Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 18, 2024
CASE NO.: OLT-22-003929
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Fieldgate Two-Twenty Apartments Limited
Subject: Application to amend Zoning By-laws No. 7625 & 569-2013 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: RM6
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit development of two additional residential buildings
Property Address/Description: 20 Godstone Rd.
Municipality: City of Toronto
Municipality File No.: 19 117787 NNY 17 OZ
OLT Case No.: OLT-22-003929
OLT Lead Case No.: OLT-22-003929
OLT Case Name: Fieldgate Two-Twenty Apartments Limited v. Toronto (City)
BEFORE:
M. A. SILLS VICE-CHAIR
Wednesday, the 18th day of December, 2024
THIS MATTER having been heard by the Ontario Land Tribunal (the “Tribunal”) at a Settlement Hearing on May 3, 2023 regarding the settlement for the lands located at 20 Godstone Rd. (the “Subject Lands”), and the Tribunal having issued an Interim Order dated May 19, 2023 having ordered that the proposed Zoning By-law Amendment is approved in principle with the Final Order being withheld pending receipt and approval by the Tribunal of the proposed Zoning By-law Amendment submitted in final form and confirmed in writing to be satisfactory to the City Solicitor;
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 569-2013 is approved in accordance with Attachment 1 to this Order as it applies to the Subject Lands;
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 dated December 18, 2024,
Enacted by Council: , 20
CITY OF TORONTO
Bill No. ~
BY-LAW No. -20
To Amend the City of Toronto Zoning By-Law No. 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 20 Godstone Road
Whereas Council of the City of Toronto 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
Whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;
Whereas pursuant to Section 39 of the Planning Act, as amended, 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 in the by-law.
The Council of the City of Toronto enacts:
The lands subject to this By-law are outlined by heavy black line 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, 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 outlined by heavy black lines from a zone label of RAC (f30.0; a1375; d1.5) to a zone label of RAC (f30.0; a1375; d1.5 (x220), as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.8.10 Exception Number 220 so that is reads:
Exception RAC (x220)
The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-law and Prevailing Sections.
Site Specific Provisions:
(A) On lands municipally known as 20 Godstone Road, 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 with (B) to (Q) below.
(B) Despite regulation 15.20.40.40(1), the permitted maximum gross floor area of all buildings and structures is subject to the following:
(i) the permitted maximum gross floor area for the “Existing Building”, is 16,050 square metres;
(ii) the permitted maximum gross floor area for “West Building” , is 9,100 square metres;
(iii) the permitted maximum gross floor area for “East Building” is 6,000 square metres.
(C) Despite regulation 15.5.40.10(1), the height of a building or structure is the distance between Canadian Geodetic elevation of 179.65 metres and the elevation of the highest point on the building or structure;
(D) Despite regulation 15.20.40.10(1), 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]; [Clerks to supply by-law #].
(E) Despite regulation 15.20.40.10(2), the 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 supply by-law #].
(F) Despite (D) above, and regulations 15.5.40.10(2), (3) and (4), for the “West Building” and the “East Building”, the following equipment and structures may project beyond the permitted maximum height as shown on Diagram 3 of By-law [Clerks to supply by-law #]:
(i) Mechanical penthouses and associated equipment, lighting fixtures, fences and safety railings, architectural features, trellises, balustrades, window washing equipment, chimneys, vents, stacks, transformer vaults, roof access hatches, stair landings, and public art features, and elevator overruns, by a maximum of 6.0 metres;
(ii) parapets, guardrails, by a maximum of 1.2 metres;
(iii) wheelchair ramps, by a maximum of 1.0 metre;
(iv) retaining walls, outdoor furniture, by a maximum of 1.0 metre;
(v) walkways, stairs, covered stairs and or stair enclosures associated with an entrance or exit from an underground parking garage, by a maximum of 3.0 metres;
(vi) elements or structures on the roof of the building used for outside or open air recreation, safety or wind protection purposes, by a maximum of 3.0 metres;
(vii) privacy screens, architectural screens, by a maximum of 3.0 metres;
(viii) ornamental elements, architectural elements, landscaping elements, green roof elements, by a maximum of 1.8 metres; and
(ix) underground garage ramps and their associated structures, by a maximum of 2.0 metres.
