Charlotte King Residences Corp. v. Toronto (City), 2021 CanLII 84054

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 31, 2021

CASE NO(S).: PL180387

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

Applicant and Appellant: Charlotte King Residences Corp.

Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of the City of Toronto to make a decision

Existing Zoning: Reinvestment Area (RA)

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit the development of a 47-storey residential mixed use building with an 11-storey podium

Property Address/Description: 400-420 King Street West

Municipality: City of Toronto

Municipality File No.: 17 190839 STE 20 OZ

OMB Case No.: PL180387

OMB File No.: PL180387

OMB Case Name: Charlotte King Residences Corp v. Toronto (City)

BEFORE:

BLAIR S. TAYLOR MEMBER

Tuesday, the 31st day of August, 2021

THIS MATTER having come on for a public hearing in writing, and the Local Planning Appeal Tribunal (as it was then known) by way of a decision issued on October 23, 2020 (the “Decision”), determined that the appeal under subsection 34(11) of the Planning Act (the “Appeal”) should be allowed, in part, and approved in principle the proposed redevelopment of the property known municipally in the City of Toronto as 400-420 King Street West, but withheld its final order pending notification by the parties that certain pre-conditions have been fulfilled, including but not limited to finalization of the proposed zoning by-law amendments, satisfaction of certain engineering matters, and execution of a Section 37 agreement;

AND THE TRIBUNAL HAVING BEEN ADVISED that the pre-conditions have been addressed to the satisfaction of the parties;

AND THE TRIBUNAL being satisfied that its direction as set out in the Decision has been met;

THE TRIBUNAL ORDERS that the Appeal is allowed, in part, and that the former City of Toronto Zoning By-law 438-86, as amended, is hereby amended in the manner set out in Attachment “1” to this Order, and that the City of Toronto Zoning By-law 569-2013, 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 to these by-laws for record keeping purposes.

“Becky Fong”

BECKY FONG 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 ZONING BY-LAW AMENDMENT TO BY-LAW No. 438-86 OF THE FORMER CITY OF TORONTO

Authority: Ontario Land Tribunal Tribunal Order issued on ~ in Tribunal File PL180387

CITY OF TORONTO

BY-LAW No. XXX-2021(OLT)

To amend Zoning By-law No. 438-86, as amended in respect to the lands known municipally in the year 2018 as 400-420 King Street West

WHEREAS the Ontario Land Tribunal pursuant to its Orders issued on ~ in respect of Tribunal Case No. PL180387, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, deems it advisable to amend the Zoning By-law for the City of Toronto, being By-law No. 438-86, as amended, with respect to lands municipally known in the year 2018 as 400-420 King Street West; and

WHEREAS the Official Plan for the City of Toronto contains provisions relating to the authorization of increases in height and density of development; and

WHEREAS pursuant to Section 37 of the Planning Act, a by-law under Section 34 of the Planning Act, may authorize increases in the height and density of development beyond those otherwise permitted by the by-law and that will be permitted in return for the provision of such facilities, services or matters as are set out in the by-law; and

WHEREAS subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services and matters in return for an increase in the height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services and matters; and

WHEREAS the owner of the aforesaid lands has elected to provide the facilities, services and matters hereinafter set out; and

WHEREAS the increase in height and density permitted beyond that otherwise permitted on the aforesaid lands by By-law No. 438-86, as amended, is permitted in return for the provision of the facilities, services and matters set out in this By-law which is secured by one or more agreements between the owner of the land and the City of Toronto; and

WHEREAS pursuant to Section 39 of the Planning Act, the council of a Municipality may, in a by-law passed under section 34 of the Planning Act, authorize the temporary use of land, buildings, or structures for any purpose set out therein that is otherwise prohibited by the by-law; and

Now therefore pursuant to the Order of the Ontario Land Tribunal, By-law No. 438-86 is further amended as follows:

None of the provisions of Section 2(1) with respect to “grade”, “height”, “residential gross floor area”, “commercial parking garage” and “lot”, and Sections 4(2)(a), 4(5)(b), 4(8), 4(12), 4(13)(a), (c), and (d), 7(3) Part II 1(i), 7(3) Part II 3, 7(3) Part II 7, 12(2)132, 12(2)204, 12(2)246, 12(2)270, 12(2)339 and 12(2)380 of By-law No. 438-86 of the former City of Toronto, being “A By-law to regulate the use of land and the erection, use, bulk, height, spacing of and other matters relating to buildings and structures and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Toronto” as amended, shall apply to prevent the erection and use of a mixed-use building on the lot, provided that:

