Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 8, 2023
CASE NO.: OLT-23-000078 (Formerly PL171261)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 450 Richmond Street West Limited
Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: Vacant
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the construction of a 19-storey mixed-use building
Property Address/Description: 444-450 Richmond Street West
Municipality: City of Toronto
Municipality File No.: 17 192881 STE 20 OZ
OLT Case No.: OLT-23-000078
Legacy Case No. PL171261
OLT File No.: OLT-23-000078
OLT Case Name: 450 Richmond Street West Limited v. Toronto (City)
BEFORE:
SHARYN VINCENT VICE-CHAIR
Wednesday, 8th day of February, 2023
THIS MATTER, having come before the Tribunal for a Settlement Hearing on April 8, 2020, and the Tribunal having considered the settlement ratified by City Council and sworn affidavit evidence dated April 3, 2022, from Paul Stagl, a land use planner qualified to provide expert opinion evidence to the Tribunal;
AND THE TRIBUNAL having found that the revised proposal represents a development which is appropriate and compatible with the surrounding existing and planned context and represents good planning in the public interest;
AND THE TRIBUNAL having reviewed the filed materials, allowed the Appeal in part to permit the rezoning of the subject lands and approved in principle the draft amending zoning by-laws which amend Zoning By-law Nos. 438-86 and 569-2013 respectively, subject to the conditions as set out in the interim order dated May 20, 2020;
AND THE TRIBUNAL having withheld its Final Order subject to the precedent conditions agreed to by the Parties and set out in condition 3 of Exhibit D;
AND THE TRIBUNAL having been advised by the Parties in writing that the conditions for the issuance of the Final Order have been satisfied and that an amendment to Zoning By-law 438-86 is no longer required;
THE TRIBUNAL ORDERS that:
The appeal filed by the Appellant in Case File No. PL171261 is allowed, in part;
The Tribunal hereby approves the amendment to Zoning By-law 569-2013 attached hereto as Attachment 1 to this Order;
The Tribunal authorizes the municipal clerk to assign a number to, and format as may be necessary, the Zoning By-law Amendment for record keeping purposes.
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 [DATE] and Ontario Land Tribunal Order issued on [DATE] in OLT File No. PL171261
CITY OF TORONTO
BY-LAW No. ~ 2022 (OLT)
To amend Zoning By-law No. 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 444-450 Richmond Street West.
Whereas the Ontario Land Tribunal, in its Decision issued on [date] and its Order issued on [date], in file PL171261, in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, ordered the amendment of Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2019 as 444-450 Richmond Street West; and
The Ontario Land Tribunal Orders:
The lands subject to this By-law are outlined by heavy black lines Diagram 1 attached to this By-law.
The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law No. 569-2013, as amended, Chapter 800 Definitions.
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 subject to this By-law from a zone label of CRE (x77) to a zone label of CRE (x45) as shown on Diagram 2 attached to this By-law; and
Zoning By-law 569-2013, as amended, is further amended by adding to Article 900.12.10 Exception Number 45 so that it reads:
Exception CRE (45)
The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Section:
Site Specific Provisions:
(A) On 444-450 Richmond Street West, as shown on Diagram 1 of By-law [Clerks to supply by-law ##], if the requirements of by-law [Clerks to supply by-law ##] are complied with, a building or structure may be constructed, used, or enlarged in compliance with Regulations (B) to (U) below;
(B) Despite Regulations 50.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 90.85 metres and elevation of the highest point of the building or structure;
(C) Despite Regulations 50.10.40.10(1) the permitted maximum height of a building or structure is the number following the HT symbol in metres as shown on Diagram 3 of By-law [Clerks to supply By-law ##];
(D) Despite Regulations 50.5.40.10 (3) to (8) and 50.10.40.10(3), and (C) above, the following equipment and structures may project beyond the permitted maximum height of a building:
(i) Wind screens, parapets, terrace or balcony guardrails, ornamental elements, pavers, balustrades, railings and dividers, pergolas, trellises, planters, eaves, privacy screens, stair enclosures, skylights, mechanical equipment, mechanical and architectural screens, access hatches, roof assemblies, roof drainage, chimneys, vents, lightning rods, light fixtures, pavers, elements of a green roof, structures located on the roof used for outside or open air recreation, chillers, air vents and exit hatch, by no more than 2.5 metres;
(ii) Elevator overrun, by no more than 4.0 metres;
(iii) Despite D (i) above, privacy screening for outdoor amenity space, by no more than 3.0 metres;
(E) The total permitted maximum gross floor area for all uses on the lot is 8,150 square metres, of which:
