The Donway East Limited v. Toronto (City), 2024 CanLII 83201

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 27, 2024

CASE NO(S).: OLT-23-001066

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: The Donway East Limited

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit four residential buildings ranging in height from 16 to 32 storeys

Reference Number: 21 223792 NNY 16 OZ

Property Address: 1053 Don Mills Road and 2-6 The Donway East

Municipality: City of Toronto

OLT Case No.: OLT-23-001066

OLT Lead Case No.: OLT-23-001066

OLT Case Name: The Donway East Limited v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: The Donway East Limited

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description: To permit four residential buildings ranging in height from 16 to 32 storeys

Reference Number: 21 223797 NNY 16 SB

Property Address: 1053 Don Mills Road and 2-6 The Donway East

Municipality: City of Toronto

OLT Case No.: OLT-23-001067

OLT Lead Case No.: OLT-23-001066

OLT Case Name: The Donway East Limited v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, S.O. 2006, c. 11, as amended

Applicant and Appellant: The Donway East Limited

Subject: Site Plan

Description: To permit four residential buildings ranging in height from 16 to 32 storeys

Reference Number: 23 139212 NNY 16 SA

Property Address: 1053 Don Mills Road and 2-6 The Donway East

Municipality: City of Toronto

OLT Case No.: OLT-23-001068

OLT Lead Case No.: OLT-23-001066

OLT Case Name: The Donway East Limited v. Toronto (City)

Heard: August 13, 2024, in writing

APPEARANCES:

Parties

Counsel

The Donway East Limited

Ian Andres

City of Toronto

Amanda Hill Jason Davidson (in absentia)

DECISION DELIVERED BY S.L. DIONNE AND INTERIM ORDER OF THE TRIBUNAL

Link to Order

DECISION

1The matters before the Tribunal are appeals filed pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”), of a Zoning By-law Amendment (“ZBA”), s. 51(34) of the Act of a Draft Plan of Subdivision (“DPS”), and s. 114(15) of the City of Toronto Act of a Site Plan (“SP”) due to the failure of the City of Toronto (“City”) to make a decision within the prescribed timeframe(s).

2The Donway East Limited (“Applicant”) seeks to redevelop five parcels of land municipally known as 1053 Don Mills Road and 2, 4 & 6 The Donway East, located at the northeast corner of The Donway East and Don Mills Road in the City of Toronto (“Subject Site”). Currently, there are four 3.5 storey residential apartment buildings containing a total of 160 rental dwelling units situated on the Subject Site.

3The Parties have reached a settlement with respect to the proposed redevelopment on the Subject Site. The “Settlement Proposal” includes four residential buildings of 16, 25, 29 and 29 storeys in height, along with a new public park, a privately-owned public space (“POPS”), and an 18.5 metre (“m”) public street aligned with Moccasin Trail. A total of 1,401 dwelling units are proposed, comprised of 1,179 condominium units, 62 market rental units, and 160 rental replacement units.

4On July 24-25, 2024, City Council approved the Settlement Proposal, in principle, contingent upon the fulfilment of certain conditions. The Parties are seeking the Tribunal’s approval, in principle, of the Settlement Proposal and have filed with the Tribunal a draft Zoning By-law Amendment (“ZBA”) to facilitate the re-development of the Subject Site. The Parties also request that the Tribunal adjourn the DPS and SP appeals sine die, to be brought forward for a resolution at a later date once appropriate resubmission materials have been submitted by the Applicant and reviewed and accepted by the City.

5The Tribunal confirms that it has received, reviewed, and considered the following materials:

a. The uncontested opinion evidence of Ryan D. Doherty, a registered professional land use planner and member of both the Canadian Institute of Planners (“CIP”) and the Ontario Professional Planners Institute (“OPPI”), contained in his comprehensive Affidavit affirmed on August 8, 2024 and marked as Exhibit 1;

b. The Applicant’s ‘without prejudice’ settlement offer dated July 5, 2024, and the accompanying architectural plans, preliminary phasing plans, and shadow impact study prepared by BDP Quadrangle and dated June 28, 2024, and attached as Exhibit “M” to Mr. Doherty’s Affidavit;

c. A City Council resolution accepting the without prejudice offer to settle, adopted at Council’s meeting of July 24-25, 2024, and attached as Exhibit “N” to Mr. Doherty’s Affidavit;

d. A draft Zoning By-law Amendment to the City-wide Zoning By-law No. 569-2013 (“ZBLA”) attached as Exhibit “O” to Mr. Doherty’s Affidavit; and,

e. The Participant Statement of Kimberly Sanderson (138 Barber Greene Road).

