Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 5, 2025
CASE NO.: OLT-22-004161 OLT-22-004162
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Rosegold Developments Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: to permit an 11 storey, 133 units residential building Reference Number: 21 251175 NNY 08 OZ Property Address: 1141 Roselawn Avenue Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-004161 OLT Lead Case No: OLT-22-004161 OLT Case Name: Rosegold Developments Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Rosegold Developments Inc. Subject: Application to amend the Zoning By-law – neglect to make a decision Description: to permit an 11 storey, 133 units residential building Reference Number: 21 251175 NNY 08 OZ Property Address: 1141 Roselawn Avenue Municipality/UT: Toronto/Toronto OLT Case No: OLT-22-004162 OLT Lead Case No: OLT-22-004161
BEFORE: CARRIE HARDY VICE-CHAIR Thursday, the 5th day of June, 2025
THIS MATTER having come on for a public hearing on December 6, 2023, and the Ontario Land Tribunal (the “Tribunal”) by way of an Interim Decision issued on December 15, 2023, (the “Decision”), having determined that the appeals under subsections 22(7) and 34(11) of the Planning Act (the “Official Plan and Zoning By-law Amendment Appeals”) should be allowed, in part, and that the proposed Official Plan and Zoning By- law Amendments should be approved, in principle, with the final Order withheld pending the Tribunal being advised by the Solicitor of the City Toronto that the conditions to the Decision for the Tribunal Order to issue have been satisfied;
AND THE TRIBUNAL having been advised by the Solicitor of the City Toronto that the conditions in the Decision have been satisfied to the satisfaction of the City of Toronto prior to the issuance of a final Order regarding the Official Plan and Zoning By-law Amendment Appeals;
AND THE TRIBUNAL is satisfied that its direction as set out in the Decision has been met;
THE TRIBUNAL ORDERS that the Official Plan and Zoning By-law Amendment Appeals are allowed in part, and the City of Toronto Official Plan, as amended, is hereby amended in the manner set out in Attachment “1” to this Final Order, and the City of Toronto Zoning By-law No. 569-2013, as amended, is hereby amended in the manner set out in Attachment “2” to this Final Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to these by-laws for record keeping purposes.
“Matthew Bryan”
MATTHEW BRYAN 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
Authority: Ontario Land Tribunal Decision issued on December 15, 2023 and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-22-004161
CITY OF TORONTO
BY-LAW -2025 (OLT)
To adopt Official Plan Amendment 816 for the City of Toronto respecting the lands known municipally in the year 2024 as 1141 Roselawn Avenue.
Whereas authority is given to Council under the Planning Act, R.S.O. 1990, c. P.13, as amended, to pass this By-law; and
Whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act;
The Council of the City of Toronto enacts:
- The attached Amendment 816 to the Official Plan is hereby adopted pursuant to the Planning Act, as amended.
Pursuant to Ontario Land Tribunal Decision issued on December 15, 2023 and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-22-004161.
AMENDMENT 816 TO THE OFFICIAL PLAN
LANDS MUNICIPALLY KNOWN IN THE YEAR 2024 AS 1141 ROSELAWN AVENUE
The Official Plan of the City of Toronto is amended as follows:
Map 17, Land Use Plan, is amended by re-designating the lands known municipally in 2024 as 1141 Roselawn Avenue from Neighbourhoods to Apartment Neighbourhoods, as shown on the attached Appendix 1.
Chapter 7, Site and Area Specific Policies, is amended by adding Site and Area Specific Policy 914 for the lands known municipally in 2024 as 1141 Roselawn Avenue, as follows:
1141 Roselawn Avenue
A maximum height of 9 storeys and a maximum FSI of 5.0 is permitted.
- Chapter 7, Map 28, Site and Area Specific Policies is revised to add the lands municipally known in 2024 as 1141 Roselawn Avenue shown on the map above as Site and Area Specific Policy 914.
Appendix 1
ATTACHMENT 2
Authority: Ontario Land Tribunal Decision issued on December 15, 2023 and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-22-004161
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 1141 Roselawn Avenue.
Whereas the Ontario Land Tribunal, by its Decision issued on December 15, 2023 and its Order issued on [date], in respect of Tribunal File OLT-22-004161, 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 1141 Roselawn Avenue; 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 adding the lands subject to this By-law to the Zoning By-law Map in Section 990.10, and applying the following zone label to these lands: RA (x272), 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 no value.
