Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 27, 2025

CASE NO.: OLT-23-001088, OLT-23-001089

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

Appellant: KS Denarda Holdings Inc. and KS Denarda Street Inc.

Subject: Site Plan

Description: To permit the development of a 43-storey residential building comprised of a 37-storey tower with a six-storey base including 561 dwelling units

Reference Number: 23 174316 WET 05 SA

Property Address: 2, 4, 6, 8, 10, 12, 14 and 16 Denarda Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-23-001088

OLT Lead Case No.: OLT-23-001088

OLT Case Name: KS Denarda Holdings Inc. and KS Denarda Street Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: KS Denarda Holdings Inc. and KS Denarda Street Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit the development of a 43-storey residential building comprised of a 37-storey tower with a six-storey base including 561 dwelling units

Reference Number: 23 174306 WET 05 OZ

Property Address: 2, 4, 6, 8, 10, 12, 14 and 16 Denarda Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-24-000362

OLT Lead Case No.: OLT-23-001088

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

Applicant and Appellant: KS Denarda Holdings Inc. and KS Denarda Street Inc.

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

Description: To permit the development of a 43-storey residential building comprised of a 37-storey tower with a six-storey base including 561 dwelling units

Reference Number: 23 174306 WET 05 OZ

Property Address: 2, 4, 6, 8, 10, 12, 14 and 16 Denarda Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-24-000363

OLT Lead Case No.: OLT-23-001088

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

Appellant: KS Denarda Holdings Inc. and KS Denarda Street Inc.

Subject: Site Plan

Description: To permit the development of a 44-storey residential building comprised of a 38-storey tower with a six-storey base including 509 dwelling units

Reference Number: 23 174343 WET 05 SA

Property Address: 5, 7, 9, 13, 13A and 15 Denarda Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-23-001089

OLT Lead Case No.: OLT-23-001089

OLT Case Name: KS Denarda Holdings Inc. and KS Denarda Street Inc. v. Toronto (City)

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: KS Denarda Holdings Inc. and KS Denarda Street Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit the development of a 44-storey residential building comprised of a 38-storey tower with a six-storey base including 509 dwelling units

Reference Number: 23 174322 WET 05 OZ

Property Address: 5, 7, 9, 13, 13A and 15 Denarda Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-24-000364

OLT Lead Case No.: OLT-23-001089

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

Applicant and Appellant: KS Denarda Holdings Inc. and KS Denarda Street Inc.

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

Description: To permit the development of a 44-storey residential building comprised of a 38-storey tower with a six-storey base including 509 dwelling units

Reference Number: 23 174322 WET 05 OZ

Property Address: 5, 7, 9, 13, 13A and 15 Denarda Street

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-24-000365

OLT Lead Case No.: OLT-23-001089

BEFORE:

S. deBOER

MEMBER

Wednesday, the 27th day of August, 2025

THESE MATTERS having come before a public hearing, and the Tribunal in its Decision issued May 30, 2025, having withheld its Final Order pending receipt of the required planning instruments in a form agreed to by all parties, and said planning instruments having now been filed with the Tribunal;

THE TRIBUNAL ORDERS that the Official Plan Amendment appeals are allowed, and the Official Plan for the City of Toronto is hereby amended as set out in Attachments 1 and 3 to this Order, and as amended are approved; and

THE TRIBUNAL ORDERS that the Zoning By-law Amendment appeals are allowed and the City of Toronto Zoning By-law 560-2013, as amended, is hereby amended as set out in Attachments 2 and 4 to this Order. The Tribunal authorizes the municipal clerk to assign a number to the by-laws for record keeping purposes. The Tribunal may be spoken to for any matters that may arise with respect to the site plan appeals.

“Matthew D.J. Bryan”

MATTHEW D.J. 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

OLT-23-001088

Authority: Ontario Land Tribunal Decision and Order issued on July 26, 2024, in Tribunal File OLT-23-001088

CITY OF TORONTO

Bill XXX

BY-LAW XXX-XXXX

To approve Amendment 814 to the Official Plan for the City of Toronto

respecting the lands known municipally in the year 2024 as 2, 4, 6, 8, 10, 12, 14, and 16 Denarda Street.

