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Chapter 900 Site Specific Exceptions
900.12 CRE - Zone
| (1) | CRE Zone Exceptions |
| The regulations located in Article 900.12.10 apply only to the exceptions subject to the CRE zone and identified with the corresponding exception number.
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| (1) | Exception CRE 1 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
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Site Specific Provisions: (None Apply)
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 12(2) 260 of former City of Toronto By-law 438-86; and
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| (B) | Section 12(2) 270 of former City of Toronto By-law 438-86.
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| (2) | Exception CRE 2 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
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Site Specific Provisions: |
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| (A) | On the lands, a seniors community house or an emergency shelter is not a permitted use. [TO: 438-86; 12 (2) 98].
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 12(2) 260 of former City of Toronto By-law 438-86; and
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| (B) | Section 12(2) 270 of former City of Toronto By-law 438-86.
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| (3) | Exception CRE 3 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
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Site Specific Provisions: |
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| (A) | On 602-622 King Street West, 499-505 Adelaide Street West, 1 and 11 Adelaide Place none of the provisions of Clauses and Regulations 5.10.40.70 (1) to (4), 50.10.40.1(2), 50.10.40.30(1), 50.10.40.60 (1) through (8), 50.10.40.70 (1), (3), (4) and (5), 50.10.40.80 (1) through (3), 50.10.40.81 (1) and (2), 50.10.150.1 (1), 200.5.10.1(1) and (6), Table 200.5.10.1, 200.15.1.5(1), 200.15.10, 220.5.10.1, 230.5.1.10(9)(B), 230.50.1.20 (1) (C) apply to prevent the erection or use of a building, structure, addition or enlargement permitted by (B) to (L) below;
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| (B) | The height of a building or structure is measured as the vertical distance between grade, which is Canadian Geodetic Datum elevation of 88.65 metres, and the highest point of the building or structure except for those elements prescribed in section (C) below;
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| (C) | No portion of any building or structure on the lands, excluding parapets, guard rails, railings and dividers, trellises, eaves, screens, stairs, roof drainage, window washing equipment, lightning rods, architectural features, elevated pedestrian bridge, landscaping and elements of a green roof is to have a height greater than the height in metres specified by the number following the H symbol as shown on Diagram 3 of By-law 240-2016;
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| (D) | The portions of a building or structure above ground must be located within the areas delineated by heavy lines on Diagram 3 of By-law 240-2016, except that:
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| (i) | cornices, light fixtures, ornamental elements, parapets, art and landscape features, patios, decks, pillars, trellises, balconies, terraces, eaves, window sills, planters, ventilation shafts, guardrails, balustrades, railings, stairs, stair enclosures, doors, wheelchair ramps, fences, screens, site servicing features, elevated pedestrian bridge, awnings and canopies, and underground garage ramps and associated structures may extend beyond the heavy lines shown on Diagram 2 of By-law 240-2016;
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| (E) | The total gross floor area of all buildings and structures on the lands must not exceed 41,000 square metres; and
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| (i) | the gross floor area of buildings or structures occupied by residential uses must not exceed 11,100 square metres.
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| (ii) | the gross floor area of buildings and structures occupied non-residential uses must not exceed 29,900 square metres, excluding the area occupied by a parking garage or public parking.