6The Tribunal understands that the affidavit evidence of Mr. Doherty reflects revisions to the applications before the Tribunal that were reached through the cooperative efforts of the Parties. A comparison of the original, the revised and the Settlement Proposal is outlined in the following table:

Table 1 – Comparison of Development Statistics

Standard

Original Proposal (Oct. 2021)

Revised Proposal (Apr. 2023)

Settlement Proposal (Aug. 2024)

Site Area Gross Site Area Less: City-Owned Land Less: Public Street A Less: Public Lane Less: Road Widening Net Site Area

19,959 sq. m. 1,172 sq. m. 881 sq. m.

17,906 sq. m.

19,959 sq. m. 1,172 sq. m. 815 sq. m. 474 sq. m. 460 sq. m. 17,038 sq. m.

19,959 sq. m. 1,172 sq. m. 865 sq. m. 454 sq. m. 17,468 sq. m.

Building Height

Storeys

Metres (Top of Roof)

99.7

76.1

53.5

88.3

92.3

77.5

39.5

80.0

93.5

54.5

81.5

Metres (Top of MPH)

108.8

82.2

59.5

94.6

98.3

83.5

45.6

86.0

99.5

60.5

87.5

Gross Floor Area Residential GFA

80,731 sq. m.

84,023 sq. m.

88,878 sq. m.

Proposed Density (Gross)

4.05 FSI

4.21 FSI

4.45 FSI

Unit Mix Studio One-bedroom Two-bedroom Three-bedroom Total Units

172 units (15%) 479 units (40%) 416 units (35%) 118 units (10%) 1,185 units

9 units (1%) 688 units (59%) 359 units (31%) 120 units (10%) 1,176 units

52 units (4%) 794 units (57%) 430 units (31%) 125 units (9%) 1,401 units

Total Condo Total Rental Replacement Total Market Rental

991 units 160 units 34 units

966 units 160 units 50 units

1,179 units 160 units 62 units

Amenity Space Indoor Amenity Outdoor Amenity

2,716 sq. m. (2.29 sq. m. per unit) 3,480 sq. m. (2.94 sq. m. per unit)

2,365 sq. m. (2.01 sq. m. per unit) 3,640 sq. m. (3.10 sq. m. per unit)

3,260 sq. m. (2.33 sq. m. / unit) 2,607 sq. m. (1.86 sq. m. / unit)

Open Space Parkland Dedication POPS

1,791 sq. m. (10% of net site area) 895 sq. m. (5% of net site area)

1,704 sq. m. (10% of net site area) 852 sq. m. (5% of net site area)

1.747 sq. m. (10% of net site area) 873 sq. m. (5% of net site area)

Vehicle Parking Residential Visitor Total Vehicle Parking

961 spaces 119 spaces 800 spaces

616 spaces 64 spaces 680 spaces

338 spaces 75 spaces 413 spaces

Bicycle Parking Long-Term Short-Term Total Bicycle Parking

1,067 spaces 119 spaces 1,186 spaces

1,059 spaces 119 spaces 1,178 spaces

1,262 spaces 141 spaces 1,403 spaces

4 Type “G” spaces

7The City requested that the Tribunal withhold its Final Order until the City Solicitor has advised that certain conditions have been met, as identified at paragraph 124 of Mr. Doherty’s Affidavit.

8The Tribunal accepts the opinion evidence of Mr. Doherty as presented in his Affidavit and similarly finds that the subject applications, as revised, have regard to those applicable matters of provincial interest found in section 2 of the Act, are consistent with the Provincial Policy Statement (2020), conform to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, as amended (2020), conform to the City of Toronto Official Plan and the Central Don Mills Secondary Plan, have regard to the City’s relevant urban design guidelines, and otherwise reflect principles of good land use planning. Furthermore, the Tribunal makes its findings considering that the settlement has been endorsed by the City.

