GF 580 The East Mall Ltd. v. Toronto (City), 2025 CanLII 12012

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 10th, 2025

CASE NO.: OLT-22-003758

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

Applicant/Appellant: GF 580 The East Mall Ltd.

Subject: Application to amend the Zoning By-law – Neglect to make a decision

Description: To permit the redevelopment of the western portion of the Property for a 26-storey rental apartment building

Reference Number: 21 196655 WET 02 OZ

Property Address: 580 The East Mall

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-22-003758

OLT Lead Case No.: OLT-22-003758

OLT Case Name: GF 580 The East Mall Ltd. v. Toronto (City)

BEFORE:

February 10th, 2025

THE MATTER having come on for a settlement hearing, and the Tribunal having considered evidence in the area of land use planning from Tyler Peck and having found that the appeal under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, should be allowed, in part, and that the proposed redevelopment of the lands known municipally in the City of Toronto as 580 The East Mall ( “Lands”) should be approved in principle in accordance with the plans attached as Exhibit “G” to the Affidavit of Tyler Peck and marked by the Tribunal as Exhibit 2, but withholding its final order pending the Tribunal being advised by the City Solicitor that the following pre-conditions ( “Pre-Conditions”) had been satisfied:

The Tribunal has received and approved the Zoning By-law Amendment, in a final form;
The Tribunal is advised that the Applicant has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
The Tribunal is advised that the Applicant has entered into a financially secured agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, at the Applicant’s sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and,
The Tribunal is advised that the Applicant has completed a peer review of the Noise and Vibration Impact Study and Air Quality Assessment to the satisfaction of the Chief Planner and Executive Director, City Planning.

AND THE TRIBUNAL, having been advised by the Parties that the Pre-Conditions have been satisfied;

THE TRIBUNAL ORDERS THAT the Appeal is allowed in part and the City of Toronto Zoning By-law 569-2013 is hereby amended 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”

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

Authority: Ontario Land Tribunal Decision issued on May 8, 2023, and Ontario Land Tribunal Order issued on May 23, 2023 in Tribunal File OLT-22-003758

CITY OF TORONTO

BY-LAW XXX-2024

To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2023 as 580 The East Mall.

Whereas the Ontario Land Tribunal, by its Decision and Order issued on May 23, 2023, in respect of Tribunal File OLT-22-003758, 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 580 The East Mall; 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, 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 (f24.0; au116.0) (x107) to a zone label of RAC (x219) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by amending Article 900.8.10 Exception Number 107 so that it reads:

(107) Exception RAC (107)

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) For the purposes of regulation 900.1.10(4)(A), any lawfully existing buildings or structures, dwelling units, parking and landscaping on 7 Capri Road as of the date of passing of by-law [Clerks to insert By-law ##] is deemed to be in compliance with the specific requirements of Former City of Etobicoke By-law 1079;

Prevailing By-laws and Prevailing Sections:

(A) Former City of Etobicoke By-law 1079, excluding subsection 1(E) of that by-law.

Zoning By-law 569-2013, as amended, is further amended by adding Article 900.8.10 Exception Number 219 so that it reads:

(219) Exception RAC (219)

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 580 The East Mall if the requirements of By-law [Clerks to insert By-law number] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (V) below;

(B) Any lawfully existing buildings, structures and uses, including the lawfully existing portion of building above grade labelled as "Existing Building" on Diagram 3 of By-law [Clerks to insert By-law number] on the lot at the time of the passing of By-law [Clerks to insert By-law number] are permitted in accordance with this exception;

(C) Despite regulation 15.5.40.10(1), the height of a building or structure is the distance between the Canadian Geodetic Datum of 147.00 metres and the elevation of the highest point of the building or structure;

(D) Despite regulation 15.20.30.40(1), a maximum lot coverage, as a percentage of the lot area, does not apply;

(E) Despite regulation 15.20.40.10(1), the permitted maximum height of a building or structure on the lot is:

(i) With respect to the portion of the building that is marked as "New Building" on Diagram 3 of By-law [Clerks to insert By-law number], the number in metres following the "HT" symbol on Diagram 3 of By-law [Clerks to insert By-law number]; and

(ii) With respect to the portion of the building that is marked as "Existing Building" on Diagram 3 of By-law [Clerks to insert By-law number], the height of the lawfully existing building as it existed on the lot at the time of the passing of By-law [Clerks to insert By-law number];

(F) Despite regulations 15.5.40.10(2), (3), (5) and (6) and (E) 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 number]:

(i) architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 1.5 metres;

(ii) building maintenance units and window washing equipment, by a maximum of 2.5 metres;

(iii) planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 2.0 metres;

(iv) trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres;

(v) within the hatched area labelled as Mechanical Penthouse on Diagram 3 of [Clerks to insert By-law number]:

(a) 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, elevator shafts, chimneys, and vents, by a maximum of 2.8 metres; and

(b) structures that enclose, screen or cover the equipment, structures and parts of a building listed in (v)(a) above, inclusive of a mechanical penthouse, by a maximum of 2.8 metres;

(vi) stairs and associated structures providing access to the underground parking garage are permitted provided they meet the requirements of (M)(xi) below;

(G) Despite (E) and (F) above, no buildings, structures or equipment on the lot may project above the Canadian Geodetic Datum elevation of 219.0 metres;