Whereas the proposed official plan amendment was appealed to the Ontario Land Tribunal pursuant to Section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and

Whereas the Ontario Land Tribunal, by its Decision and Order issued on July 26, 2024, in File OLT-23-001088, approved amendments to the Official Plan for the City of Toronto with respect to the lands;

The Ontario Land Tribunal Orders:

1. The attached Amendment No. 814 to the Official Plan is hereby in force pursuant to the Planning Act, as amended.

Pursuant to Ontario Land Tribunal Decision and Order issued on July 26, 2024, in Tribunal File OLT-23-001088.

City of Toronto By-law No. ~~-20~

AMENDMENT NO. 814 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2024 AS 2, 4, 6, 8, 10, 12, 14, AND 16 DENARDA STREET

The Official Plan of the City of Toronto is amended as follows:

1. Map 14, Land Use Plan, is amended by re-designating the lands known municipally as 2, 4, 6, 8, 10, 12, 14, and 16 Denarda Street from Neighbourhoods to Mixed Use Areas, as shown on the attached Appendix A.

2. Chapter 7, Site and Area Specific Policies, is amended by deleting the lands known municipally in 2024 as 2, 4, 6, 8, 10, 12, 14, and 16 Denarda Street from the text and map of Site and Area Specific Policy No. 39.

3. Map 25, Site and Area Specific Policies, is amended by removing the lands known municipally in 2024 as 2, 4, 6, 8, 10, 12, 14, and 16 Denarda Street from the lands being shown as Site and Area Specific Policy No. 39.

City of Toronto By-law No. ~~-20~

Appendix A

ATTACHMENT 2

OLT-23-001088

Authority: Ontario Land Tribunal Decision issued on July 26, 2024 and Ontario Land Tribunal Order issued on XXX in Tribunal File OLT-23-001088.

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 2024 as 2, 4, 6, 8, 10, 12, 14, and 16 Denarda Street.

Whereas the Ontario Land Tribunal, by its Decision issued on July 26, 2024 and its Order issued on XXX in respect of Tribunal File OLT-23-001088, 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 2, 4, 6, 8, 10, 12, 14, and 16 Denarda 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; 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.

The Ontario Land Tribunal Orders:

1. The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.

2. 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.

3. 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 RM (f12.0; u4; d0.8) (x252) to a zone label of CR 2.5 (c2.5; r2.5) SS2 (x1090) as shown on Diagram 2 attached to this By-law.

4. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 1090 so that it reads:

(1090) Exception CR (1090)

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 2, 4, 6, 8, 10, 12, 14 and 16 Denarda 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 (Y) 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 123.93 metres and the elevation of the highest point of the building or structure;

(C) Despite regulation 40.10.40.10(1)(2) or (3), the permitted maximum 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];

(D) For the purpose of this exception, a mezzanine or mechanical penthouse does not constitute a storey;

(E) 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) equipment used for the functional operation of the building, including electrical, utility, mechanical and ventilation equipment, enclosed stairwells, elevator overruns, antennae, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, by a maximum of 8.5 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 8.5 metres;

(iii) architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 2.0 metres;

(iv) building maintenance units and window washing equipment, by a maximum of 3.0 metres;

(v) planters, landscaping features, guard rails, wind screens, noise attenuation and acoustic barriers and divider screens on a balcony and/or terrace, by a maximum of 3.0 metres;

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

(F) Despite regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 31,500 square metres;

(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 (G) above, the required minimum building setback for the ground floor along Denarda Street is at least 4.6 metres;

(I) Despite (G) above, the required minimum setback along the Denarda Street frontage between 19.0 metres and 25.5 metres above established grade is 6.0 metres from the lot line;

(J) Despite Clause 40.10.40.60 and 40.5.40.60 and (G) and (H) 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 2.0 metres;