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| (F) | Amenity space must be provided in accordance with the following:
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| (i) | a minimum of 2.0 square metres of indoor amenity space per dwelling unit;
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| (ii) | a minimum of 0.3 square metres of outdoor amenity space per dwelling unit; and
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| (iii) | no amenity space is required for the lawfully existing buildings known in the year 2015 as 602 King Street West, 499 and 505 Adelaide Street West, 1 and 11 Adelaide Place;
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| (G) | Parking spaces must be provided and maintained in accordance with the following:
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| (i) | provide and maintain resident parking spaces to serve the project, accordance with the Zoning By-law for the King-Spadina policy area, save and except that 78 resident parking spaces may be located off-site within 300 metres of the subject site;
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| (ii) | provide and maintain residential visitor and non-residential spaces to serve the project, in accordance with the Zoning By-law for the King-Spadina policy area, save and except that residential visitors may be provided in a commercial parking garage and this total may be reduced by two spaces; and
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| (iii) | no parking spaces are required for the lawfully existing buildings on the lands
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| (H) | A commercial parking garage providing a minimum of 84 parking spaces is permitted on the lands;
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| (I) | A maximum of 13 of the required parking spaces may be undersized parking spaces with a minimum width of 2.6 metres and a minimum length of 4.9 metres;
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| (J) | A minimum of 107 bicycle parking spaces must be provided and maintained on the lands, of which:
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| (i) | 21 bicycle parking spaces must be allocated for short-term bicycle parking;
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| (ii) | 86 bicycle parking spaces must be allocated for long-term bicycle parking; and may be located on the lower level; and
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| (iii) | no bicycle parking spaces are required for the lawfully existing buildings on the lands;
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| (K) | A minimum of one Type "G" loading space and two Type "B" loading spaces must be provided and maintained on the lands; and
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| (L) | Exception CRE (x3) applies to all of the lands collectively regardless of future severance, partition or division;
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Prevailing By-laws and Prevailing Sections:(None Apply)
[ By-law: 240-2016 ] |
| (5) | Eception CRE 5 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions:
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Site Specific Provisions: |
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| (A) | On 604-618 Richmond Street West, if the requirements of By-law 672- 2016(OMB) are complied with, none of the provisions of regulations 5.10.40.70(1) to (3), 50.5.40.70(1), 50.10.40.10(1), 50.10.40.50(1), 50.10.40.60(1), 50.10.40.70(1), 50.10.40.70(3), 50.10.40.70(5), 50.10.40.80 (3), 200.5.10.1(1) and (6), 200.5.10.1(1), 200.15.1.5(1), 230.5.1.10(4), 230.5.1.10(9), 230.5.10.1(1), 230.5.10.1 (5), 230.50.1.20(1) and 900.12.10(76) apply to prevent the erection of a building or structure permitted in By-law 672-2016(OMB);
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| (B) | The height of a building or structure on the lands is measured as the vertical distance between Canadian Geodetic Datum elevation of 90.8 metres, and the highest point of the building or structure except for those elements prescribed in section (C) below;
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| (C) | No portion of any building or structure on the lands, excluding parapets, guard rails, railings and dividers, trellises, eaves, screens, stairs, roof drainage, window washing equipment, lightning rods, elevator overruns, garbage chute overruns, architectural features, landscaping and elements of a green roof is to have a height greater than the height in metres specified by the number following the H symbol as shown on Diagram 3 of By-law 672-2016(OMB) except that:
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| (i) | Parapets may project above the height in metres specified by the number following the H symbol as shown on said Diagram 3 by a maximum of 1.8 metres;
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| (D) | The portions of a building or structure above ground must be located within the areas delineated by heavy lines as shown on Diagram 3 of By-law 672- 2016(OMB), except that:
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| (i) | cornices, light fixtures, ornamental elements, parapets, art and landscape features, patios, decks, pillars, trellises, balconies, terraces, eaves, window sills, planters, ventilation and exhaust shafts, guardrails, balustrades, railings, stairs, stair enclosures, doors, wheelchair ramps, fences, screens, site servicing features, awnings and canopies, window washing equipment and underground garage ramps and associated structures may extend beyond the heavy lines shown on Diagram 3 of said by-law;
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| (E) | The total gross floor area of all buildings and structures on the lands must not exceed 16,000 square metres and:
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| (i) | the gross floor area of buildings or structures occupied by residential uses symbolized by the letter 'r' permitted by Regulations 50.10.20.10(1) and 50.10.20.20(1) must not exceed 15,500 square metres; and
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| (ii) | the gross floor area of buildings and structures occupied by commercial and employment uses symbolized by the letters 'c' and 'e', respectively, permitted by Regulations 50.10.20.10(1) and 50.10.20.20(1) must not exceed 500 square metres;
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| (F) | Amenity space, which may include a guest suite containing a kitchen and washroom, must be provided in accordance with the following:
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| (i) | a minimum of 341 square metres of indoor amenity space; and
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| (ii) | a minimum of 64 square metres of outdoor amenity space;
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| (G) | Parking spaces must be provided and maintained in accordance with the following minimum requirements:
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| (i) | a minimum of 0.3 parking spaces for each bachelor dwelling unit;
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| (ii) | a minimum of 0.5 parking spaces for each one bedroom dwelling unit;
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| (iii) | a minimum of 0.8 parking spaces for each two bedroom dwelling unit;
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| (iv) | a minimum of 1.0 parking spaces for each three bedroom dwelling unit;
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| (v) | a minimum of 13 parking spaces for visitors to dwelling units; and
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| (vi) | no parking spaces shall be required for non-residential uses.