9The Tribunal finds that the appeal under subsection 34(11) of the Act should be allowed, in part, and that the proposed redevelopment of the Subject Site should be approved in principle in accordance with the plans attached as Exhibit “M” to the Affidavit of Ryan D. Doherty, affirmed on August 8, 2024, and filed with the Tribunal. This finding is contingent upon the conditions, requested by the City and recommended by Mr. Doherty in this hearing, as set out in paragraph 124 of his Affidavit, which the Tribunal finds to be appropriate.

10The Tribunal grants the request to adjourn sine die the Applicant’s appeals pursuant to s. 51(34) of the Act and s.114(15) of the City of Toronto Act.

INTERIM ORDER

11THE TRIBUNAL ORDERS THAT the related appeals under subsection 51(34) of the Planning Act regarding the proposed draft plan of subdivision and under subsection 114(15) of the City of Toronto Act, 2006 regarding site plan approval are adjourned sine die, to be brought forward for resolution at a later date once appropriate resubmission materials have been submitted by the Applicant and reviewed and accepted by the City.

12THE TRIBUNAL FURTHER ORDERS THAT the appeal pursuant to s.34(11) of the Planning Act is allowed, in part, on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters identified in paragraph [13] below, and the Draft Zoning By-law Amendment set out in Attachment 1 to this Interim Order, is hereby approved in principle.

13The Tribunal will withhold the issuance of its Final Order contingent upon written confirmation from the City Solicitor of the following pre-requisite matters:

a. the final form and content of the draft Zoning By-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Draft Plan of Subdivision as well as the Conditions of Draft Plan Approval respecting the proposed Plan of Subdivision are in a form and content acceptable to the Chief Planner and Executive Director, City Planning, prepared in consultation with the City Solicitor and appropriate City Divisions;

c. the Owner has provided a final wind tunnel study, to the satisfaction of the Chief Planner and Executive Director, City Planning;

d. the Owner has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the applications to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the Owner has provided a Functional Servicing Report, Hydrogeological Report, and Stormwater Management Report to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water that address both the Zoning By-law Amendment and Draft Plan of Subdivision;

f. the Owner has provided a revised Traffic Impact Study, including acceptable Transportation Demand Measures, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning that address both the Zoning By-law Amendment and Draft Plan of Subdivision;

g. the Owner has made satisfactory arrangements with the City and has entered into the appropriate agreement(s) for the design and construction of any improvements to municipal infrastructure, should it be determined that upgrades and/or road and/or signal improvements are required to the infrastructure to support the development, according to the accepted Engineering Reports and Traffic Impact Study accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Transportation Services;

h. the Owner has satisfactorily addressed matters from the Urban Forestry, Tree Protection and Plan Review memorandum dated July 5, 2023, or as may be updated, in response to further submissions filed by the Owner, all to the satisfaction of the Supervisor, Tree Protection and Plan Review;

i. the Owner has entered into an agreement with the City for the fee simple conveyance of the on-site parkland dedication requirement and at no cost to the City, with such conveyance to occur prior to issuance of the first above-grade building permit for the first building in the second phase of development or on terms satisfactory to the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; the Owner shall provide a letter of credit for the value of the parkland prior to issuance of the first above-grade building permit in the first phase of development and register a restriction under Section 118 of the Land Titles Act, R.S.O. 1990 on same in accordance with the City’s standard terms;

j. the agreement referred to above shall include terms requiring the conveyance of the parkland free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition; the Owner may propose the exception of encumbrances of tiebacks, where such an encumbrance is deemed acceptable by the General Manager, Parks, Forestry and Recreation, in consultation with the City Solicitor; and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management; and,

k. City Council has approved the Rental Housing Demolition Application 21 223798 NNY 16 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the one hundred-sixty (160) existing rental dwelling units at 1053 Don Mills Road, 2, 4, 4R, and 6 The Donway East, and the Owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision, including:

i. replacement of the existing 160 rental housing units, including the same number of units, bedroom type and size and with similar rents; and

ii. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning.

14The Member will remain seized for the purposes of reviewing and approving the final Zoning By-law Amendment and the issuance of the Final Order.

15If the Parties do not provide confirmation that all contingent pre-requisites to the issuance of the Final Order as set out in paragraph [13] above have been satisfied, and do not request the issuance of the Final Order, by Friday, January 31, 2025, the Parties shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation and submission of the final form of the Zoning By-law Amendment and issuance of the Final Order by the Tribunal.

