Corsetti Meat Packers & Realties Ltd. v. City of Toronto, 2024 CanLII 120310

ISSUE DATE: November 28, 2024

CASE NO.: OLT-22-002448

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Appellant: Corsetti Meat Packers & Realties Ltd. & 1366686 Ontario Limited Appellant: Maple Leaf Foods Inc. Appellant: Paletta International Corporation

Subject: By-law No. 1170-2011

Municipality: City of Toronto

OLT Case No.: OLT-22-002449

Legacy Case No.: PL111147

OLT Lead Case No.: OLT-22-002448 Legacy Lead Case No.: PL111146

BEFORE:

Thursday, the 28th of November, 2024

THIS MATTER having been heard by the Ontario Land Tribunal (the “Tribunal”) at a Settlement Hearing on June 19, 2023 regarding the settlement for the lands located at 2221-2231 St. Clair West and 2237, 2255 and 2283 St. Clair West (the “Subject Lands”), and the Tribunal having issued an Interim Order dated July 5, 2023 having determined that the appeals under Section 34(19) of the Planning Act relating to the Subject Lands should be allowed in part and approving the Zoning By-law Amendment in principle as it relates to the Subject Lands, but withholding its final order pending satisfaction of certain pre-conditions (the “Pre-Conditions”);

AND THE TRIBUNAL having been advised that the Pre-Conditions have been cleared to the satisfaction of the City of Toronto;

THE TRIBUNAL HEREBY ORDERS that the appeals for the Subject Lands are allowed in part and that the City of Toronto Zoning By-law 1170-2011 is approved in accordance with Attachment 1 to this Order as it applies to the Subject Lands, without prejudice to the appeals of the remaining appellant to this matter;

AND THE TRIBUNAL FURTHER ORDERS that it may be spoken to in the event some matter should arise in connection with the implementation of 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.

Authority: Ontario Land Tribunal Decision issued on July 5, 2023 and Ontario Land Tribunal Order issued on November 28, 2024 in OLT Case No. OLT-22-002449

CITY OF TORONTO

LAW No. 1170-2011

To amend the General Zoning By-law No. 438-86 of the former City of Toronto with respect to the lands in the vicinity of St. Clair Avenue West between Runnymede Road and Keele Street/Weston Road.

Whereas the Ontario Land Tribunal pursuant to its Decision issued on July 5, 2023 and Order issued on <*> in relation to Tribunal Case No. OLT-22-002449 determined to amend By-law 438-86, as amended, with respect to the lands in the vicinity of St. Clair Avenue West between Runnymede Road and Keele Street/Weston Road; and

WHEREAS pursuant to Section 36 of the Planning Act, Council may, in a by-law passed under Section 34 of the Planning Act, by the use of a holding symbol "H" in conjunction with a use designation, set out the use to which lands, buildings or structures may be put prior to and following the removal of the holding symbol "H"; and

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

Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act R.S.O. 1990, c.P.13, as amended, to pass this by-law; and

The Ontario Land Tribunal enacts:

Appendix A, District Maps 47J-322, 47J-323, 47K312 and 47K-313 shall be amended as shown on Schedule 1 to this By-law.
Appendix B, Height and Minimum Lot Frontage Maps 47J-322, 47J-323 and 47K-312 shall be amended as shown on Schedule 2 to this By-law.
Section 12(1) is amended by adding the following exception pertaining to the lands outlined in heavy lines on Schedule 3 to this By-law, such schedule to form the map at the end of the exemption:

"12(1) (487) to prevent the use of lands delineated by heavy lines on the map at the end of this exception for the purpose of a residential, commercial, mixed commercial-residential or institutional building(s) or structure(s) provided:

(i) The minimum height of a building or structure is 10.5 metres and any building or structure must be a minimum of 3 storeys in height, except for a new commercial building or addition for the purposes of a vehicle dealership at the lands known municipally as 2336 St. Clair Avenue West and/or the lands known municipally as 2445 St. Clair Avenue West;

(ii) The minimum height, measured floor to floor of the storey of a building closest to grade is 4.5 metres;

(iii) A parapet wall used for wind protection for a green roof may exceed the maximum building height by 2.0 metres;

(iv) Any building or structure must be set back:

(a) a maximum of 3 metres from the front lot line;

