Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 24, 2023
CASE NO.: PL171178
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Uxland Development (West) Inc.
Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of The City of Toronto to make a decision
Existing Zoning: RA – Reinvestment Area
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 15-storey Office building with accessory retail and service uses at grade
Property Address/Description: 504 Wellington Street West
Municipality: City of Toronto
Municipality File No.: 16 270147 STE 20 OZ
OLT Case No.: PL171178
OLT File No.: PL171178
OLT Case Name: Uxland Development (West) Inc. v. Toronto (City)
BEFORE:
S. TOUSAW
VICE-CHAIR
Friday, the 24th day of March, 2023
THIS MATTER having come on for a public hearing on August 1, 2019, and the Local Planning Appeal Tribunal (as it was then known) by way of a decision issued on August 13, 2019 (the “Decision”), having determined that the appeal under subsection 34(11) of the Planning Act (the “Appeal”) should be allowed and having approved the proposed redevelopment of the lands known municipally in the City of Toronto as 504 Wellington Street West, but withholding its final order pending the Tribunal being advised by the City Solicitor that certain pre-conditions (the “Pre-Conditions”) had been satisfied;
AND THE TRIBUNAL having been advised by the Parties that the Pre-Conditions have been met or otherwise addressed 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 ORDERS that the Appeal is allowed and that the City of Toronto Zoning By-law 569-2013, as amended, is hereby amended in the manner as set out in Attachment “1” 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.
“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 and Order issued on March 24, 2023 in Tribunal File PL171178
CITY OF TORONTO
BY-LAW XXXX-2023(OLT)
To amend the City of Toronto Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 504 Wellington Street West.
Whereas the Ontario Land Tribunal, in its Decision issued on August 13, 2019 and its Order issued on March 24, 2023, in File PL171178, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, ordered the amendment of Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 504 Wellington Street West;
The Ontario Land Tribunal, by Order, amends By-law 569-2013 as follows:
The lands subject to this By-law are outlined by heavy black lines on 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 569-2013, Chapter 800 Definitions.
Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Zoning By-law Map in Section 990.10, and applying the following zone label to these lands: CRE (x68) as shown on Diagram 2, attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Policy Areas Overlay Map in Article 995.10.1 and applying the following Policy Area label to these lands: PA-1, as shown on Diagram 3 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands to the Height Overlay Map in Article 995.20.1, and applying the following height label to these lands: HT 23.0, as shown on Diagram 4 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands to the Lot Coverage Overlay Map in Article 995.30.1, and applying no value.
Zoning By-law 569-2013, as amended, is further amended by adding the lands to the Rooming House Overlay Map in Article 995.40.1, and applying the following rooming house label to these lands: B3, as shown on Diagram 5 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.12.10 Exception Number 68 so that it reads:
(68) Exception CRE 68
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 504 Wellington Street West, if the requirements of By-law [Clerks to insert By-law ##] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (T) below;
(B) Despite Regulations 50.10.20.10 (1) and 50.10.20.20(1), the only permitted use is dwelling units in an apartment building;
(C) 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 85.79 metres and the elevation of the highest point of the building or structure;
(D) Despite Regulation 50.10.40.10(1) and (2), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 6 of By-law [Clerks to insert By-law ##];
(E) For the purposes of this Exception, a mezzanine does not constitute a storey;
(F) Despite Regulations 50.5.40.10(3) to (8), 50.10.40.10 (3) and (D) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 6 of By-law [Clerks to insert By-law ##]:
i) wind screens, guard rails, railings and dividers, pergolas, screens, stairs, roof drainage, window washing equipment, chimneys, vents, terraces, lightning rods, light fixtures, architectural features, landscaping, and elements of a green roof, which may project up to 3.0 metres above the height limits shown on Diagram 6; and
ii) the mechanical penthouse, elevator overruns, mechanical elements, mechanical equipment parapets may project up to 4.5 metres above the height limit shown on Diagram 6;
(G) Despite Regulation 50.5.1.10 (3), the permitted maximum gross floor area of all buildings and structures on the lot is 5,550 square metres;
(H) Despite Regulation 50.10.40.50(1), amenity space must be provided at a minimum rate of:
i) 2.5 square metres per of indoor amenity space per dwelling unit;
ii) 1.4 square metres per outdoor amenity space per dwelling unit; and
iii) no portion of the outdoor amenity space may be a green roof;
(I) Despite Regulations 50.10.40.70 and 50.10.40.80, the required minimum building setbacks and main wall separation distances are shown in metres on Diagram 6 of By-law [Clerks to insert By-law ##];
(J) In addition to the requirements of (I) above, a minimum building setback of 4.0 metres to 12.3 metres must be provided on the north side of the building from the north lot line at the second storey of the building as shown in metres by the dashed line on Diagram 6 of By-law [Clerks to insert By-law ##];
(K) In addition to the requirements of (I) above a minimum building setback of 1.6 metres from the south lot line and 6.5 metres from the west lot line must be provided on the west and south sides of the building at the ground floor of the building as shown in metres by the dashed line on Diagram 6 of By-law [Clerks to insert By-law ##];
(L) Despite Regulations 5.10.40.70 (1), 50.10.40.60 and (I), (J) and (K) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
i) eaves, cornices, window sills, light fixtures, railings, bollards, landscape planters and other similar architectural projections by 0.6 metres;
ii) canopies, awnings, balconies or similar structures by 2.2 metres; and
iii) columns located in the south building setback;
(M) Despite Regulations, 200.5.10.1(1) and Table 200.5.10.1, a minimum of 7 parking spaces must be provided and maintained on the lot;
(N) Despite Regulation 200.5.1.10(2)(D), electric vehicle charging equipment is not considered an obstruction provided that the equipment is located in the same parking space as the vehicle to be charged;
(O) Despite Regulation 200.5.10 (13) access to parking spaces may be from a vehicle elevator;
(P) Despite Regulation 220.5.10.1, a minimum of one Type "C" loading space must be provided and maintained on the lot;
(Q) Despite Regulation 200.5.20.1(3), the vehicle entrance and exit for a two-way driveway into and out of the building must have a minimum width of 5.1 metres;
(R) 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 0.45 metres; and
(iii) a minimum vertical clearance for each bicycle parking space of 1.2 metres;
(S) Despite Regulation 230.5.1.10(10), "short-term" bicycle parking spaces may also be located in a stacked bicycle parking space; and
(T) Section 600.10 Building Setback Overlay District Map does not apply.
Prevailing By-laws and Prevailing Sections:
(A) Section 12(2) 132 of former City of Toronto By-law 438-86; and
(B) Section 12(2) 204 of former City of Toronto By-law 438-86
- Despite any severance, partition or division of the lands, the provisions of this By-law shall apply as if no severance, partition or division occurred.
Pursuant to Ontario Land Tribunal Decision issued on August 13, 2019 and Order issued on XXXX in Tribunal File PL171178.
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