(G) Despite Clause 15.20.40.70, the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law number];
(H) Despite Clause 15.20.40.80, the required separation of main walls are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law number];
(I) Despite (H) above and Clause 15.5.40.60, for the “West Building” and the “East Building”, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(i) balconies, by a maximum of 1.8 metres;
a. despite (i) above, balconies on the east elevation of the “East Building”, as shown on Diagram 3, and facing Godstone Road are not permitted on the first to fourth storeys; and
b. despite (i) above, the maximum width of each balcony on the east elevation of the “East Building”, as shown on Diagram 3, facing Godstone Road is 3.0 metres.
(ii) patios, decks, terraces by a maximum of 2.0 metres;
(iii) cornices, light fixtures, ornamental elements, operable portions of windows, by a maximum of 0.5 metres;
(iv) art and landscape features, by a maximum of 3.0 metres;
(v) eaves, window sills, planters, roof drainage, by a maximum of 0.5 metres;
(vi) guardrails, balustrades, railings, stairs, by a maximum of 2.0 metres:
(vii) wheelchair ramps, by a maximum of 3.0 metres;
(viii) awnings and canopies, by a maximum of 2.0 metres;
(ix) screens, site servicing features, by a maximum of 3.0 metres; and
(x) mechanical and electrical equipment, vents, retaining walls, walkways and underground garage ramps and associated structures, by a maximum of 3.0 metres.
(J) Despite Regulation 15.20.40.50(1), indoor amenity space must be provided at the following rate:
(i) at least 180.0 square metres in the “Existing Building”;
(ii) at least 250.0 square metres in the “West Building”; and
(iii) at least 140.0 square metres in the “East Building”;
(K) Despite Regulation 15.5.50.10(1), a lot in the Residential Apartment Zone category, must have:
(i) a minimum of 40% of the area of the lot for landscaping; and
(ii) a minimum of 50% of the landscaping area required in (K)(i) above, must be soft landscaping;
(L) Despite Regulation 970.10.15.5(5) and Table 970.10.15.5, parking spaces must be provided and maintained on the lot in accordance with the following:
(i) a maximum of 0.6 parking spaces for each bachelor dwelling unit;
(ii) a maximum of 0.7 parking spaces for each one bedroom dwelling unit;
(iii) a maximum of 0.9 parking spaces per each two bedroom dwelling unit; and
(iv) a maximum of 1.0 parking spaces per three bedroom dwelling units;
(v) Visitor parking spaces provided at 0.1 parking spaces per dwelling unit
(M) For the purpose of this exception, each word or expression that is in bold font will have the same meaning as such word or expression as defined in Chapter 800 of Zoning By-law 569-2013, as amended, except for the following:
(i) “Existing Building” means the building labelled with the words “Existing Building” on Diagram 3 of By-law [Clerks to supply by-law #];
(ii) “West Building” means the building labelled with the words “West Building” on Diagram 3 of By-law [Clerks to supply by-law #];
(iii) “East Building” means the building the building labelled with the words “East Building” on Diagram 3 of By-law [Clerks to supply by-law #];
- Temporary Use(s):
(A) None of the provisions of Zoning By-law 569-2013, as amended, or this By-law apply to prevent the erection and use of a temporary dales or leasing office which means a temporary building or trailer for conducting rental leasing of new dwelling units provided the building or trailer is located within the property and that leasing is restricted to dwelling units within the overall development, and such a temporary office for conducting leasing of new dwelling units, may be established within a dwelling unit or model, on the lands to which this By-law applies for a period of 3 years from the date this By-law comes into full force and effect, after which this temporary use permission expires.
ENACTED AND PASSED this ~ day of , 20.
Olivia Chow, John D. Elvidge,
Mayor City Clerk