(b) a minimum of 75% of the main wall of the building facing a front lot line must be located at or between the front lot line and the maximum setback, except for a new commercial building or addition for the purposes of a vehicle dealership at the lands known municipally as 2336 St. Clair Avenue West. The main front wall of a building facing a front lot line on the south side of St. Clair Avenue West between Cobalt Avenue and Runnymede Road must be set back a minimum of 1.5 metres from the front lot line;

(d) a minimum of 1.5 metres from the rear lot line if the rear lot line abuts a lane;

(v) Where the wall of a building contains windows or openings, the wall must be set back a minimum of 5.5 metres from a side lot line that is not adjacent to a street or lane, otherwise no setback is required;

(vi) Where the wall of a building does not contain windows or openings, the wall must be set back a minimum of 3.0 metres from any abutting side lot line if the building is on a lot that abuts a lot in an R1, R1S, R2, R3, R4 or R4A zone district, otherwise no setback is required;

(vii) If a lot abuts a G, GH, GM, GR, UOS, R1, R1S, R2, R3, R4 or R4A zone district, then any building on the lot must not penetrate a 45 degree angular plane projected:

(a) Over a shallow lot, along the entire rear lot line, starting at an elevation of

10.5 metres above the average elevation of the ground along the rear lot line;

(b) Over a deep lot, along the entire rear lot line, starting at an elevation of

7.5 metres above the average elevation of the ground along the rear lot line;

(c) For the purposes of the aforegoing subsections (a) and (b) a shallow lot is a lot with a lot depth less than or equal to that which is prescribed in Column B below corresponding to the width of the street right-of-way on which the lot has frontage in Column A. For the purposes of the aforegoing subsections (a) and (b) a deep lot is a lot with a lot depth greater than that which is prescribed in Column B corresponding to the width of the street right-of-way on which lot has frontage in Column A:

Column A Column B

Width of Street Right-of-Way Lot Depth 20 metres 32.6 metres

23 metres 36.2 metres

27 metres 41 metres

30 metres 44.6 metres

33 metres 48.2 metres

36 metres 51.8 metres

(d) The specified height above the required rear yard setback at which the angular plane is to be measured, must be taken from the average elevation of grade along the rear lot line; and

(e) Where a lot has frontage on a street right-of-way that is not listed in Column A, the next lowest width of street right-of-way in Column A will apply;

(viii) The building must not penetrate a 45 degrees angular plane, measured at a line parallel to and at a height above a lot line that abuts a street and is not a rear lot line, equal to 80 per cent of the street right-of-way on which the lot has frontage;

(ix) If a lot has two or more lot lines which abut a street, then the width of the widest abutting street right-of-way shall be used in the calculation of all setback, height and angular plane provisions;

(x) Any portion of a building or structure containing residential uses located in the first floor of a building must be set back:

(a) A minimum of 4.5 metres from the front lot line; or

(b) A minimum of 3.0 metres from the front lot line provided that the floor level of the first floor is located a minimum of .9 metres and a maximum of 1.2 metres above the average elevation of grade along the front lot line;

(xi) That portion of the building that has a height equal to or less than the width of the right-of-way of the street it abuts must comply with the following:

(a) If a wall of the building has windows and a line projected at a right angle from one of these walls intercepts the other wall, the minimum above ground distance between them must be 5.5 metres;

(b) If a wall of the building has windows facing a wall which does not have windows and a line projected at a right angle from one of these walls intercepts the other wall, the minimum above ground distance between them must be 5.5 metres;

(xii) If a lawfully erected building contained retail stores with a total gross floor area in excess of 1,800 square metres prior to September 22, 2011, the building may be used for the retail store purpose;

(xiii) The building is not used for the purposes of an automobile service or repair shop or a motor vehicle repair shop Class A, unless established prior to September 22, 2011;

(xiv) The building complies with by-law provisions pertaining to maximum residential gross floor area, maximum non-residential gross floor area, maximum height, amenity space, residential amenity space, parking and loading;

(xv) A motor vehicle repair shop, Class B, is permitted as part of the vehicle dealership on the lands known municipally as 2336 St. Clair Avenue West provided it is fully enclosed and located at least 18 metres distant from the boundary of a residential zone district;

(xvi) Prior to the removal of the 'H' holding symbol on 2211St. Clair Avenue West the uses permitted and site standards applied on these lands are those provided for in an 'IC' zone district as varied for these properties. Upon removal of the 'H' holding symbol, pursuant to Section 36 of the Planning Act, permitted uses shall be as set out in an MCR T3.0 C1.0 R2.5 zone district."