(H) Despite regulation 15.5.40.10(4)(A), the total area of the equipment, structures, or parts of the building that exceed the maximum height for a building, as permitted by (F)(v) above may cover no more than 50 percent of the area of the roof, measured horizontally;

(I) Despite regulation 15.20.40.40(1), the permitted maximum gross floor area of all buildings and structures is 31,250 square metres and the existing gross floor area of the "Existing Building", as shown on Diagram 3 of By-law [Clerks to insert By-law number], is deemed to be 13,400 square metres;

(J) Despite regulation 15.20.40.50(1), amenity space must be provided in accordance with the following:

(i) a minimum of 27 square metres of indoor amenity space and 305 square metres of outdoor amenity space must be provided for dwelling units in the "Existing Building", as shown on Diagram 3 of By-law [Clerks to insert By-law number];

(ii) amenity space must be provided on the lot for the "New Building", as shown on Diagram 3 of By-law [Clerks to insert By-law number] at the following rate:

(a) At least 2.0 square metres for each dwelling unit as indoor amenity space; and

(b) At least 2.0 square metres of outdoor amenity space for each dwelling unit, of which 300 square metres must be in a location adjoining or directly accessible to the indoor amenity space;

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

(K) Despite regulation 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];

(L) Despite regulation 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];

(M) Despite Clause 15.5.40.60 and (K) and (L) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:

(i) balconies, by a maximum of 2.5 metres, except within 5.0 metres of the north lot line abutting Capri Park or 5.5 metres from the west lot line abutting 7 Capri Road, as shown on Diagram 3 of By-law [Clerks to insert By-law number];

(ii) terraces at or below a building height of 17.3 metres to the north side of the building by 12 metres, to the east side of the building by 5.4 metres, and to the west side of the building by 8.7 metres, except that no terraces are permitted within 5.0 metres of the north lot line abutting Capri Park, within 5.5 metres of the west lot line abutting 7 Capri Road and Highway 427, or within 30.2 metres of the Existing Building as shown on Diagram 3 of By-law [Clerks to insert By-law number];

(iii) decks and porches, by a maximum of 3.0 metres;

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

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

(vi) cladding added to the exterior surface of the main wall of a building, by a maximum of 1.0 metre;

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

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

(ix) eaves, by a maximum of 1.0 metre;

(x) air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 1.0 metre; and

(xi) despite (v) above and regulations 15.5.60.20, 15.5.60.30, and 15.5.60.40 stairs and associated structures providing access to the underground parking garage are permitted provided they are set back 2.5 metres from the north lot line abutting Capri Park and 2.5 metres from the south lot line abutting 7 Capri Road and 0.5 metres from any other lot line;

(N) Despite Clause 15.20.40.70 and (M) above:

(i) any portion of a building or structure below ground must be set back a minimum of 2.5 metres from the north lot line abutting Capri Park; and

(ii) (N)(i) above does not apply to lawfully established main walls located below ground existing on the lot at the time of By-law [Clerks to insert By-law number] coming into force and effect;

(O) Despite regulation 15.5.50.10(1), a minimum of 45 percent of the lot must be landscaping, of which at least 45 percent of the required landscaping must be soft landscaping;

(P) Regulation 15.5.100.1(2), regarding specific driveway access to an apartment building, does not apply;

(Q) Despite regulations 15.5.80.1(1), 200.5.10.1(1), and Tables 200.5.10.1 and 970.10.15.5, parking spaces must be provided in accordance with the following:

(i) a minimum of 0.64 residential occupant parking spaces for each dwelling unit, but not exceeding the permitted maximum in Table 200.5.10.1 for dwelling units in an apartment building; and

(ii) a minimum of 2.0 residential visitor parking spaces plus 0.05 residential visitor parking spaces for each dwelling unit;

(R) 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; 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;

(S) Despite 200.15.1(4), accessible parking spaces must be the parking spaces closest to a barrier free:

(i) entrance to a building;

(ii) passenger elevator that provides access to the first storey of the building; and

(iii) shortest route from the required entrances in (i) and (ii);

(T) Despite (R) and (S) above and regulations 200.5.1(3), 200.5.1.10(2), (3) and (12), and 200.15.1(1), any lawfully existing drive aisle, parking space, vehicle access to a building, or accessible parking space existing as of the date of the passing of By-law [Clerks to insert By-law number] that has dimensions that are less than the minimum required or greater than the maximum permitted dimensions is deemed to comply, and may satisfy the requirements of this exception;

(U) Despite regulation 220.5.10.1(2), a minimum of one Type "G" loading space is required for the lot;

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

(i) a minimum of 25 percent of the total number of dwelling units must have 2 or more bedrooms;

(ii) a minimum of 10 percent of the total number of dwelling units must have 3 or more bedrooms;

(iii) any dwelling units with 3 or more bedrooms provided to satisfy (ii) above are not included in the provision required by (i) above;

(iv) for the purpose of this exception, if the calculation of required dwelling units in (V)(i) and (V)(ii) above result in a number with a fraction, the number is rounded down to the nearest whole number; and

(v) (i) to (iv) do not apply to dwelling units in the "Existing Building" as shown on Diagram 3 of By-law [Clerks to insert By-law number].

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.

Pursuant to Ontario Land Tribunal Decision issued on May 8, 2023, and Ontario Land Tribunal Order issued on May 23, 2023 in Tribunal File OLT-22-003758

Diagram 1

Diagram 2

Diagram 3