16The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadline for the submission of the final form of the instruments, the satisfaction of the contingent pre-requisites and the issuance of the Final Order.

“S. L. Dionne”

S. L. DIONNE

MEMBER

Ontario Land Tribunal

Website: www.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

DRAFT ZONING BY-LAW AMENDMENT (AUGUST 8, 2024)

Authority: Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal Case No. OLT-23-001066.

CITY OF TORONTO

BY-LAW No. XXX-2024(OLT)

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2023 as 1053 Don Mills Road and 2, 4, 4R and 6 The Donway East.

Whereas the Ontario Land Tribunal, by its Decision issued on [date] and its Order issued on [date], in respect of Tribunal File No. OLT-23-001066, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, determined to amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2023 as 1053 Don Mills Road and 2, 4, 4R and 6 The Donway East; and

Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, as amended, to pass this By-law; and

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; and

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, 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 RM (f21.0; a835; d1.0) to RM (x###) and O as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by amending Article

900.6.10 Exception Number ### so that it reads:

(###) Exception RM ###

City of Toronto By-law [Clerks to insert By-law number]

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 lands municipally known as 1053 Don Mills Road and 2, 4, 4R and 6 The Donway East, 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 (X) below;

(B) Despite Regulation 10.5.40.10(1), the height of a building or structure is the distance between the Canadian Geodetic Datum of 140.99 metres and the elevation of the highest point of the building or structure;

with an apartment building, does not apply;

(D) Despite Regulation 10.5.50.10(5), soft landscaping is not required along the portion of north lot line abutting another lot in the Residential Zone category;

(E) Despite Regulation 10.5.80.30(1), surface parking spaces may be located within 3.0 metres from any main walls of “Building D”;

(F) Regulation 10.5.100.1(5), with respect to driveway access to apartment buildings, does not apply;

(G) Regulation 10.80.30.40(1)(A), with respect to the permitted maximum lot coverage, does not apply;

(H) Despite Regulation 10.80.40.10(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 ##];

(I) Despite Regulations 10.5.40.10(2) to (4) and (C) 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 a building, including electrical, utility, mechanical and ventilation equipment, as well as enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, by a maximum of 6.5 metres;

(ii) structures that enclose, screen or cover the equipment, structures

and parts of a building listed in (i) above, including a mechanical penthouse, by a maximum of 6.5 metres;

(iii) architectural features, parapets, and elements and structures

associated with a green roof, by a maximum of 1.5 metres;

(iv) green roof elements and parapets located on top of a mechanical penthouse enclosure, may further exceed the permitted maximum height in (i) and (ii) above by a maximum of 1.0 metre;

(v) building maintenance units and window washing equipment, by a maximum of 5.0 metres;

(vi) building maintenance units and window washing equipment located on top of a mechanical penthouse enclosure may further exceed the permitted maximum height in (i) and (ii) above by a maximum of 5.0 metres;

(vii) planters, landscaping features, and guard rails, by a maximum of

1.5 metres;

(viii) divider screens on a balcony and/or terrace, by a maximum of 3.0 metres;

(ix) trellises, pergolas, cabanas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.5 metres;

(J) Despite Regulation 10.80.40.40(1), the permitted maximum gross floor area of all buildings and structures on the lot is 89,500 square metres;

(K) An apartment building with 20 or more dwelling units must provide amenity space at a minimum rate of 4.0 square metres for each dwelling unit, of which:

(i) at least 2.0 square metres for each dwelling unit is indoor amenity space;

(ii) at least 40.0 square metres is outdoor amenity space in a location adjoining or directly accessible to the indoor amenity space;

(iii) no more than 25% of the outdoor component may be a green roof; and

the minimum requirement for amenity space individually within “Building A”, “Building B”, “Building C” and “Building D” may be reduced, so long as the minimum requirement for amenity space is cumulatively met across all four buildings on the lot.