The lot on which the buildings are to be located comprises the lands outlined by heavy lines on Map 1 attached to and forming part of this By-law;

In addition to the uses permitted in Section 7(1), commercial parking garage is permitted on the lot if located entirely below ground;

The total aggregate residential gross floor area and non-residential gross floor area on the lot does not exceed 43,200 square metres, provided:

the residential gross floor area does not exceed 39,850 square metres; and

the minimum non-residential gross floor area shall be 3,335 square metres, excluding the area associated with commercial parking garage;

A minimum of ten percent of the dwelling units must contain three or more bedrooms and a minimum of thirty-four percent of the dwelling units must contain two or more bedrooms;

No portion of any building or structure on the lot shall have a height greater than the height in metres specified by the number following the “H” symbol as shown on Map 2 attached to and forming part of this By-law, excluding:

parapets, roof access, including roof hatch and the access ladder, chimneys, vents, and water supply facilities, pipes, roof drainage, antennae, telecommunication equipment, satellite dishes, lightning rods, guard rails, railings, dividers, screens, balustrades, unenclosed structures providing safety or wind protection, privacy and wind screens, elements of a green roof, pergolas, trellises, light fixtures, and landscape elements which may project up to a maximum of 4.0 metres;

window washing equipment may project up to a maximum of 6.0 metres; and

architectural features, which may project no higher than the second storey;

i. canopies, which may project no higher than the second storey; and

support cables, which may project no higher than the fourth storey;

Despite (e)(i) above, only the following equipment and structures are permitted to be located on top of the roof for the portion of the building labelled as “HT 156.9” on Diagram 2 of By-law ***(OLT):

parapets, roof access, including roof hatch and the access ladder, vents for garbage and mechanical shafts, antennae, telecommunication equipment, satellite dishes, lightning rods, and elements of a green roof which may project up to a maximum of 4.0 metres; and

window washing equipment may project up to a maximum of 6.0 metres;

The portions of a building or structure above ground must be located within the areas delineated by heavy lines on Map 2 attached to and forming part of this By-law, except that:

canopies and supports, awnings, decks, balconies, terraces, patios, pergolas, trellises, privacy and wind screens, unenclosed structures providing safety or wind protection to rooftop residential amenity space, architectural features including piers and fins, art and landscaping features, and ornamental elements, up to 3.0 metres;

cornices, parapets, light fixtures, window sills, eaves, doors, site servicing features, ventilation shafts, railings, guards, terrace platforms, landscape planters, underground garages and associated structures, and wheelchair ramps, up to 0.5 metres; and

guards, railings , parapets, terraces, wind screens, landscape planters and terrace platforms may project beyond the required building setback to the extent of the main wall of the storey below;

Residential amenity space shall be provided and maintained on the lot at a minimum rate of 4.0 square metres for each dwelling unit, of which:

at least 2.0 square metres for each dwelling unit is indoor residential amenity space;

at least 40.0 square metres is outdoor residential amenity space in a location adjoining or directly accessible to the indoor residential amenity space; and

no more than 25% of the outdoor component may be a green roof;

Parking spaces for the mixed-use building shall be provided and maintained on the lot in accordance with the following:

i. a minimum of 0.15 parking spaces per unit for the use of the residents of the building;

ii. a minimum of 22 parking spaces for non-residential uses; and

iii. no parking spaces shall be required residential visitors;

Parking spaces for non-residential uses, as required by (i)(ii) above may be located within a commercial parking garage;

A maximum of 10 percent of the parking spaces required by (i)(i) and (ii) above may be small car parking spaces with a minimum width of 2.4 metres, length of 5.4 metres and vertical clearance of 1.8 metres;

Where the calculation of the number of parking spaces required to be provided and maintained by (i) above 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;

A minimum of 6 accessible parking spaces must be provided and maintained below ground;

An accessible parking space shall be provided with the following dimensions:

i. a minimum length of 5.6 metres;

ii. a minimum width of 3.4 metres; and

iii. a minimum vertical clearance of 2.1 metres;