(ii) canopies and awnings, by a maximum of 2.0 metres;

(iii) air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 1.5 metres;

(iv) wind screens on the ground floor, by 3.0 metres;

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

(K) Despite (J)(i) above, balconies may not encroach beyond the main wall within the following areas:

(i) above a height of 22.6 metres above established grade along the main wall fronting Denarda Street;

(L) Despite clause 40.10.50.10(3), a 1.5 metre-wide strip of soft landscaping abutting a lot in the Residential Zone category or Residential Apartment Zone category is not required;

(M) 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; and

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

(N) Despite regulation 200.5.10.1(1) and Table 200.5.10.1, parking will be provided at the following rates:

(i) a minimum of zero (0) residential occupant parking spaces per dwelling unit; and

(ii) a minimum of 2.0 plus 0.05 parking spaces per dwelling unit for residential visitors; and

(iii) if the calculation of the number of parking spaces in (i) and (ii) above results in a number with a fraction, the number is rounded down to the nearest whole number, but there may not be less than one parking space.

(O) Despite clauses 200.15.10.5 and 200.15.10.10(1) and (2), a minimum of 4 accessible parking spaces are required;

(P) In addition to (O) above, if the number of residential occupant parking spaces provided exceeds the minimum in (N) above, additional accessible parking spaces will be required at a rate of 5 percent of the total residential occupant parking spaces provided;

(Q) Despite regulation 200.5.1.10(2)(A)(iv), 5 percent of the required parking spaces may be obstructed 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;

(R) Despite regulation 200.5.1.10(2)(A) and (D), electric vehicle infrastructure, including electrical vehicle supply equipment, does not constitute an obstruction to a parking space;

(S) Despite regulation 200.15.1(1), an accessible parking space must have the following minimum dimensions:

(i) length of 5.6 metre;

(ii) width of 3.4 metres;

(iii) vertical clearance of 2.1 metres; and

(iv) be adjacent to a 1.5 metre wide accessible barrier free aisle or path;

(T) Despite regulations 40.10.90.10(1)(C), 40.10.100.10(1), and 40.10.90.40(1)(A), vehicle access and vehicle access to a loading space are not required to be from a lane;

(U) Despite regulation 230.5.10.1(5), a minimum of 1.0 bicycle parking spaces for each dwelling unit must be provided, allocated as:

(i) 0.9 “long-term” bicycle parking spaces per dwelling unit; and

(ii) 0.1 "short-term” bicycle parking spaces per dwelling unit must be provided;

(V) Despite Regulation 230.5.1.10(4)(A), the required minimum dimensions of a stacked bicycle parking space are:

(i) length of 1.6 metres;

(ii) width of 0.45 metres; and

(iii) vertical clearance of 2.4 metres;

(W) In addition to 230.5.1.10(9)(B), "long-term" bicycle parking spaces may be located on a mezzanine level;

(X) In addition to 230.5.1.10(10), a "short-term" bicycle parking spaces may be located in a stacked bicycle parking space;

(Y) Despite Regulation 230.40.1.20(2), a "short-term" bicycle parking space may be no more than 40 metres from a pedestrian entrance to the building on the lot;

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

5. 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.

6. Temporary Use(s):

(A) None of the provisions of By-law 569-2013, as amended, or this By-law, apply to prevent the erection and use of a sales centre or office for the sale and leasing of dwelling units constructed on the lands to which this By-law applies for a period of 3 years from the date this By-law comes into full force and effect, after which this temporary use permission expires.

Ontario Land Tribunal Decision issued on July 26, 2024 and Ontario Land Tribunal Order issued on XX in Tribunal File OLT-23-001088

ATTACHMENT 3

OLT-23-001089

Authority: Ontario Land Tribunal Decision and Order issued on July 26, 2024, in Tribunal File OLT-23-001089

CITY OF TORONTO

Bill XXX

BY-LAW XXX-XXXX

To approve Amendment 815 to the Official Plan for the City of Toronto respecting the lands known municipally in the year 2024 as 5, 7, 9, 13, 13A, and 15 Denarda Street.

