Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 22, 2025
CASE NO.: OLT-23-000170
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Menkes Balliol Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: ZBA to permit a 28-storey residential building with a 5-storey podium connected to an 8-storey retirement residence
Reference Number: 21 234917 STE 12 OZ
Property Address: 289-299 Balliol Street and 305 Balliol Street
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-000170
OLT Lead Case No: OLT-23-000170
OLT Case Name: Menkes Balliol Inc. v. Toronto (City)
BEFORE:
K.R. ANDREWS VICE-CHAIR
Wednesday, the 22nd day of January, 2025
THIS MATTER, in respect of the lands at 289-299 Balliol Street (the “Subject Property”), having been heard at a public hearing on November 21, 2023, and the Ontario Land Tribunal (the “Tribunal”) having issued its interim decision on December 12, 2023 (the “Decision”) that the appeal under subsection 34(11) of the Planning Act (the “Appeal”) in Tribunal Case No. OLT-23-000170 should be allowed in part, and approving the proposed Zoning By-law Amendment in principle;
AND THE TRIBUNAL having withheld its final Order, pending the satisfaction of conditions included at Paragraph 7.2 of the Decision, including the receipt of the final form of the Zoning By-law Amendment in respect of the Subject Property;
AND THE TRIBUNAL now having received confirmation from the Appellant and the City of Toronto of the fulfillment of the conditions of the Decision, related to the Zoning By-law Amendment application, including confirmation of the final form of the Zoning By-law Amendment, satisfactory to the City of Toronto, attached hereto as Schedule “A”;
THE TRIBUNAL ORDERS that the Appeal is allowed in part, and that City of Toronto Zoning By-law No. 569-2013, as amended, is hereby amended in the manner set out in Schedule “A” to this Order;
AND THE TRIBUNAL ORDERS that the municipal clerk is authorized to format, as may be necessary, and assign a number to these by-laws for record keeping purposes.
AND THE TRIBUNAL ORDERS that it may be spoken to in the event any matter arises 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 issued on December 12, 2023 and Ontario Land Tribunal Order issued on January 22, 2025 in Tribunal File OLT-23-000170
CITY OF TORONTO BY-LAW -2025(OLT)
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 289-299 Balliol Street.
Whereas the Ontario Land Tribunal, by its Decision issued on December 12, 2023 and Ontario Land Tribunal Order issued on January 22, 2025 in Tribunal File OLT-23-000170, in respect of Tribunal File OLT-23-000170, 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 2024 as 289-299 Street; 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 CR 2.5 (c2.0; r2.5) SS2 (x2209) to a zone label of CR 2.5 (c2.0; r2.5) SS2 (x1063) 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 1063 so that it reads:
(1063) Exception CR (1063)
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 289-299 Street, 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 (T) 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 150.9 metres and the elevation of the highest point of the building or structure;
(C) Despite Regulation 40.10.40.10(2), 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];
(i) for the purposes of this By-law exception, a mezzanine level and or mechanical penthouse will not be considered a separate storey;
(D) Despite Regulations 40.5.40.10(3) to (8) 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 number]:
(i) enclosed stairwells, roof access, maintenance equipment storage, elevator shafts and machine room, equipment used for the functional operation of the building, chimneys, flues, vents, roof assemblies, in a mechanical penthouse, by a maximum of 5.5 metres;
(A) despite (i) above, enclosed stairwells, roof access, maintenance equipment storage, elevator shafts and machine room, equipment used for the functional operation of the building, chimneys, flues, vents, roof assemblies in a mechanical penthouse level that is above the mechanical penthouse referenced in (i) above , to a maximum of 9.5 metres, covering an area not exceeding 80 percent the area of the roof of the tower portion of the building, measured horizontally; and
(B) for the purpose of this exception, a "tower" is the portions of a building which collectively enclose the entirety of a storey higher than 26.85 metres above the Canadian Geodetic Datum of 150.9 metres;
(ii) structures that enclose, screen, or cover the equipment, structures and parts of a building listed in (i) above by a maximum of 5.5 metres;
(iii) structures that enclose, screen, or cover the equipment, structures and parts of a building listed in (i)(a) above by a maximum of 9.5 metres;
(iv) architectural features and parapets by a maximum of 3.0 metres;
(v) elements and structures associated with a green roof, by a maximum of 5.0 metres;
(vi) building maintenance units and window washing equipment, by a maximum of 7.0 metres;
(vii) planters, landscaping features, lighting fixtures, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 3.0 metres;
(viii) antennae and other communication equipment, flagpoles and satellite dishes, by a maximum of 5.5 metres; and
(ix) trellises, pergolas, awnings, canopies, bollards, fences, guardrails, pipes, railings, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres;
(E) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 18,550 square metres, of which:
(i) the permitted maximum gross floor area for residential uses is 18,500 square metres;
(ii) the maximum gross floor area for non-residential uses is 55 square metres;
(F) Despite regulations 40.10.40.50(1) and (2), amenity space must be provided at the following rate:
(i) at least 1.5 square metres for each dwelling unit as indoor amenity space;