Notwithstanding Section 4(17) of By-law No. 438-86, Electric Vehicle Infrastructure, including electric vehicle supply equipment, does not constitute as an obstruction to a parking space;

Bicycle parking spaces shall be provided and maintained on the lot in accordance with the following:

i. a minimum of 0.9 bicycle parking spaces – occupant shall be provided per dwelling unit;

ii. a minimum of 0.1 bicycle parking spaces – visitor shall be provided;

iii. a minimum of 0.2 bicycle parking spaces – occupant per 100 square metres of interior floor area used for non-residential uses; and

iv. a minimum of 3 plus 0.3 bicycle parking spaces – visitor per 100 square metres of interior floor area used for non-residential uses;

If a building has uses, other than dwelling units, for which a bicycle parking spaces – occupant is required, shower and change facilities must be provided for each gender at the following rate:

i. none if less than 5 required bicycle parking spaces – occupant;

ii. 1 for 5 to 60 required bicycle parking spaces – occupant;

iii. 2 for 61 to 120 required bicycle parking spaces – occupant;

iv. 3 for 121 to 180 required bicycle parking spaces – occupant; and

v. 4 for more than 180 required bicycle parking spaces – occupant;

Notwithstanding the definitions of bicycle parking spaces – occupant and bicycle parking space – visitor in Section 2(1) of Zoning By-law No. 438-86, as amended, where the bicycles are to be parked in a vertical position, has horizontal dimensions of at least 0.45 metres by 1.2 metres and a vertical dimension of at least 1.9 metres;

Notwithstanding the definitions of bicycle parking spaces – occupant and bicycle parking space – visitor in Section 2(1) of Zoning By-law No. 438-86, as amended, a bicycle parking space may be located in a secured room, enclosure or bicycle locker and in a stacked bicycle parking space, provided that such space is accessible to visitors;

Bicycle parking spaces – occupant may be located on the first or second storey of the building and anywhere below ground;

Despite (t) above, bicycle parking spaces – occupant below ground shall be provided in accordance with the following:

i. a minimum of 50% of the bicycle parking spaces – occupant will be located on the first level below ground;

ii. a minimum of 90% of the bicycle parking spaces – occupant for non-residential uses will be located on the first level below ground; and

iii. no bicycle parking spaces will be located on the third level below ground;

A maximum of one loading space - Type "G" and one loading space - Type "B" shall be provided and maintained on the lot;

In addition to the required residential amenity space, a maximum of 4 guest suites may be permitted, provided that they:

ii. have no food preparation facilities; and

are available for use on a temporary basis as overnight accommodation exclusively for persons visiting residents of the building;

None of the provisions of By-law No. 438-86 shall apply to prevent a Temporary Sales Office and Temporary Construction Office on the lot for a period not to exceed 3 years from the date of this By-law coming into full force and effect;

For the purposes of this By-law, each word or expression that is italicized in the By-law shall have the same meaning as each such word or expression as defined in By-law No. 438-86, as amended, with the exception of the following terms:

“commercial parking garage” shall mean premises having an area for the parking of one or more vehicles as a principal use and the parking of a vehicle is available for public use with or without a fee.

“grade” shall mean 86.58 metres Canadian Geodetic Datum.

“height” shall mean, the vertical distance between grade and the highest point of the building or structure, except for those elements otherwise expressly permitted in this By-law.

“interior floor area” shall mean he floor area of any part of a building, measured to:

i. the interior side of a main wall;

ii. the centerline of an interior wall; or

iii. a line delineating the part being measured;

“lot” shall mean the parcel of land outlined by heavy lines on Map 1 attached to and forming part of this By-law.

“non-residential gross floor area” means the aggregate of the areas of each floor of a non-residential building or the non-residential portion of a mixed-use building, measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, but excluding:

i. parking, loading and bicycle parking below-ground;

ii. required loading spaces on the ground level and required bicycle parking spaces at or above-ground;

iii. storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms in the basement;

iv. mechanical rooms above ground;

v. shower and change facilities that are required by this By-law for required bicycle parking spaces;

vi. amenity space required by this By-law;

vii. elevator shafts;

viii. elevator machine rooms above ground;

ix. garbage shafts;

x. mechanical penthouse; and

xi. exit stairwells in the building.