Whereas the proposed official plan amendment was appealed to the Ontario Land Tribunal pursuant to Section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended; and

Whereas the Ontario Land Tribunal, by its Decision and Order issued on July 26, 2024, in File OLT-23-001089, approved amendments to the Official Plan for the City of Toronto with respect to the lands;

The Ontario Land Tribunal Orders:

1. The attached Amendment No. 815 to the Official Plan is hereby in force pursuant to the Planning Act, as amended.

Pursuant to Ontario Land Tribunal Decision and Order issued on July 26, 2024, in Tribunal File OLT-23-001089.

City of Toronto By-law No. ~~-20~

AMENDMENT 815 TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2024 AS 5, 7, 9, 13, 13A, and 15 DENARDA STREET

The Official Plan of the City of Toronto is amended as follows:

1. Map 14, Land Use Plan, is amended by re-designating the lands known municipally as 5, 7, 9, 13, 13A, and 15 Denarda Street from Neighbourhoods to Mixed Use Areas, as shown on the attached Appendix A.

ii.

2. Chapter 7, Site and Area Specific Policies, is amended by deleting the lands known municipally as 5, 7, 9, 13, 13A, and 15 Denarda Street from the text and map of Site and Area Specific Policy No. 39.

iii.

3. Map 25, Site and Area Specific Policies, is amended by removing the lands known municipally in 2024 as 5, 7, 9, 13, 13A, and 15 Denarda Street from the lands being shown as Site and Area Specific Policy No. 39.

City of Toronto By-law No. ~~-20~

Appendix A

ATTACHMENT 4

OLT-23-0001089

Authority: Ontario Land Tribunal Decision issued on July 26, 2024 and Ontario Land Tribunal Order issued on XXX in Tribunal File OLT-23-001089.

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 2024 as 5, 7, 9, 13, 13A, and 15 Denarda Street.

Whereas the Ontario Land Tribunal, by its Decision issued on July 26, 2024 and its Order issued on XXX, in respect of Tribunal File OLT-23-001089, 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 5, 7, 9, 13, 13A, and 15 Denarda 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; 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.

The Ontario Land Tribunal Orders:

1.The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.

2. 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.

3. 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 RM (f12.0; u4; d0.8) (x252) to a zone label of CR 2.5 (c2.5; r2.5) SS2 (x1091) as shown on Diagram 2 attached to this By-law.

4. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 1091 so that it reads:

(1091) Exception CR (1091)

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 5, 7, 9, 13, 13A, and 15 Denarda 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 (AA) 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 124.38 metres and the elevation of the highest point of the building or structure;

(C) Despite regulation 40.10.40.10(1)(2) or (3), 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];

(D) For the purpose of this exception, a mezzanine or mechanical penthouse does not constitute a storey;

(E) 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. equipment used for the functional operation of the building, including electrical, utility, mechanical and ventilation equipment, enclosed stairwells, elevator overruns, antennae, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, by a maximum of 8.5 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 8.5 metres;

iii. architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 2.0 metres;

iv. building maintenance units and window washing equipment, by a maximum of 3.0 metres;

v. planters, landscaping features, guard rails, wind screens, noise attenuation and acoustic barriers and divider screens on a balcony and/or terrace, by a maximum of 3.0 metres;

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

(F) Despite regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 31,700 square metres;

(G) Despite regulation 40.10.40.50(1), amenity space must be provided at the following rate:

i. at least 2.0 square metres for each dwelling unit as indoor amenity space;

ii. at least 1.9 square metres of outdoor amenity space for each dwelling unit, 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;

(H) 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];

(I) Despite (H) above, the required minimum building setback for the ground floor along Denarda Street is 3.0 metres;

(J) Despite (H) above, the required setback along the Denarda Street frontage between 19.0 metres and 25.5 metres above established grade is 4.5 metres from the lot line;

