Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 15, 2024
CASE NO.: OLT-21-001796 (Formerly PL210017)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Skale 1375 QSW LP
Subject: Application to amend Zoning By-law No. 438-86 – Refusal or neglect of City of Toronto to make a decision
Existing Zoning: MCR T2.5 C1.2 R2.0
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit an 8-storey mixed-use rental building
Property Address: 1375 Queen Street West
Municipality: City of Toronto
Municipal File No.: 20 124823 STE 04 OZ
OLT Case No.: OLT-21-001796
Legacy Case No.: PL210017
OLT Lead Case No.: OLT-21-001796
Legacy Lead Case No.: PL210017
OLT Case Name: Skale 1375 QSW LP v. Toronto (City)
BEFORE:
HUGH S. WILKINS VICE-CHAIR
Monday, the 15th day of April, 2024
THIS MATTER having come on for a public hearing on January 11, 2022;
AND THE TRIBUNAL having heard expert opinion evidence in the area of land use planning in support of a settlement between the parties and being satisfied that the settlement has appropriate regard for matters of provincial interest, is consistent with the Provincial Policy Statement (2020), conforms with the Growth Plan for the Greater Golden Horseshoe (2019), as amended, conforms with the City of Toronto Official Plan, represents good planning, and is in the public interest;
AND THE TRIBUNAL HAVING, in a decision issued January 18, 2022, allowed the above-noted appeal, in part, and approved the Zoning By-law Amendment contingent on upon satisfaction of the pre-requisite matters identified in paragraph 14 of the Decision;
AND THE TRIBUNAL HAVING been advised by the parties that the pre-requisite matters in paragraph 14 of the Decision have been addressed to the satisfaction of the City;
THE TRIBUNAL HEARBY ORDERS that the above-noted appeal is allowed, in part, and 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
ZONING BY-LAW AMENDMENT TO BY-LAW NO. 569-2013 OF THE CITY OF TORONTO
Authority: Ontario Land Tribunal Decision issued on January 18, 2022 and Ontario Land Tribunal Order issued on April 15, 2024 in Tribunal File OLT-21-001796 (Formerly PL210017)
CITY OF TORONTO
BY-LAW -2024 (OLT)
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 1375 Queen Street West.
Whereas the Ontario Land Tribunal, in its Decision issued on January 18, 2022 and its Order issued on Monday, April 15, 2024, in file OLT-21-001796 (Formerly PL210017), 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 2024 as 1375 Queen Street West; and
Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, as amended, to pass this By-law;
The Ontario Land Tribunal Orders:
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 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 CR 2.5 (c1.0; r2.0) SS2 (x2609) to a zone label of CR 2.5 (c1.0; r2.0) SS2 (x967) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 967 so that it reads:
(967) Exception CR (967)
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) These premises must comply with Exception 900.11.10(2);
(B) On 1375 Queen Street West, and despite (A) above, 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 (C) to (P) below:
(C) Despite Regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 97.90 metres and the elevation of the highest point of the building or structure;
(D) Despite Regulation 40.10.40.10(2) and (7), the permitted maximum height of a building or structure is the number in metres following the letters "HT" and 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 insert By-law ##];
(E) Despite Regulation 40.10.40.10(5), the required minimum height of the first storey, as measured between the floor of the first storey and the ceiling of the first storey, is 4.2 metres;
(F) Despite Regulations 40.5.40.10(3) to (8) and (D) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law [Clerks to insert By-law ##]:
(i) equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, by a maximum of 3.0 metres;
(ii) structures that enclose, screen or cover the equipment, structures and parts of a building listed in (i) above, by a maximum of 3.0 metres;
(iii) architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 3.0 metres;
(iv) building maintenance units and window washing equipment, by a maximum of 3.0 metres;
(v) planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 3.0 metres; and
(vi) trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres;
(G) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures on the lot is 3,850 square metres, of which:
(i) the permitted maximum gross floor area for residential uses is 3,450 square metres;
(ii) the permitted maximum gross floor area for non-residential uses is 400 square metres; and
(iii) the required minimum gross floor area for non-residential uses is 250 square metres;
(H) Despite Regulation 40.10.40.50(1) and (2), a building with 20 or more dwelling units must provide amenity space on the lot at the following rate:
(i) at least 2.0 square metres for each dwelling unit as indoor amenity space; and
(ii) at least 2.0 square metres for each dwelling unit as outdoor amenity space;
(I) Despite Regulation 40.10.40.70(2), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law ##];
(J) Despite Clause 40.10.40.60 and (I) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(i) decks, porches, and balconies, by a maximum of 2.0 metres;
(ii) canopies and awnings, by a maximum of 2.0 metres;
(iii) exterior stairs, access ramps and elevating devices, by a maximum of 2.0 metres;
(iv) cladding added to the exterior surface of the main wall of a building, by a maximum of 2.0 metres;
(v) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 2.0 metres;
(vi) window projections, including bay windows and box windows, by a maximum of 2.0 metres;
(vii) eaves, by a maximum of 2.0 metres;
(viii) a dormer, by a maximum of 2.0 metres; and
(ix) air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 2.0 metres;
(K) Of the total number of dwelling units provided on the lot:
(i) a minimum of 25 percent must be two-bedroom or three-bedroom dwelling units;
(L) Clause 40.10.50.10(3), with regards to landscaping, does not apply;
(M) 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 0.3 parking spaces per dwelling unit for residential occupants;
(ii) no parking spaces are required for residential visitors; and
(iii) no parking spaces are required for non-residential uses;
(N) Despite Regulation 200.5.1(3), the minimum width of a drive aisle is 5.7 metres;
(O) Despite Clause 220.5.10.1, loading spaces are not required to be provided; and
(P) Regulation 40.10.40.1.(6), regarding the location of entrances when abutting a residential zone, does not apply.
Prevailing By-laws and Prevailing Sections:
(A) Section 12(2) 70 of former City of Toronto By-law 438-86; and
(B) Section 12(2) 270(a) 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.
Ontario Land Tribunal Decision issued on January 18, 2022 and Ontario Land Tribunal Order issued on April 15, 2024 in Tribunal File OLT-21-001796 (Formerly PL210017)
Diagram 1
Diagram 2
Diagram 3