“residential gross floor area” means the aggregate of the areas of each floor of a residential building or the residential portion of a mixed-use building, measured between the exterior faces of the exterior walls of the building or structure at the level of each floor, but excluding:

i. parking, loading and bicycle parking below-ground;

ii. required loading spaces on the ground level and required bicycle parking spaces at or above-ground;

iii. storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms in the basement;

iv. mechanical rooms above and below ground;

v. shower and change facilities that are required by this By-law for required bicycle parking spaces;

vi. amenity space required by this By-law;

vii. elevator shafts;

viii. elevator machine rooms above and below ground;

ix. garbage shafts;

x. mechanical penthouse; and

xi. exit stairwells in the building.

“Temporary Sales Office and Temporary Construction Office” means a building, structure, facility or trailer on the lot used for the purpose of the sale of dwelling units or non-residential gross floor area uses to be erected on the lot and/or the administration and management of construction activity related to construction on the lot.

“stacked bicycle parking space” means a horizontal bicycle parking space that is positioned above or below another bicycle parking space and equipped with a mechanical device providing floor level access to both bicycle parking spaces and has a minimum vertical clearance of 1.2 metres, a minimum width of 0.4 metres, and a minimum length of 1.8 metres.

“storey” means a level of a building, other than a basement, located between any floor and the floor, ceiling or roof immediately above it.

Despite any future severance, partition or division of the lot as shown on Map 1, the provisions of this By-law shall apply as if no severance, partition or division occurred.

Except as otherwise provided herein, the provisions of By-law No. 438-86, as amended, shall continue to apply to the lot.

Section 37 Provisions

Pursuant to Section 37 of the Planning Act, and subject to compliance with this By-law, the increase in height and density of the development is permitted beyond that otherwise permitted on the lands shown on Map 2 in return for the provision by the owner, at the owner's expense of the facilities, services and matters set out in Schedule A hereof and which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act that are in a form and registered on title to the lands, to the satisfaction of the City Solicitor;

Where Schedule A of this By-law requires the owner to provide certain facilities, services or matters prior to the issuance of a building permit, the issuance of such permit shall be dependent on satisfaction of the same; and

The owner shall not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to this By-law unless all provisions of Schedule A of this By-law are satisfied.

PURSUANT TO THE DECISION OF THE LOCAL PLANNING APPEAL TRIBUNAL ISSUED ON ~ IN TRIBUNAL CASE PL180387

SCHEDULE A

Section 37 Provisions

The facilities, services and matters set out below are required to be provided to the City at the Owner's expense in return for the increase in height and density of the proposed development on the lot and secured in an agreement or agreements under Section 37(3) of the Planning Act whereby the owner agrees as follows:

(1) A cash contribution of six million dollars ($6,000,000.00) to be paid by the Owner prior to the issuance of the first above-grade building permit and to be allocated as follows: 10 percent toward new affordable housing, 10 percent toward Toronto Community Housing Corporation ("TCHC") capital repairs, 40 percent toward arts and culture in Ward 10, and 40 percent toward parks and community services and facilities within the vicinity of the Site, at the discretion of the Chief Planner and Executive Director, City Planning and in consultation with the Ward Councillor;

(2) The cash contribution referred to in (1) above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment;

(3) In the event the cash contribution referred to in (1) above has not been used for the determined purpose within three (3) years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands.

The Section 37 Agreement will also secure the following matters as a legal convenience to support the development:

(1) the Owner will comply with the City's tree by-laws to the satisfaction of the Supervisor, Tree Protection and Plan Review, Urban Forestry, Parks, Forestry and Recreation division;

(2) the Owner will provide and maintain a Privately-Owned and Publicly-Accessible Space ("POPS") with an approximate area of 115.9 square metres at the southwest corner of the property, with the specific location, configuration and design secured in a Site Plan Agreement with the City to the satisfaction of the City Solicitor, pursuant to Section 114 of the City of Toronto Act, 2006, as amended and as applicable, Section 41 of the Planning Act, as amended; and

(3) prior to the issuance of Site Plan Approval, the Owner shall convey to the City for nominal consideration a public pedestrian easement over the three-metre unobstructed pedestrian clearways along both King Street West and Charlotte Street, to the satisfaction of the Director, Community Planning, Toronto and East York District, and registered to the satisfaction of the City Solicitor.