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 the following height and storey label to these lands: HT 11.0, ST 3, 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 Lot Coverage Overlay Map in Article 995.30.1, and applying no value.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.7.10 Exception Number 272 so that it reads:
(272) Exception RA (x272)
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 1141 Roselawn Avenue, 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 (N) below;
(B) Despite regulations 15.5.40.10(1), the height of a building or structure is the distance between the Canadian Geodetic Datum of 171.58 metres and the elevation of the highest point of the building;
(C) Despite regulation 15.10.40.10(1), the permitted maximum height and number of storeys of a building or structure is the number in metres following the letters "HT" and "ST", as shown on Diagram 4 of By-law [Clerks to insert By-law number];
(D) Despite regulations 15.5.40.10(2) to (6) and (C) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 4 of By-law [Clerks to insert By-law number]:
(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, 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 2 metres;
(iv) building maintenance units and window washing equipment, by a maximum of 3 metres;
(v) planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 3 metres;
(vi) antennae, flagpoles and satellite dishes, by a maximum of 5.5 metres; and
(vii) trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.5 metres;
(E) Despite regulation 15.5.40.40 (1), the permitted maximum gross floor area of all buildings and structures above grade is 8,550 square metres;
(F) Despite regulations 15.10.40.70(1) to (4), the required minimum building setbacks are as shown in metres on Diagram 4 of By-law [Clerks to insert By-law number];
(G) Despite regulations 15.5.40.50(2), 15.5.40.60(1) to (3), and (F) above, the following elements of a building may encroach into a required minimum building setback and a required minimum main wall separation distance as follows:
(i) on the main walls of the building facing the rear lot line, decks, patios, porches, and balconies no higher than the first storey of the building, by a maximum of 3.0 metres;
(ii) despite (G)(i) above, decks, porches, patios, and balconies no higher than the first storey of the building and located in the area illustrated on Diagram 4 as "Refer to (G)(ii)", by a maximum of 5.0 metres;
(iii) on the main walls of the building facing the rear lot line, decks, porches, and balconies that are higher than the first storey of the building, by a maximum of 1.5 metres;
(iv) despite (G)(iii) above, decks, porches, and balconies from the second storey to the fourth storey and located in the area illustrated on Diagram 4 as "Refer to (G)(iv)", by a maximum of 2.0 metres;
(v) air conditioners, satellite dishes, antennae, damper equipment, window washing equipment, vents, screens, and pipes, by a maximum of 2.0 metres;
(vi) on the main walls of the building facing the front lot line, decks, porches, patios, and balconies no higher than the first storey of the building, by a maximum of 1.5 metres;
(vii) despite (G)(vi) above, decks, porches, and balconies located in the areas as illustrated on Diagram 4 as "(G)(vii)" from the second storey to the fifth storey of the building, by a maximum of 1.8 metres;
(viii) on the main walls of the building facing the front lot line, decks, porches, and balconies on the sixth and seventh storeys, by a maximum of 1.8 metres;
(ix) on the main walls of the building facing the rear lot line, canopies and awnings, by a maximum of 4.0 metres;
(x) exterior stairs, access ramps and elevating devices, by a maximum of 2.5 metres; and
(xi) cladding added to the exterior surface of the main wall of a building, by a maximum of 0.3 metres;
(H) Despite regulations 15.5.50.10(1), (2), and (3), the following landscaping and soft landscaping requirements apply:
(i) 363 square metres of landscaping must be provided, of which 247 square metres must be soft landscaping; and
(ii) a minimum 2.5 metre wide strip of land for soft landscaping along the rear lot line must be provided;
(I) For the purposes of this exception, regulation 15.5.100.1(2), regarding an unobstructed vehicle access between the street and the principal pedestrian entrance to the building, does not apply;
(J) 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;
(K) Despite regulation 200.15.1(4), a maximum of 6 accessible parking spaces may be located a maximum of 28 metres from an entrance to a barrier free elevator lobby in the below ground parking garage;
(M) Despite regulation 230.5.1.10(4)(A), the required minimum width of a "long-term" bicycle parking space is 0.4 metres;
(N) The provision of dwelling units is subject to the following:
(i) a minimum of 15 percent of the total number of dwelling units must be two-bedroom dwelling units;
(ii) a minimum of 10 percent of the total number of dwelling units must be three-bedroom dwelling units;
(iii) any dwelling units with three or more bedrooms provided to satisfy (ii) above are not included in the provision required by (i) above; and
(iv) if the calculation of the number of required dwelling units with two or three bedrooms results in a number with a fraction, the number shall 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.
Pursuant to Ontario Land Tribunal Decision issued on December 15, 2023 and Ontario Land Tribunal Order issued on [date] in Tribunal File OLT-22-004161.
Diagram 1
Diagram 2
Diagram 3
Diagram 4