(K) Despite Clause 40.5.40.60 and 40.10.40.60 and (H) and (I) 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 2.0 metres;

ii. canopies and awnings, by a maximum of 2.0 metres;

iii. air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 1.5 metres;

iv. wind screens on the ground floor, by 3.0 metres;

v. architectural features, such as pilaster, decorative column or fin, cornice, sill or belt course by a maximum of 1.0 metres;

(L) Despite (K)(i) above, balconies may not encroach beyond the main wall within the following areas:

i. above a height of 22.6 metres above established grade along the main wall fronting Denarda Street; and

ii. along the north main wall facing the north lot line;

(M)No portion of the main wall facing the south lot line below the height of 22.5 metres above established grade shall contain “primary windows”;

(N) Despite clause 40.10.50.10(3), a 1.5 metre-wide strip of soft landscaping abutting a lot in the Residential Zone category or Residential Apartment Zone category is not required;

(O) 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; and

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

(P) Despite regulation 200.5.10.1(1) and Table 200.5.10.1, parking will be provided at the following rates:

i. a minimum of zero (0) residential occupant parking spaces per dwelling unit; and

ii. a minimum of 2.0 plus 0.05 parking spaces per dwelling unit for residential visitors;

iii. if the calculation of the number of parking spaces in (i) and (ii) above results in a number with a fraction, the number is rounded down to the nearest whole number, but there may not be less than one parking space;

(Q) Despite clauses 200.15.10.5 and 200.15.10.10(1) and (2), a minimum of 4 accessible parking spaces are required;

(R) In addition to (Q) above, if the number of residential occupant parking spaces provided exceeds the minimum in (P) above, additional accessible parking spaces will be provided at a rate of 5 percent of the total residential occupant parking spaces provided;

(S) Despite regulation 200.5.1.10(2)(A)(iv), 5 percent of the required parking spaces may be obstructed 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;

(T) Despite regulation 200.5.1.10(2)(A) and (D), electric vehicle infrastructure, including electrical vehicle supply equipment, does not constitute an obstruction to a parking space;

(U) Despite regulation 200.15.1(1), an accessible parking space must have the following minimum dimensions:

i. length of 5.6 metre;

ii. width of 3.4 metres;

iii. vertical clearance of 2.1 metres; and

iv. be adjacent to a 1.5 metre wide accessible barrier free aisle or path;

(V) Despite clause 40.10.90.10(1)(C), loading spaces may be located in a side yard or rear yard that abuts a lot in the Residential Zone category or Residential Apartment Zone category;

(W) Despite regulation 230.5.10.1(5), a minimum of 1.0 bicycle parking spaces for each dwelling unit must be provided, allocated as:

i. 0.9 “long-term” bicycle parking spaces per dwelling unit; and

ii. 0.1 "short-term” bicycle parking spaces per dwelling unit must be provided;

(X) Despite Regulation 230.5.1.10(4)(A), the required minimum dimensions of a stacked bicycle parking space are:

i. length of 1.6 metres;

ii. width of 0.45 metres; and

iii. vertical clearance of 2.4 metres;

(Y) 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 on the first two levels of the building below-ground;

(Z) In addition to regulation 230.5.1.10(10), a “short-term" bicycle parking space may also be located in a stacked bicycle parking space.

(AA) 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. “Primary Window" means a window in a dwelling unit other than a window of a bedroom, kitchen, bathroom, hallway, or storage area;

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

5. 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.

6. Temporary Use(s):

(A) None of the provisions of By-law 569-2013, as amended, or this By-law, apply to prevent the erection and use of a sales centre or office for the sale and leasing of dwelling units constructed on the lands to which this By-law applies for a period of 3 years from the date this By-law comes into full force and effect, after which this temporary use permission expires.

Ontario Land Tribunal Decision issued on July 26, 2024 and Ontario Land Tribunal Order issued on XXX in Tribunal File OLT-23-001089