ATTACHMENT 2 ZONING BY-LAW AMENDMENT TO BY-LAW NO. 569-2013 OF THE CITY OF TORONTO

Authority: Ontario Land Tribunal Order issued on ~ in Tribunal File PL180387

CITY OF TORONTO

BY-LAW NO. XXXX – 2021(OLT)

To amend Zoning By-law No. 569-2013 with respect to the lands known municipally known in the year 2019 as 400-420 King Street West

Whereas the Ontario Land Tribunal pursuant to its Orders issued on ~ in respect of Tribunal Case No. PL180387, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, deems it advisable to amend the Zoning By-law for the City of Toronto, being By-law No. 569-2013, as amended, with respect to lands municipally known in the year 2018 as 400-420 King Street West; and

Whereas the Official Plan for the City of Toronto contains provisions relating to the authorization of increases in height and density of development; and

Whereas pursuant to Section 37 of the Planning Act, a by-law under Section 34 of the Planning Act, may authorize increases in the height and density of development beyond those otherwise permitted by the by-law and that will be permitted in return for the provision of such facilities, services or matters as are set out in the by-law; and

Whereas subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services and matters in return for an increase in the height or density of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services and matters; and

Whereas the owner of the aforesaid lands has elected to provide the facilities, services and matters hereinafter set out; and

Whereas the increase in height and density permitted beyond that otherwise permitted on the aforesaid lands by By-law No. 569-2013, as amended, is permitted in return for the provision of the facilities, services and matters set out in this By-law which is secured by one or more agreements between the owner of the land and the City of Toronto; and

Whereas pursuant to Section 39 of the Planning Act, the council of a Municipality may, in a by-law passed under section 34 of the Planning Act, authorize the temporary use of land, buildings, or structures for any purpose set out therein that is otherwise prohibited by the by-law; and

Now therefore pursuant to the Order of the Ontario Land Tribunal, By-law No. 569-2013 is further amended as follows:

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 No. 569-2013, Chapter 800 Definitions.

3. Zoning By-law No. 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 to CRE (x42), as shown on Diagram 2 attached to this By-law;

4. Zoning By-law 569-2013, as amended, is further amended by adding to Article 900.12.10 Exception Number 42 so that it reads:

(42) Exception CRE 42

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 400-420 King Street West, if the requirements of Clause 7 and Schedule A of By-law ***(OLT) are complied with, buildings, or structures, may be constructed or erected in compliance with regulation (B) to (X) below;

(B) Despite regulations 50.5.40.10(1) and (2), the height of the building or structure is the vertical distance between the Canadian Geodetic Datum elevation of 86.58 metres in the year 2019 and the highest point of the building or structure;

(C) In addition to the uses permitted by regulations 50.10.20.10(1) and 50.10.20.20(1), public parking is permitted if located entirely below ground;

(D) The total permitted maximum gross floor area for all uses is 43,200 square metres, allocated as follows:

i. the permitted maximum gross floor area for residential uses is 39,850 square metres; and

ii. the required minimum gross floor area for non-residential uses is 3,335 square metres, excluding the area associated with public parking;

(E) In addition to the elements described in regulation 50.5.40.40(3), the gross floor area of the building is reduced by the area in the building used for elevator machine rooms and mechanical rooms above and below ground;

(F) A minimum of ten percent of the dwelling units must contain three or more bedrooms and a minimum of thirty-four percent of the dwelling units must contain two or more bedrooms;

(G) Despite regulation 50.10.40.10(1), the permitted maximum height of a building or structure on the lands is the numerical value, in metres, following the letters following the "HT" on Diagram 3 of By-law ***(OLT);

(H) Despite (G) above and regulations 50.5.40.10(3), (4), (5), (6), (7) and (8) the following elements of a building may exceed the maximum height limits shown on Diagram 3 of By-law ***(OLT) as follows :

i. parapets, roof access, including roof hatch and the access ladder, chimneys, vents, and water supply facilities, pipes, roof drainage, antennae, telecommunication equipment, satellite dishes, lightning rods, guard rails, railings, dividers, screens, balustrades, unenclosed structures providing safety or wind protection, privacy and wind screens, elements of a green roof, pergolas, trellises, light fixtures, and landscape elements which may project up to a maximum of 4.0 metres;

ii. window washing equipment may project up to a maximum of 6.0 metres;

iii. architectural features, which may project no higher than the second storey;

iv. canopies, which may project no higher than the second storey; and

v. support cables, which may project no higher than the fourth storey;