(L) Despite Regulations 10.5.40.70(1) and 10.80.40.70(1), (2) and (3), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law ##];

(M) Despite Regulation 10.80.40.80(2) the required separation of main walls

are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law ##];

(N) Despite Regulation 10.5.40.50(2), Clause 10.5.40.60, and (L) and (M) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:

(i) decks and balconies, by a maximum of 2.0 metres;

(ii) at grade terrace walls and privacy screens, by a maximum of 3.0 metres;

(iii) canopies and awnings, by a maximum of 3.0 metres;

(iv) exterior stairs, access ramps and elevating devices, by a maximum of 3.0 metres;

(v) cladding added to the exterior surface of the main wall of a building, by a maximum of 0.5 metres;

(vi) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 1.0 metres;

(vii) window projections, including bay windows and box windows, by a maximum of 1.0 metres;

(viii) eaves, by a maximum of 1.0 metres; and

(ix) light fixtures, satellite dishes, antennae, vents, and pipes, by a maximum of 1.0 metres;

(O) Despite Regulations Regulation 970.10.15.5(5) and Table 970.10.15.5,

parking spaces must be provided in accordance with the following:

(i) for residential occupants:

(a) at a minimum rate of zero;

(b) at a maximum rate of:

i. 0.7 parking spaces for each bachelor dwelling unit up to 45 square metres and 1.0 parking space for each bachelor dwelling unit greater than 45 square metres;

ii. 0.8 parking spaces for each one bedroom dwelling unit;

iii. 0.9 parking spaces for each two bedroom dwelling unit; and

iv. 1.1 parking spaces for each three or more bedroom dwelling unit;

(ii) for residential visitors:

(a) at a minimum rate of 2.0 parking spaces plus 0.05 parking spaces per dwelling unit; and

(b) at a maximum rate of 1.0 parking space per dwelling unit for the first five dwelling units plus 0.1 parking spaces per dwelling unit for the sixth and subsequent dwelling units;

(P) Despite Regulation 200.5.1.10(2), a maximum of 10 percent of the total parking spaces provided on the lands may have a minimum width of 2.6 metres, despite being obstructed on one or both sides as described in Regulation 200.5.1.10(2)(D) without being required to provide additional width for the obstructed sides of the parking space;

(Q) Despite Regulations 200.5.1.10(2)(D), electric vehicle infrastructure, including electrical vehicle supply equipment or an energized outlet, does not constitute an obstruction to a parking space;

(R) Despite Regulation 200.15.1(1) and (3) an accessible parking space must comply with the following:

(i) accessible parking spaces must have the following minimum dimensions:

(a) length of 5.6 metres;

(b) width of 3.4 metres; and

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

(S) Despite Regulation 200.15.1(4), an accessible parking space is not required to be the closest parking space to:

(i) a barrier free entrance to a building; or

(ii) a passenger elevator that provides access to the first storey

of a building;

(T) Despite Regulation 200.15.10.10 (1), a minimum of 37 accessible parking spaces are required, and must be provided at the following rate:

(i) for “Building A” and “Building B”, a combined minimum of 19 accessible parking spaces;

(ii) for “Building C”, a minimum of 8 accessible parking spaces; and

(iii) for “Building D”, a minimum of 10 accessible parking spaces;

(U) Despite Regulation 230.5.1.10(9), “long-term” bicycle parking spaces are permitted to be located on all levels of the building and parking garage both above and below ground;

(V) Despite Regulation 230.5.1.10(10), “short-term” bicycle parking spaces may be located in a stacked bicycle parking space;

(W) Despite Regulations 230.40.1.20(2), a “short-term” bicycle parking space may be located more than 30 metres from a pedestrian entrance to the building on the lot; and

(X) 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) “Building A” shall mean the building labeled as such with an HT label greater than 0, as shown on Diagram 3 of By-law [Clerks to insert By-law ##];

(ii) “Building B” shall mean the building labeled as such with an HT label greater than 0, as shown on Diagram 3 of By-law [Clerks to insert By-law ##];

(iii) “Building C” shall mean the building labeled as such with an HT label greater than 0, as shown on Diagram 3 of By-law [Clerks to

(iv) “Building D” shall mean the building labeled as such with an HT label greater than 0, as shown on Diagram 3 of By-law [Clerks to insert By-law ##];

Prevailing By-laws and Prevailing Sections: (None Apply)

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.
Temporary Use(s):

(A) None of the provisions of By-law 569-2013, as amended, apply to prevent the erection and use of a temporary sales, leasing or construction office, which is a temporary building, structure, facility, or trailer on the lands used exclusively for the purpose of marketing, sale or lease of dwelling units 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.

Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal Case No. OLT-23-001066.