(i) the permitted maximum gross floor area for residential uses is 7,850 square metres; and
(ii) the permitted maximum gross floor area for non-residential uses is 400 square metres;
(F) Despite Regulations 50.10.40.50 (1), a building with 20 or more dwelling units must provide amenity space at the following rate:
(i) at least 2.82 square metres for each dwelling unit as indoor amenity space must be provided and a portion may be allocated to a pet wash area, a guest suite or as a multi-purpose room or rooms,and
(ii) at least 0.94 square metres of outdoor amenity space for each dwelling unit must be provided in a location adjoining or directly accessible to an area containing indoor amenity space;
(G) Despite Regulation 50.5.40.40(3) the gross floor area of a building may be further reduced by the area of the building used for a pet wash area and a guest suite;
(H) A maximum of 1 guest suite may be permitted as amenity space, provided that it:
(i) has no food preparation facilities; and
(ii) is available for use on a temporary basis as overnight accommodation exclusively for persons visiting residents of the building;
(I) Despite Regulations 50.5.40.70(1) and 50.10.40.70(1)(3) and (5) and 50.10.40.80(1) and (3) and Section 600.10 the required minimum building setbacks and minimum distance between main walls must be provided as shown in metres on Diagram 3 of By-law [Clerks to supply By-law ##];
(J) Despite Clause 50.5.40.60(1) and 50.10.40.60, and (I) above, the following elements may encroach into the required minimum building setbacks and separation distances as follows:
(i) Cornices, eaves, light fixtures, parapets, landscaping features, trellises, window sills, ornamental elements, ventilation shafts, balustrades, guardrails, railings, wheelchair ramps, screening, stair enclosures, doors, underground garages ramp and associated structures, wheelchair ramps, damper, window washing equipment, up to a maximum of 0.5 metres;
(ii) Canopies, awnings and balconies are permitted up to a maximum of 1.5 metres. However, balconies along the south elevation are not permitted above a height of 36.15 metres;
(iii) Private terraces at all levels up to a maximum of 4.0 metres; and
(iv) Structures used for outside or open air recreation, safety or wind protection, up to a maximum of 1.6 metres;
(K) Despite Regulation 200.5.1.10 (1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
(i) parking spaces are not required for residential uses;
(ii) parking spaces are not required for non-residential uses;
(iii) parking spaces are not required for residential visitor uses;
(iv) a minimum of 1 parking space must be provided and marked for short-term delivery and service vehicles; and
(v) a minimum of 3 parking spaces must be provided and marked for short-term drop-off vehicles;
(L) Despite Regulation 200.5.1.10(2), parking spaces required by (K) (iv) and (v) above, parking spaces with a minimum width of 2.6 metres and a minimum length of 5.6 metres do not need to be increased by 0.3 metres for each side of the parking space that is obstructed;
(M) Regulation 50.10.80.1 (1) Outdoor Parking Restriction does not apply;
(N) Despite Regulation 50.10.80.20.(1) parking space to be set back from a lot line does not apply;
(O) Despite Regulations 220.5.1.10 (1) and 220.5.10.1(2), a minimum of one Type “C” loading space must be provided;
(P) Despite Regulations 200.15.10(1)(2) and Clauses 200.15.10.5 and 200.15.10.10, no accessible parking spaces are required to be provided on the lot;
(Q) Despite Regulation 230.5.1.10(10), "long-term" and "short-term" bicycle parking spaces may be located in a stacked bicycle parking space;
(R) Despite Regulations 230.5.1.10 (4)(B) and 230.5.1.10 (5)(A), a bicycle parking space in a vertical position may be provided with the following dimensions:
(i) a minimum vertical length of 1.9 metres;
(ii) a minimum width of 0.45 metres; and
(iii) a minimum horizontal clearance from the wall of 1.2 metres
(S) Despite Regulations 230.5.1.10(4)(A)(C) and 230.5.1.10 (5)(A), a stacked bicycle parking space may be provided with the following dimensions:
(i) a minimum length of 1.8 metres;
(ii) a minimum width of 0.45 metres;
(iii) a minimum vertical clearance of 1.2 metres; and
(iv) a combined vertical dimension for two stacked bicycle parking spaces of at least 2.4 metres.
(T) Despite Regulation 230.50.1.20(1), a "short-term" bicycle parking space may be located more than 30 metres from a pedestrian entrance to the building on the lot and may be located inside the building.
(U) A minimum of twenty percent of the total number of dwelling units on the lot must contain a minimum of two bedrooms, and a minimum of eleven percent of the total number of dwelling units on the lot must contain a minimum of three or more bedrooms;
Prevailing By-laws and Prevailing Sections:
(A) Section 12(2)270 of former City of Toronto By-law 438-86.
- Despite any severance, partition, or division of lands, the provisions of this By-law shall apply as if no severance, partition or division occurred.
Ontario Land Tribunal Decision issued on ___________, 2023 and Ontario Land Tribunal Order issued on ____ in Tribunal File PL171261
51919520.1