Titan Developments (2217500 Ontario Ltd.) v. Toronto (City), 2025 CanLII 9168

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 7, 2025

CASE NO.: OLT-22-003048

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

Applicant and Appellant: Titan Developments (2217500 Ontario Ltd.)

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

Description: To permit one residential building and three mixed-use buildings

Reference Number: 21 211444 WET 07 OZ

Property Address: 15, 19, 21 & 23 Toryork Drive

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-22-003048

OLT Lead Case No.: OLT-22-003048

OLT Case Name: Titan Developments (2217500 Ontario Ltd.) v. Toronto (City)

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

Applicant/Appellant: Titan Developments (2217500 Ontario Ltd.)

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

Description: To permit one residential building and three mixed-use buildings

Reference Number: 21 211444 WET 07 OZ

Property Address: 15, 19, 21 & 23 Toryork Drive

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-22-003049

OLT Lead Case No.: OLT-22-003048

BEFORE:

T.F. NG

Friday, the 7th day of February, 2025

MEMBER

THIS MATTER having come before the Ontario Land Tribunal (“OLT”) for a settlement hearing on July 24, 2023 and after the hearing, the Tribunal in its Decision issued on September 5, 2023 (corrected on September 12, 2023) having allowed the Official Plan Amendment and the Zoning By-law Amendment appeals in principle, and having withheld its Order pending confirmation from the parties that the conditions have been fulfilled;

AND THE TRIBUNAL having been advised by the City Solicitor that the conditions as listed in the Interim Order dated September 5, 2023, have been satisfied.

THE TRIBUNAL ORDERS THAT:

1. The City of Toronto Official Plan is amended in accordance with the Official Plan Amendment attached hereto as Attachment 1;

2. The City of Toronto Zoning By-law No. 569-2013 is amended in accordance with the Zoning By-law Amendment attached hereto as Attachment 2;

3. The municipal clerk is authorized to format, as may be necessary, and assign a number to the by-law for record keeping purposes; and

4. The Tribunal may be spoken to in the event that the Parties have any difficulty in implementing this Order.

“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

Authority: Ontario Land Tribunal Decision issued on September 5, 2023 and Order issued on February 7, 2025 in Tribunal File OLT-22-003048

CITY OF TORONTO

BY-LAW ___-20~(OLT)

To adopt an amendment to the Official Plan for the City of Toronto respecting the lands known municipally in the year 2024 as 15, 19, 21 and 23 Toryork Drive.

Whereas the Ontario Land Tribunal has approved amendments in a decision dated September 5, 2023 in Tribunal File OLT-22-003048 to the City of Toronto Official Plan with respect to the lands known municipally as 15, 19, 21 and 23 Toryork Drive;

The Ontario Land Tribunal approves as follows:

1. The attached Amendment No. 792 to the Official Plan is hereby adopted pursuant to the Planning Act, as amended.

Ontario Land Tribunal Decision issued on September 5, 2023 and Order issued on __________ in Tribunal File OLT-22-003048.

AMENDMENT NO. 792 TO THE OFFICIAL PLAN OF THE CITY OF TORONTO

LANDS MUNICIPALLY KNOWN IN THE YEAR 2024 AS 15, 19, 21 and 23 TORYORK DRIVE

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

1. Chapter 6, Section 26, Emery Village Secondary Plan is amended by adding the following subsection to Section 13, Site and Area Specific Policies:

13.5. 15, 19, 21 and 23 Toryork Drive

13.5.1 For the lands shown as 5 on Map 26-3, four buildings with maximum heights of 38, 36, 29, and 26 storeys are permitted provided that the total gross floor area on site does not exceed 95,620 square metres.

2. Chapter 6, Section 26, Emery Village Secondary Plan, Map 26-3, Site and Area Specific Policies, is amended to show the lands municipally known in 2024 as 15, 19, 21 and 23 Toryork Drive as Site and Area Specific Policy Area Number 5, as shown on the attached Appendix 1.

Appendix 1

ATTACHMENT 2

Authority: Ontario Land Tribunal Decision issued on September 5, 2023 and Ontario Land Tribunal Order Issued on February 7, 2025 in Tribunal File OLT-22-003048.

