Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 23, 2024
CASE NO.: OLT-22-002961
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Rimap and Main Development Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 40-storey mixed-use building
Reference Number: 21 215777 WET 03 OZ
Property Address: 5238 Dundas Street West and 28 Jopling Avenue South
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-002961
OLT Lead Case No.: OLT-22-002961
OLT Case Name: Rimap and Main Developments Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Rimap and Main Development Inc.
Subject: Request to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 40-storey mixed-use building
Reference Number: 21 215777 WET 03 OZ
Property Address: 5238 Dundas Street West and 28 Jopling Avenue South
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-002962
OLT Lead Case No.: OLT-22-002961
BEFORE:.
W. DANIEL BEST ) Monday, the 23rd
MEMBER )
) day of September, 2024
THESE MATTERS having come on for a virtual public hearing on April 24, 2023, and the Ontario Land Tribunal (the “Tribunal”) by way of a decision issued on May 17, 2023 (the “Decision”), having determined that the appeals under subsection 22(7) of the Planning Act (the “OPA Appeal”) and subsection 34(11) of the Planning Act (the “Rezoning Appeal”) should be allowed and having approved the proposed redevelopment of the lands known municipally in the City of Toronto as 5238 Dundas Street West and 28 Jopling Avenue South, 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 an official plan amendment is no longer required, meaning that the OPA Appeal can be dismissed;
AND THE TRIBUNAL having been advised by the Parties that the Pre-Conditions have been satisfied;
AND THE TRIBUNAL being satisfied that its direction as set out in the Decision has been met;
THE TRIBUNAL HEREBY ORDERS that:
the OPA Appeal is dismissed;
the Rezoning Appeal is allowed; and,
the City of Toronto Zoning By-law 569-2013 is hereby amended in the manner as set out in Attachment “1” to this Order, with the municipal clerk authorized to format, as may be necessary, and assign a number to this by-law for record-keeping purposes.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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
FINAL ZONING BY-LAW AMENDMENT
Authority: Ontario Land Tribunal Decision issued on [date May 17, 2023] and Ontario Land Tribunal Order issued on [date] in Tribunal File [OLT-22-002961]
CITY OF TORONTO
BY-LAW [Clerks to insert By-law number]
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2023 as 5238 Dundas Street West and 28 Jopling Avenue South.
Whereas the Ontario Land Tribunal, by its Decision issued on [May 17, 2023] and its Order issued on [date], in respect of Tribunal File [OLT-22-002961], 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 5238 Dundas Street West and 28 Jopling Avenue South; 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
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 adding the lands subject to this By-law to the Zoning By-law Map in Section 990.10, and applying the zone label of: CR 3.5 (c1.5; r3.0) SS1 (x1004) to the lands known as 5238 Dundas Street West and a zone label of OR to the lands known as 28 Jopling Avenue South, 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 a Policy Area label of PA 2 to the lands known as 5238 Dundas Street West and applying no value to the lands known as 28 Jopling Avenue South: PA 2, 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 a height label of HT 24 to the lands known as 5238 Dundas Street West and apply no value to the lands known as 28 Jopling Avenue South, 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 a lot coverage label of 33 to the lands known as 5238 Dundas Street West and apply no value to the lands known as 28 Jopling Avenue South, as shown on Diagram 5 attached to this By-law.
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 no value.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 1004 so that it reads:
(1004) Exception CR 1004
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 5238 Dundas Street West and 28 Jopling Avenue South, 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 (W) below;
(B) 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 129.6 metres and the elevation of the highest point of the building or structure;
(C) Clause 40.10.30.40 as it relates to lot coverage does not apply.
(D) The provision of dwelling units must comply with the following:
(i) a minimum of 15 percent of the total number of dwelling units on the lot must contain two bedrooms;
(ii) a minimum of 10 percent of the total number of dwelling units on the lot must contain three or more bedrooms; and
(iii) for the purpose of this exception, if the calculation of required dwelling units in (D)(ii) and (D)(iii) above result in a number with a fraction, the number is rounded down to the nearest whole number;
(E) Despite Regulation 40.10.40.1(1), residential lobby and amenity portions of the building are permitted to be located on the same storey as non-residential use portions of the building provided.
(F) Despite regulation 40.10.40.10(1), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 6 of By-law [Clerks to insert By-law ##];
(G) Despite Regulation 40.10.40.10(7), the permitted maximum number of
storeys in a building is the number following the letters "ST" as shown on
Diagram 6 of By-law [Clerks to insert By-law ##]; and
(i) For the purpose of this exception, the following portions of a building do not constitute as a storey:
(a) Mechanical penthouse levels with access to outdoor amenity space;
(b) A “mezzanine” which is located between the ground floor and second floor which is partly open to the floor below, provided that the gross floor area of the mezzanine level shall not exceed 65% of the gross floor area of the first storey of the building.