(I) Despite (H)(i) and (ii) above, only the following equipment and structures are permitted to be located on top of the roof for the portion of the building labelled as “HT 156.9” on Diagram 3 of By-law ***(OLT):

i. parapets, roof access, including roof hatch and the access ladder, vents for garbage and mechanical shafts, antennae, telecommunication equipment, satellite dishes, lightning rods, and elements of a green roof which may project up to a maximum of 4.0 metres; and

ii. window washing equipment may project up to a maximum of 6.0 metres;

(J) Despite regulations 50.10.40.70(1), (3) and (5), clause 50.10.40.80, and article 600.10.10 the required minimum building setbacks and minimum above ground separation distance are shown in metres on Diagram 3 of By-law ***(OLT);

(K) Despite (J) above, regulations 50.5.40.60(1), 5.10.40.70(1) and 50.10.40.60(1), (2), (4) the following building elements may encroach into the required minimum building setbacks and minimum above ground separation distance:

i. canopies and support cables, awnings, decks, balconies, terraces, patios, pergolas, trellises, privacy and wind screens, unenclosed structures providing safety or wind protection to rooftop amenity space, architectural features including piers and fins, art and landscaping features, and ornamental elements, up to 3.0 metres;

ii. cornices, parapets, light fixtures, window sills, eaves, doors, site servicing features, ventilation shafts, railings, guards, terrace platforms, landscape planters, underground garages and associated structures, and wheelchair ramps, up to 0.5 metres; and

iii. guards, railings, parapets, terraces, privacy and wind screens, landscape planters and terrace platforms may project beyond the required building setback to the extent of the main wall of the storey below;

(L) Despite regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:

i. a minimum of 0.15 parking spaces per dwelling unit for the residents of the building;

ii. a minimum of 22 parking spaces for non-residential uses; and

iii. no residential visitor parking spaces are required;

(M) Parking spaces for non-residential uses, as required by (L)(ii) above may be located within public parking;

(N) A maximum of 10 percent of the parking spaces required by (L)(i) and (ii) above may be small car parking spaces with a minimum width of 2.4 metres, length of 5.4 metres and vertical clearance of 1.8 metres;

(O) Despite Regulations 200.15.1.5(1) and 200.15.10(1), a minimum of 6 accessible parking spaces must be provided and maintained below ground;

(P) Despite regulation 200.15.1(1), an accessible parking spaces must be provided with the following dimensions:

i. a minimum length of 5.6 metres;

ii. a minimum width of 3.4 metres; and

iii. a minimum vertical clearance of 2.1 metres;

(Q) Despite regulation 200.5.1.10(2)(A) and (D), Electric Vehicle Infrastructure, including electric vehicle supply equipment, does not constitute an obstruction to a parking space;

(R) Despite regulation 230.5.1.10(4)(b), the minimum dimension of a bicycle parking space if placed in a vertical position on a wall, structure or mechanical device is:

i. minimum length or vertical clearance of 1.9 metres;

ii. minimum width of 0.45 metres; and

iii. minimum horizontal clearance from the wall of 1.2 metres;

(S) Despite regulations 230.5.1.10(10) and 230.50.1.20(2), “long-term” and “short term” bicycle parking spaces may be located in a secured room, enclosure or bicycle locker and in a stacked bicycle parking space, provided that such space is accessible to visitors;

(T) Despite regulation 230.5.1.10(9) “long-term” bicycle parking spaces may be located on the first or second storey of the building and anywhere below ground;

(U) Despite (T) above, “long-term” bicycle parking spaces for residential uses below ground must be provided in accordance with the following:

i. a minimum of 50% of the “long-term” bicycle parking spaces for residential uses will be located on the first level below ground; and

ii. a minimum of 90% of the “long-term” bicycle parking spaces for non-residential uses will be located on the first level below ground;

iii. no bicycle parking spaces will be located on the third level below ground;

(V) Despite regulation 230.5.1.10(4)(C) a stacked bicycle parking space may be provided in with the following minimum dimensions:

i. a minimum length of 1.8 metres;

ii. a minimum width of 0.4 metres; and

iii. a minimum vertical clearance of 1.2 metres;

(W) Despite regulations 220.5.10.1(2), (3), (4) and (5) a minimum of one Type “B” loading space and one Type “G” loading space must be provided;

(X) In addition to the required amenity space, a maximum of 4 guest suites may be permitted, provided that they:

i. have no food preparation facilities; and

ii. are available for use on a temporary basis as overnight accommodation exclusively for persons visiting residents of the building;

Prevailing By-law and Prevailing Sections:

(None Apply).