CITY OF TORONTO

BY-LAW [Clerks to insert By-law number]

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 15, 19, 21 and 23 Toryork Drive.

Whereas the Ontario Land Tribunal, in its Decision issued on September 5, 2023 and its Order issued on [~~] on File OLT-22-003048, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, determined to amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 15, 19, 21 and 23 Toryork Drive;

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 36 of the Planning Act, as amended, the council of a municipality may, in a by-law passed under Section 34 of the Planning Act, use a holding symbol "(H)" in conjunction with any use designation to specify the use to which lands, buildings or structures may be put once the holding symbol "(H)" is removed by amendment to the by-law; and

Whereas the Official Plan for the City of Toronto contains provisions relating to the use of holding symbol "(H)"; and

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 2.5 (c1.0; r2.5) SS2 (x211) to a zone label of (H) CR 2.5 (c1.0; r2.5) SS2 (1073), CR 2.5 (c1.0; r2.5) SS2 (1073) and O as shown on Diagram 2 attached to this By-law;

4. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 1073 so that it reads:

(1073) Exception CR 1073

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 15, 19, 21 and 23 Toryork Drive, 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 (AA) below;

(B) Despite Regulation 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation specified for each block listed below and the elevation of the highest point of the building or structure:

(i) 150.1 metres for Block 1;

(ii) 151.4 metres for Block 2; and

(iii) 148.75 metres for Block 3;

(C) Despite Regulation 40.10.40.10(2), 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 insert By-law Number];

(D) Despite Regulations 40.5.40.10(3) to (8) and (C) above, the following equipment and structures may project above the permitted maximum building height shown on Diagram 3 of By-law [Clerks to insert By-law Number]:

(i) equipment and structures 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 6.0 metres;

(ii) structures that enclose, screen, or cover the equipment and structures used for the functional operation of the building listed in (i) above, inclusive of a mechanical penthouse, by a maximum of 6.0 metres;

(iii) architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 2.5 metres;

(iv) building maintenance units and window washing equipment, by a maximum of 3.0 metres;

(v) trellises and pergolas, by a maximum of 3.0 metres;

(vi) windscreens and unenclosed structures and elements providing safety or wind protection, by a maximum of 4.5 metres;

(vii) planters, landscaping features, guard rails, and divider screens on a balcony or terrace, by a maximum of 2.5 metres; and

(viii) antennae, flagpoles and satellite dishes, by a maximum of 3.0 metres;

(E) Despite Regulation 40.10.40.10(7), 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]:

(i) for the purpose of this exception, a mezzanine and a mechanical penthouse do not constitute a storey;

(F) In Block 1, the gross floor area of any floor located above a building height of 20.2 metres shall not exceed 750 square metres;

(G) Despite Regulation 40.10.40.10(5), the required minimum height of the first storey, as measured between the floor of the first storey and the ceiling of the first storey, is 4.2 metres for the residential use portion of the building in Block 1 and Block 3;

(H) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures in Block 1 is 30,353 square metres, of which:

(i) the permitted maximum gross floor area for residential uses is 29,658 square metres; and

(ii) the required minimum gross floor area for non-residential uses is 690 square metres;

(I) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures in Block 2 is 44,700 square metres, of which:

(i) the permitted maximum gross floor area for residential uses is 44,222 square metres; and

(ii) the required minimum gross floor area for non-residential uses is 470 square metres;

(J) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures in Block 3 is 20,566 square metres;

(K) The provision of dwelling units in Block 1 is subject to the following:

(i) the permitted maximum number of dwelling units is 393 dwelling units;

(ii) a minimum of 30 percent of the total number of dwelling units must have two or more bedrooms;

(iii) a minimum of 10 percent of the total number of dwelling units must have three or more bedrooms;

(iv) any dwelling units with three or more bedrooms provided to satisfy (iii) above are not included in the provision required by (ii) above; and

(v) if the calculation of the number of required dwelling units results in a number with a fraction, the number is rounded down to the nearest whole number, but there may not be less than one dwelling unit;

(L) The provision of dwelling units in Block 2 is subject to the following:

(i) the permitted maximum number of dwelling units is 601 dwelling units;

(ii) a minimum of 30 percent of the total number of dwelling units must have two or more bedrooms;

(iii) a minimum of 10 percent of the total number of dwelling units must have three or more bedrooms;

(iv) any dwelling units with three or more bedrooms provided to satisfy (iii) above are not included in the provision required by (ii) above; and

(v) if the calculation of the number of required dwelling units results in a number with a fraction, the number is rounded down to the nearest whole number, but there may not be less than one dwelling unit;

(M) The provision of dwelling units in Block 3 is subject to the following:

(i) the permitted maximum number of dwelling units is 281 dwelling units;

(ii) a minimum of 30 percent of the total number of dwelling units must have two or more bedrooms;

(iii) a minimum of 10 percent of the total number of dwelling units must have three or more bedrooms;

(iv) any dwelling units with three or more bedrooms provided to satisfy (iii) above are not included in the provision required by (ii) above; and

(v) if the calculation of the number of required dwelling units results in a number with a fraction, the number is rounded down to the nearest whole number, but there may not be less than one dwelling unit;

(N) Despite Regulation 40.10.40.70(2), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law Number];

(i) for the purpose of measuring the required minimum building setbacks in this exception, the boundary of a Block shown on Diagram 3 of By-law [Clerks to insert By-law Number] also constitutes a lot line;

(O) Despite Regulation 40.10.40.80(2), the required separation of main walls are as shown on metres on Diagram 3 of By-law [Clerks to insert By-law Number];

(i) for the purpose of measuring the required separation of main walls in this exception, the boundary of a Block shown on Diagram 3 of By-law [Clerks to insert By-law Number] also constitutes a lot line;

(P) Despite Regulation 40.5.40.60(1), Clause 40.10.40.60, and (N) and (O) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:

(i) decks, porches, and balconies, by a maximum of 2.0 metres;

(ii) canopies and awnings, by a maximum of 3.0 metres;

(iii) wind mitigation measures, including canopies and wind screens, by a maximum of 4.5 metres;

(iv) exterior stairs, access ramps and elevating devices, by a maximum of 2.0 metres;

(v) cladding added to the exterior surface of the main wall of a building, by a maximum of 0.5 metres;

(vi) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 2.0 metres;

(vii) window projections, including bay windows and box windows, by a maximum of 2.0 metres;

(viii) eaves, by a maximum of 2.0 metres;

(ix) a dormer, by a maximum of 2.0 metres; and

(x) air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 2.0 metres;

(Q) Despite Regulation 40.10.40.1(1)(C)(ii), direct access to the dwelling units in Block 1 may also be from a public street;

(R) Despite Regulation 40.10.40.1(2)(A), for non-residential uses in Block 1 the floor level of the first storey must be within 0.35 metres of the ground measured at the lot line abutting the street directly opposite each pedestrian entrance;

(S) Regulations 40.10.50.10(2) and (3), with respect to requirements for a fence and soft landscaping strip when a lot abuts a lot in the Residential Zone or Residential Apartment Zone category, do not apply;

(T) Despite Regulations 970.10.15.5(1) and (5), and Table 970.10.15.5, parking spaces must be provided in accordance with the following:

(i) a minimum of 0.4 residential occupant parking spaces for each dwelling unit;

(ii) a minimum of 0.1 residential visitor parking spaces for each dwelling unit;

(iii) a minimum of 1.30 parking spaces per 100 square metres of non-residential gross floor area; and

(iv) If the calculation of the number of required parking spaces results in a number with a fraction, the number is rounded down to the nearest whole number, but there may not be less than one parking space;

(U) Despite Regulation 200.5.1.10(2)(A), a maximum of 10 percent of the required parking spaces may have the following minimum dimensions or may be obstructed in accordance with Regulation 200.5.1.10(2)(D) without the requirement to widen the minimum width of 0.3 metres on the side that is obstructed:

(i) length of 5.2 metres;

(ii) width of 2.4 metres; and

(iii) vertical clearance of 1.7 metres;

(V) Despite Regulation 970.10.15.5(11), if the total parking space requirement is 5 parking spaces or more, clearly identified off-street accessible parking spaces must be provided on the same lot as every building or structure in accordance with the following rates:

(i) if the number of required parking spaces is less than 13, a minimum of 1 accessible parking space must be provided;

(ii) if the number of required parking spaces is between 13 and 100, a minimum of 1 accessible parking space for every 25 parking spaces or part thereof must be provided; and

(iii) if the number of required parking spaces is more than 100, a minimum of 5 accessible parking spaces plus 1 accessible parking space for every 50 parking spaces or part thereof in excess of 100 parking spaces must be provided;

(W) Despite Regulations 200.15.1(1) and (3), accessible parking spaces must have the following minimum dimensions:

(i) length of 5.6 metres;

(ii) width of 3.4 metres;

(iii) vertical clearance of 2.1 metres; and

(iv) the entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path;

(X) Despite Regulation 200.15.1(4), accessible parking spaces are required to be within 30 metres of a barrier free entrance to the building and passenger elevator that provides access to the first storey of the building;

(Y) Despite Clause 220.5.10.1, loading spaces must be provided in accordance with the following:

(i) a minimum of 1 Type “G” loading space for Block 1;

(ii) a minimum of 2 Type “G” loading spaces for Block 2; and,

(iii) a minimum of 1 Type “G” loading space for Block 3;

(Z) Despite Regulation 40.10.100.10(1)(C), two vehicle accesses to the lot are permitted;

(AA) Despite Regulations 230.5.1.10(9) and (10) and 230.40.1.20, “short-term” and “long-term” bicycle parking spaces may be located in a stacked bicycle parking space and may be located on any level of a building.

5. Despite any consent, severance, partition or division of the lands, the provisions this By-law shall apply as if no consent, severance, partition or division occurred.

6. Holding Provisions

(a) The lands zoned with the holding symbol "(H)" delineated by heavy lines on Diagram 2 attached to this By-law must not be used for any purpose other than those uses and buildings existing as of date of the passing of this By-law, until the holding symbol "(H)" has been removed; and

(b) An amending by-law to remove the holding symbol "(H)" referred to in (A) above may be enacted when the following are fulfilled:

(i) The owner has, at its sole cost and expense, submitted an engineering report prepared by the qualified engineer, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and General Manager, Toronto Water, which confirms that the City has tendered and executed the construction contract associated with Emery Village Link 2A, and that this contract includes the provision of servicing infrastructure sufficient to accommodate the building or block to which the amending by-law to remove the “(H),” is subject to, including but not limited to;

a) a 250 mm diameter sanitary sewer and appurtenances (approximately 61 metres in length) from the intersection of the new public road to Toryork Drive;

b) a 250 mm diameter sanitary sewer stub (approximately 10 metres in length) to convey drainage from the new public road to Road 2A;

c) A 200 mm diameter watermain and appurtenances from the driveway at Block 3 to Toryork Drive,

d) a 200 mm diameter watermain stub (approximately 6 metres in length) to connect the new public road to Road 2A,

e) one 150 mm diameter secondary fire service connections for Block 1

f) one 150 mm diameter secondary fire service connections for Block 3

g) one storm sewer (currently 1200 mm diameter) from the new public road to the existing culvert crossing a Toryork Drive, which sewer size is subject to engineering review including the additional site drainage; and

h) one 375 mm diameter storm sewer stub (approximately 12 metres in length) to convey drainage from the new public road to Road 2A; and

Appropriate arrangements as between the City and the owner have been made to secure the costs associated with the addition of water services, sanitary services and storm upsizing as part of the construction of Emery Village Link 2A, or

(ii) The owner has, at its sole cost and expense, submitted a revised Functional Servicing Report prepared by the qualified engineer, which includes a proposed design for servicing infrastructure sufficient to support the development including the parkland dedication, that does not rely on the infrastructure improvements being located in Emery Village Link 2A, to the satisfaction of the Chief Engineer and the Executive Director, Engineering and Construction Services.

Prevailing By-laws and Prevailing Sections: (None apply).

Ontario Land Tribunal Decision issued on September 5, 2023 and Ontario Land Tribunal Order Issued on [~~] in Tribunal File OLT-22-003048.