(H) Despite regulations 40.5.40.10(3) to (8) and (F) and (G) 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) equipment used for the functional operation of the building, including electrical, utility, mechanical and ventilation equipment, as well as enclosed stairwells, roof access, maintenance equipment storage, cooling towers, heating, cooling or ventilating equipment, chimneys, and vents by a maximum of 6 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 6.2 metres;
(iii) building maintenance units and window washing equipment, by a maximum of 6.2 metres;
(iv) trellises, pergolas, landscaping features, fences, awnings, lightning rods, light fixtures, divider screens on a balcony and/or terrace, and unenclosed elements or structures providing safety or wind protection of rooftop amenity by a maximum of 3.0 metres;
(v) architectural features, ornamental elements, guard rails, parapets, terrace walls, planters, and balustrades by a maximum of 1.5 metres;
(vi) a machine room with elevator overrun may project above the permitted height limit for the mechanical penthouse as set out in subsection (H)(i) and (H)(ii) by a maximum of 3.2 metres if the additional projection covers no more than 20% of the area of the mechanical penthouse, measured horizontally;
(vii) the total area of all equipment, structures, or parts of a building exceeding the permitted maximum height for a building, as permitted by (H)(i), (H)(ii), and (H)(vi) above, may cover no more than 66% of the area of the roof, measured horizontally; and
(viii) a parapet wall for associated with a green roof, may project above the permitted height limit for the mechanical penthouse or elevator overrun as set out in subsection (H)(i), (H)(ii) and (H)(vi) by a maximum of 1.5 metres;
(I) Despite regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 33,200 square metres, of which:
(i) the permitted maximum gross floor area for residential uses is 32,700 square metres; and
(ii) the required minimum gross floor area for non-residential uses is 350 square metres;
(J) Despite regulation 40.10.40.50(1) and (2), a building with 20 or more dwelling units must provide amenity space as follows:
(i) at minimum of 2.0 square metres of indoor amenity space;
(ii) at minimum of 2.0 square metres of outdoor amenity space, of which 40 square metres must be in a location adjoining or directly accessible to the indoor amenity space; and
(iii) no more than 25 percent of the outdoor component may be a green roof;
(K) Despite regulation 40.10.40.70(1), the required minimum building setbacks are as shown in metres on Diagram 6 of By-law [Clerks to insert By-law ##];
(L) Despite Clause 40.10.40.60 and (K), the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(i) Balconies, balcony guards, and dividers, by a maximum of 2.0 metres, and;
(a) where balconies project from a “tower” main wall that is stepped back less than 4.5 metres from a “base building” main wall, said balconies may encroach into the required minimum building setbacks by 1.5 metres from the “tower” main wall; and
(b) along the main walls facing Dundas Street West and the main walls opposite those facing Dundas Street West, the total horizontal extent of balconies at each storey must not exceed 60% of the width of the building face they are located on;
(ii) awnings, window washing equipment, building maintenance units, exterior stairs, access ramps and elevating devices, landscape features, railings, vents, shafts, mechanical and ventilation equipment, air conditioners, pipes, piers and pillars by a maximum of 3.0 metres;
(iii) canopies by 4.0 metres;
(iv) architectural features, such as a pilaster or a decorative column by a maximum of 1.5 metres;
(v) roof terraces by 11.0 metres on the fifth, sixth, and seventh storey;
(vi) window projections, including bay windows and box windows and window sills by a maximum of 1.0 metre; and
(vii) Cladding added to the exterior surface of the main wall of a building, eaves, parapets, sills, flutes, and light fixtures by a maximum of 0.5 metre;
(M) The permitted maximum "tower floor plate" for each storey of a building located above the sixth storey is 780 square metres;
(N) Despite 200.5.1.10(2), a maximum of 5 parking spaces on the lot may have a minimum length of 5.4 metres and minimum width of 2.2 metres, which shall not count towards the parking space minimum requirement in (R) below.
(O) Despite regulations 200.15.10.10(1)(A) and (C), a minimum of six accessible parking spaces are required.
(P) Despite regulations 200.15.1 (1) and (3), accessible parking spaces must comply with the following provisions:
(i) an accessible parking space must have the following minimum dimensions:
(a) length of 5.6 metres;
(b) width of 3.4 metres;
(c) vertical clearance of 2.1 metres; and
(ii) A 1.5 metre wide accessible barrier-free aisle or path is required along the entire length of one side of an accessible parking space, and such aisle or path may be shared by 2 accessible parking spaces;
(Q) Accessible parking spaces must be the parking spaces closest to a barrier free:
(i) an entrance to a building;
(ii) passenger elevator that provides access to the first storey of the building; and
(iii) and the shortest route from the required entrances in (i) and (ii);
(R) Despite clause 200.25.15.2, parking spaces must be provided in accordance with the following:
(i) minimum of 0.1 parking space per dwelling unit;
(ii) maximum parking rates in regulation 200.5.10.1(1) for dwelling units, visitor, and non-residential uses applies; and
(iii) for visitor parking spaces and non-residential uses, a minimum of 2 parking spaces plus 0.01 spaces per dwelling unit;
(S) Despite Clause 220.5.10.1, a building with less than 550 dwelling units must provide and maintain a minimum of one Type “G” loading space on the lot;
(T) In addition to regulation 230.5.1.10(10), “short-term" bicycle parking spaces may be in a stacked bicycle parking space;
(U) Bicycle parking spaces may be located within a parking space but shall not contribute towards the required number of bicycle parking spaces;
(V) Despite regulation 230.5.1.10(4)(A)(ii), the required minimum width of a stacked bicycle parking space is 0.45 metres; and
(W) For the purpose of this exception, the following words or expressions that are in quotations in this exception are defined as follows:
(i) “Base building” means the portions of a building as shown on Diagram 6 of By-law xxx- [Clerks to insert By-law number], not including any “tower” portion or basement level of the building;
(ii) “Tower” means the portion of a building as shown on Diagram 6 of By-law [XXXX], which collectively enclose the entirety of a storey of a building with a height greater than 25 metres; and
(iii) "Tower floor plate" means the sum of the total area of each floor level of a building, as measured from the exterior of the main wall on each storey, excluding balconies.
Prevailing By-laws and Prevailing Sections: None Apply