1. None of the provisions of By-law 569-2013 apply to prevent a temporary sales office or construction office on the lands, for a period not to exceed 3 years from the date of this By-law coming into full force and effect.
2. Despite any future severance, partition or division of the lands as shown on Diagram 1 attached to this By-law, the provisions of this By-law will apply as if no severance, partition or division occurred.
3. Section 37 Provisions

(A) Pursuant to Section 37 of the Planning Act, and subject to compliance with this By-law, the increase in height and density of the development is permitted beyond that otherwise permitted on the lands shown as CRE (x42) on Diagram 2 of By-law ***(OLT) in return for the provision by the owner, at the owner's expense of the facilities, services and matters set out in Schedule A hereof and which are secured by one or more agreements pursuant to Section 37(3) of the Planning Act that are in a form and registered on title to the lands, to the satisfaction of the City Solicitor;

(B) Where Schedule A of By-law ***(OLT) requires the owner to provide certain facilities, services or matters prior to the issuance of a building permit, the issuance of such permit shall be dependent on satisfaction of the same; and

(C) The owner shall not use, or permit the use of, a building or structure erected with an increase in height and density pursuant to this By-law unless all provisions of Schedule A of By-law ***(OLT) are satisfied.

PURSUANT TO THE ORDER OF THE ONTARIO LAND TRIBUNAL ISSUED ON ~ IN TRIBUNAL CASE PL180387

SCHEDULE A

Section 37 Provisions

The facilities, services and matters set out below are required to be provided to the City at the Owner's expense in return for the increase in height and density of the proposed development on the lot and secured in an agreement or agreements under Section 37(3) of the Planning Act whereby the owner agrees as follows:

(1) A cash contribution of six million dollars ($6,000,000.00) to be paid by the Owner prior to the issuance of the first above-grade building permit and to be allocated as follows: 10 percent toward new affordable housing, 10 percent toward Toronto Community Housing Corporation ("TCHC") capital repairs, 40 percent toward arts and culture in Ward 10, and 40 percent toward parks and community services and facilities within the vicinity of the Site, at the discretion of the Chief Planner and Executive Director, City Planning and in consultation with the Ward Councillor;

(2) The cash contribution referred to in (1) above shall be indexed upwardly in accordance with the Statistics Canada Residential or Non-Residential, as the case may be, Building Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table 18-10-0135-01, or its successor, calculated from the date of the Agreement to the date of payment;

(3) In the event the cash contribution referred to in (1) above has not been used for the determined purpose within three (3) years of the amending Zoning By-law coming into full force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, provided the purpose is identified in Official Plan Policy 5.1.1 and will benefit the community in the vicinity of the lands.

The Section 37 Agreement will also secure the following matters as a legal convenience to support the development:

(4) the Owner will comply with the City's tree by-laws to the satisfaction of the Supervisor, Tree Protection and Plan Review, Urban Forestry, Parks, Forestry and Recreation division;

(5) the Owner will provide and maintain a Privately-Owned and Publicly-Accessible Space ("POPS") with an approximate area of 115.9 square metres at the southwest corner of the property, with the specific location, configuration and design secured in a Site Plan Agreement with the City to the satisfaction of the City Solicitor, pursuant to Section 114 of the City of Toronto Act, 2006, as amended and as applicable, Section 41 of the Planning Act, as amended; and

(6) prior to the issuance of Site Plan Approval, the Owner shall convey to the City for nominal consideration a public pedestrian easement over the three-metre unobstructed pedestrian clearways along both King Street West and Charlotte Street, to the satisfaction of the Director, Community Planning, Toronto and East York District, and registered to the satisfaction of the City Solicitor.

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