e) No part of any building or structure erected or used above finished ground level shall be located otherwise than wholly within the area delineated by the heavy lines of Schedule “2”.

(f) Notwithstanding Section 6(9) of the By-law and except where a heavy line on Schedule “2” is contiguous with a boundary of the site, nothing in Section 6(9) shall prevent the following building elements or structures from projecting beyond the heavy lines on Schedule “2”:

(i) Elements of a building below-grade, balconies, canopies and awnings, exterior stairs, access ramps and elevating devices, cladding added to the exterior surface of the main wall of a building, architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, air conditioners, satellite dishes, antennae, vents, and pipes;

BUILDING HEIGHT

(g) Notwithstanding Section 29(4), the building height, of all buildings, on the site shall not exceed the maximum height in storey and metres, as shown on Schedule “2”, with the exception of the following:

(i) equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, enclosed stairwells, roof access, maintenance equipment storage, and elevator shafts

(ii) structures that enclose, screen or cover the equipment, structures and parts of a building listed in (i) above, inclusive of a mechanical penthouse

(iii) architectural features, parapets, and elements and structures associated with a green roof

(iv) building maintenance units, chimneys, vents and window washing equipment

(v) planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace

(vi) window projections, including bay windows and box windows, eaves, trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space

(vii) elements listed in (F)(iii) and (iv) may project beyond the permitted maximum height of a mechanical penthouse in (g)(i)

PARKING

(h) Notwithstanding Section 6A(2(a) and 29(7)(a), parking spaces for the building shall be provided in accordance with the following requirements:

(i) For residents in an apartment building or mixed use building, the following maximum parking space rate shall apply:

i. 0.8 for each bachelor dwelling unit up to 45 square metres and 1.0 for each bachelor dwelling unit greater than 45 square metres; and

ii. 0.9 for each one bedroom dwelling unit; and

iii. 1.0 for each two bedroom dwelling unit; and

iv. 1.2 for each three or more bedroom dwelling unit

(ii) For resident visitors in an apartment building or mixed use building, the following parking space rate shall apply:

i. a minimum parking supply of 3 spaces shall be included within the total parking provided.

(iii) For non-residential uses in an apartment building or mixed use building, the following maximum parking space rate shall apply:

i. at a maximum rate of 6.0 for each 100 square metres of gross floor area;

BICYCLE PARKING

(i) Bicycle parking spaces for the building shall be providing within the site in accordance with the following requirements:

(i) For residents: a minimum of 0.68 bicycle parking spaces per dwelling unit

(ii) For visitors: a minimum of 0.07 bicycle parking spaces per dwelling unit

AMENITY SPACE

(j) Amenity space for a building with 20 or more dwelling units must be provided as follows:

(i) Indoor amenity space – a minimum of 2.0 square metres for each dwelling unit; and

(ii) Outdoor amenity space – a minimum of 2.0 square metres for each dwelling unit.

The provisions of Section 6A(2)(a), 6(9), 29(3), 29(4), and Section 29(7)(a) shall not apply.
Notwithstanding any existing addition or future severance, partition, or division of the site, the provisions of this By-law shall continue to apply to the whole of the site as if no severance, partition, or division occurred.
Section 64.29 of By-law No. 7625 is amended by adding Schedule “C7 (AA)” attached to this By-law

Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-22-002812.

City of Toronto By-law No. XXX-2025

Schedule 1 145 Sheppard Avenue East

Area Affected by this By-law

Area of Land Conveyance in Favour of Road Widening Area of Land Conveyed in Favour of Subject Lands

Former North York Zoning By-law 7625

Not to Scale