(ii) at least 1.4 square metres of outdoor amenity space for each dwelling unit of which 40.0 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;
(G) 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 number];
(H) Despite Clause 40.10.40.60 and (G) above, the following elements may encroach into the required minimum building setbacks as follows:
(i) decks, porches, and terraces, by a maximum of 3.0 metres;
(ii) balconies by a maximum of 1.5 metres;
(iii) canopies and awnings, by a maximum of 2.5 metres;
(iv) exterior stairs, access ramps such as wheelchair ramps, underground garage ramps and their associated structures, 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 1.0 metres;
(vi) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 1.5 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;
(ix) a dormer, by a maximum of 1.0 metres; and
(x) air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 1.0 metres;
(xi) lighting fixtures, bicycle parking areas, fences and safety railings, planters, balustrades, bollards, landscape and public art features, by a maximum of 3.0 metres;
(I) Despite (H) above, the provision of balconies is subject to the following:
(i) balconies are not permitted to encroach on the north-facing and south- facing main walls of the building or structure above a Canadian Geodetic Datum of 173.00 metres; and
(ii) balconies are permitted to encroach on the east-facing and west-facing main walls of the building or structure by a maximum of 1.5 metres, above a Canadian Geodetic Datum of 173.00 metres;
(J) Despite Regulation 200.5.1.10(2), a maximum of 25 percent of the provided parking spaces may have minimum dimensions of:
(i) length of 5.1 metres;
(ii) width of 2.4 metres;
(iii) vertical clearance of 1.7 metres; and
(iv) the side of the parking space that is obstructed is not required to be increased by 0.3 metres;
(K) Despite regulations 200.15.1(1) to (3), an accessible parking space must have the following minimum dimensions:
(i) a length of 5.6 metres;
(ii) a width of 3.4 metres;
(iii) a vertical clearance of 2.1 metres; and
(iv) a 1.5-metre-wide accessible barrier free aisle is required for the entire length of an accessible parking space;
(L) Despite Regulation 200.15.1(4), an accessible parking space must be located along a path that is no more than 30.0 metres from a barrier-free entrance to a building or to a passenger elevator that provides access to the first storey of the building; and
(i) for the purposes of this exception, the path referenced in (L) above, may include doors or overhead doors, but must not be obstructed by parking spaces, bicycle parking spaces, walls, fences, parking curbs, and other immovable structures or fixtures;
(M) Despite Regulation 200.5.10.1(1), Table 200.5.10.1, 970.10.15.5(5) and Table 970.10.15.5, parking spaces must be provided in accordance with the following:
(i) a minimum of 5 residential visitor parking spaces;
(ii) a maximum of 0.3 residential occupant parking spaces for each bachelor dwelling unit;
(iii) a maximum of 0.5 residential occupant parking spaces for each one bedroom dwelling unit;
(iv) a maximum of 0.8 residential occupant parking spaces for each two bedroom dwelling unit;
(v) a maximum of 1.0 residential occupant parking spaces for each three or more bedroom dwelling unit;
(vi) a minimum of 2 accessible parking spaces;
(N) Despite Regulation 230.5.1.10(4)(A), the required minimum width of a bicycle parking space is:
(i) length of 1.8 metres;
(ii) width of 0.2 metres; and
(iii) vertical clearance of 1.0 metres;
(O) Despite Regulation 230.5.1.10(4)(A)(ii), the required minimum dimensions of a stacked bicycle parking space are;
(i) length of 1.8 metres;
(ii) width of 0.2 metres; and
(iii) vertical clearance of 1.0 metres;
(P) In addition to the locations, a "long-term" bicycle parking space may be located as in Regulations 230.5.1.10(9)(B)(i), (ii) and (iii), "long-term" bicycle parking spaces may also be located above or below grade, outdoors or indoors including within a secured room or enclosure or unenclosed space, or combination thereof, or a bike locker;
(Q) Despite Regulation 230.5.1.10(10), "short-term" bicycle parking spaces may also be located in a stacked bicycle parking space and may also be located above or below grade, outdoors or indoors including within a secured room or enclosure or unenclosed space, or combination thereof, or a bike locker;
(R) Despite Regulations 230.5.10.1(1)(3) and (5) and Table 230.5.10.1(1), bicycle parking spaces must be provided in accordance with the following minimum rates:
(i) 0.9 "long-term" bicycle parking spaces for each dwelling unit;
(ii) 0.1 "short-term bicycle parking spaces for each dwelling unit;
(iii) no "long term" bicycle parking spaces are required for all non-residential uses; and
(iv) no "short-term" bicycle parking spaces are required for all non- residential uses;
(S) For the purposes of this exception, a mechanical penthouse may include indoor amenity space and will not be considered a storey;
(T) The provision of dwelling units is subject to the following:
(i) a minimum of 15 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) An additional 10 percent of the total number of dwelling units will be any combination of 2 bedroom and 3 bedroom dwelling units, or dwelling units that can be converted into any combination of 2 and 3 bedroom dwelling units;
(v) dwelling units, as described in (iv) above, may be converted using accessible or adaptable design measures such as knock-out panels; and
(vi) if the calculation of the number of required dwelling units in (T)(i), (ii) and (iv) above results in a number with a fraction, the number must be rounded down to the nearest whole number;
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.
Ontario Land Tribunal Decision issued on December 12, 2023 and Ontario Land Tribunal Order issued on January 22, 2025 in Tribunal File OLT-23-000170
Diagram 1
Diagram 2
Diagram 3