Section 12(1) is further amended by adding the following exception pertaining to the lands outlined by heavy lines on Schedule 4 to this By-law, such schedule to form the map at the end of the exception:

"(488) to prevent the use of the lands outlined by heavy lines on the map at the end of this exception for the purpose of a transit facility."

Section 12(1)(487) is further amended by adding the following subsection pertaining to the lands municipally known in the year 2022 as 2221-2231 St. Clair Avenue West and outlined in heavy lines on Schedule 6 to this By-law, such schedule to form the map at the end of the exception:

"12(1) (506) to prevent the use of lands delineated by heavy lines on the map at the end of this exception for the purpose of a mixed use building provided that:

(i) The total gross floor area erected on the lot shall not exceed 19,700 square metres, of which a minimum of 500 square metres may be for retail uses

(ii) The height of any building or structure, as measured from grade, does not exceed the height in metres specified by the numbers following the symbol “H” on Schedule 6 with the exception of the following:

(a) Equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, cooling equipment, maintenance equipment storage, enclosed stairwells, garbage chutes, chimneys, and vents located within a mechanical penthouse enclosure, by a maximum of 6.0 metres;

(b) Structures that screen the equipment listed in (a) above, by a maximum of 6.0 metres;

(d) Green roof elements, roof access and parapets, located above a mechanical penthouse, by a maximum of 1.5 metres;

(e) Elevator overrun, projecting above a mechanical penthouse, by a maximum of 1.63 metres;

(f) Garbage chute ventilation, projecting above a mechanical penthouse, by a maximum of 2.8 metres;

(g) Architectural features, parapets, and elements and structures associated with a green roof located below a mechanical penthouse enclosure, by a maximum of 2.0 metres;

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

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

(j) Trellises, pergolas, and unenclosed structures providing safety or wind protection to outdoor residential amenity space, by a maximum of 3.0 metres; and

(k) Roof assemblies, by a maximum of 0.5 metres;

(iii) No residential dwelling units are permitted above 36 metres in height;

(iv) No above-grade portion of any building or structure is located otherwise than wholly within the areas delineated by heavy lines shown on Schedule 7, with the exception of the following:

(a) Exterior stairs, access ramps and elevating devices, to a maximum extent of 1.5 metres;

(b) Cladding added to the exterior surface of the main wall of a building, to a maximum extent of 0.15 metre;

(c) Architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, to a maximum extent of 0.6 metre;

(d) Eaves, to a maximum extent of 1.0 metre, if no closer to the lot line than 0.3 metres;

(e) Light fixtures, air conditioners, satellite dishes, antennae, vents, and pipes to a maximum extent of 1.0 metres;

(f) Window projections including bay windows and box windows, to a maximum extent of 0.5 metres;

(g) Planters, landscaping features, guard rails, and divider screens associated with an at grade terrace, by a maximum extent of 2.1 metres;

(h) Retaining walls and guardrails associated with an exterior underground parking garage ramp; and

(i) An accessory structure in the west side yard, used for the purposes of providing weather protection and storage for bicycle parking spaces – visitor;

(v) No above-grade portion of any building or structure excepted by (v) above may be located outside of the property lines as indicated on Schedule 7;

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

(a) at least 1.91 square metres for each dwelling unit is indoor residential amenity space located at or above grade;

(b) at least 2.12 square metres for each dwelling unit is outdoor residential amenity space whereby 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

(vii) The provision of dwelling units is subject to the following:

(a) A minimum of 15 percent of all dwelling units on the lot must have 2 or more bedrooms;

(b) A minimum of 10 percent of all dwelling units on the lot must have 3 or more bedrooms; and

(c) Any dwelling units on the lot with 3 or more bedrooms provided to satisfy (b) above must not be included in the provision required by (a) above.

(viii) Parking spaces must be provided on the lot in accordance with the following requirements:

(a) For residential dwelling units, at a minimum rate of 0.49 residential parking spaces for each dwelling unit;

(b) For residential visitors, at a minimum rate of 0.05 parking spaces per dwelling unit;

(d) For non-residential uses, at a maximum rate of 1.0 parking spaces for each 100 square metres of non-residential gross floor area;

(ix) Electric Vehicle Infrastructure, including electrical vehicle supply equipment, does not constitute an obstruction to a parking space;

(x) The minimum dimensions for an accessible parking space are:

(a) length of 5.6 metres;

(b) width of 3.4 metres;

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

(xi) An accessible vehicle parking space must be the closest parking space to:

(a) A barrier free entrance to a building;

(b) A barrier free passenger elevator that provides access to the first storey of the building; and

(xii) The maximum of 10 percent of the total number of required parking spaces may have one of the following dimensions:

(a) A minimum width of 2.6 metres, obstructed on one or both sides;

(b) A minimum length of 5.3 metres;

(xiii) Bicycle parking spaces must be provided and maintained on the lot in accordance with the following minimum standards:

(a) 0.91 bicycle parking spaces – occupant per dwelling unit; and

(b) 0.1 bicycle parking spaces – visitor per dwelling unit;

(xiv) One (1) loading space - Type G must be provided;

(xv) Notwithstanding Section 4(16) of By-law 438-86, an apartment building having a residential gross floor area in excess of 2,800 square metres is not required to have a driveway that serves an entrance to the building and which allows vehicles to travel in one continuous motion;

(xvi) None of the provisions of Zoning By-law 438-86 of the former City of Toronto, as amended, or this By-law shall apply to prevent a temporary construction, sales or leasing office on the lot; and

(xvii) For the purposes of this exception, all italicized words and expressions have the same meanings as defined in Zoning By-law 438-86, as amended, with the exception of the following:

(a) “bicycle parking space – occupant” means an area that may be equipped with a stacked bicycle rack for the purpose of parking and securing bicycles, and:

i. where the bicycles are to be parked on a horizontal surface, has horizontal dimensions of at least 0.6 metres by at least 1.8 metres and has a combined vertical dimension for two stacked bicycle parking spaces of at least 2.4 metres;

ii. where the bicycles are to be parked in a vertical position, has horizontal dimensions of at least 0.6 metres by 1.2 metres and a vertical clearance of at least 1.9 metres; and

iii. may be located outdoors or indoors, on the first storey below ground, and may be located within a secured room, enclosure or bicycle locker;

(b) “bicycle parking space – visitor” means an area that may be equipped with a stacked bicycle rack for the purpose of parking and securing bicycles, and:

i. where the bicycles are to be parked on a horizontal surface, has horizontal dimensions of at least 0.6 metres by at least 1.8 metres and a combined vertical dimension for two stacked bicycle parking spaces of at least 2.4 metres;

ii. where the bicycles are to be parked in a vertical position, has horizontal dimensions of at least 0.6 metres by at least 1.2 metres and a vertical clearance of at least 1.9 metres; and

iii. may be located outdoors or indoors, on the ground floor;;

(d) “gross floor area” means the area in a mixed use building reduced by the area in the building used for:

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

ii. required loading spaces at 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. shower and change facilities required by this By-law for required bicycle parking spaces;

v. residential amenity space required by this By-law;

vi. elevator shafts;

vii. garbage shafts;

viii. mechanical penthouse; and

ix. exit stairwells in the building.

(e) “height” means the vertical distance between grade and the highest point of the roof of any building on the lot, except for those elements prescribed by this Bylaw;

(f) “lot” means those lands outlined in heavy black lines on Schedule 6; and

(g) “temporary construction, sales or leasing office” means a temporary building, structure, facility, or trailer on the lands used exclusively for the purpose of marketing or sale of dwelling units or non-residential gross floor area to be erected on the lot for a period of not more than 3 years from the date this By-law comes into full force and effect.

Section 12(1) is further amended by adding the following exception pertaining to the lands municipally known in the year 2022 as 2237, 2255 and 2283 St. Clair Avenue West and outlined in heavy lines on Schedule 7 to this By-law, such schedule to form the map at the end of the exception:

“12(1) (507) to prevent the use of lands delineated by heavy lines on the map at the end of this exception for the purpose of a mixed commercial-residential building or structure provided:

(xviii) The total aggregate residential gross floor area and non-residential gross floor area on the lot must not exceed 35,500 square metres, subject to the following limitations:

(a) A maximum of 34,500 square metres may be used for residential gross floor area; and

(b) A minimum of 1,000 square metres may be used for non-residential gross floor area;

(xix) The height of any building or structure, as measured from grade, does not exceed the height in metres specified by the numbers following the symbol “H” on Schedule 9, with the exception of the following:

(a) Equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, cooling equipment, maintenance equipment storage, enclosed stairwells, garbage chutes, chimneys, and vents located withina mechanical penthouse enclosure, by a maximum of 6.0 metres;