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| (H) | A minimum of 229 bicycle parking spaces must be provided and maintained on the lands, of which:
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| (i) | 22 bicycle parking spaces must be allocated for short-term bicycle parking; and
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| (ii) | 207 bicycle parking spaces must be allocated for long-term bicycle parking and may be located on any level of the building at or below grade;
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| (I) | Stacked bicycle parking spaces are not subject to the dimensions outlined in Regulations 230.5.1.10(4)(C), 230.5.1.10(5)(A) and 230.5.1.10(10);
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| (J) | A short-term bicycle parking space may be located in a stacked bicycle parking space;
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| (K) | A minimum of one Type "G" loading space must be provided and maintained on the lands;
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| (L) | A minimum of 21 dwelling units on the lands must:
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| (i) | be constructed as or be readily convertible to three bedroom dwelling units, without requiring structural changes to the dwelling unit; and
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| (ii) | each of the three bedrooms must be or be capable of being in compliance with the provisions of the Ontario Building Code (O. Reg. 322/12);
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 672-2016 (OMB) ] |
| (7) | Exception CRE 7 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections .
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Site Specific Provisions: |
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| (A) | If the requirements of By-law 698-2016 are complied with, none of the provisions of regulation 50.5.40.10(3) (4)(5)(6)(7), 50.5.40.60(1), 50.10.20.10(1), 50.10.20.20(1), 50.10.40.1(1), 50.10.40.10(1),(3), 50.10.40.60, 50.10.40.70(1)(2)(3)(5), 50.10.40.80(2),(3), 50.10.90.40(1), 220.5.10.1(3),(6), 220.5.20.1(1),(3), apply to prevent the erection or use of a building, structure, addition or enlargement permitted in By-law 698-2016 for the purposes of a hotel, eating establishment, outdoor patio, and/or office uses;
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| (B) | The maximum gross floor area of a non-residential building erected or used on the lands must not exceed 8,000 square metres;
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| (C) | The maximum area that may be used for an outdoor patio on the lands must not exceed 100 square metres and such outdoor patio may be located at the penthouse level of the building;
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| (D) | The floor area devoted to the preparation of food and beverages, for any eating establishment on the lands, including associated outdoor patio space, need not be contiguous, connected to or located on the same floor as the premises where such food and beverages are consumed by the public provided that such eating establishments are ancillary to a hotel on the lot as outlined by heavy lines on Diagram 1 of By-law 698-2016;
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| (E) | The height of a building or structure on the lands must not exceed the height in metres specified by the numbers following the symbol "HT" on Diagram 3 of By-law 698-2016 including any vertical projections;
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| (F) | Despite (E) above, parapets, sky-lights, green roof elements, railings and ventilation equipment, may exceed the 5.0 metre and 9.0 metre height limits as indicated by the numbers following the symbol "HT" in Diagram 3 of By-law 698-2016 permitted in (E) above by By-law 698-2016 by not more than 1.5 metres;
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| (G) | The above grade portion of any building or structure must be wholly located within the areas delineated by the heavy lines shown on Diagram 3 of By-law 698-2016;
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| (H) | Despite (G) above, the following elements may be located on the lands outside of the heavy lines on Diagram 1 of By-law 698-2016, up to a maximum of 1.5 metres;
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| (i) | Canopies, awnings, cornices, light fixtures, ornamental or architectural elements, parapets, window sills, bicycle racks, wheelchair ramps, mechanical air shafts, landscape features;
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| (I) | The required minimum above-ground distance between windows is 8.8 metres for windows located on the south façade of a building on the lands and on the north façade of a building;
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| (J) | No windows are permitted on the east façade of a building on the lands within 14 metres of the east lot line;
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| (K) | Despite 200.5.10.1, no parking spaces are required;
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| (L) | Despite 230.5.10.1(1), a minimum of seven (7) long term bicycle parking spaces must be provided and maintained on the lands and all such bicycle parking spaces must be provided at ground level or on any level below-ground;
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| (M) | Despite 230.5.10.1(1), a minimum of ten (10) short-term bicycle parking spaces must be provided and maintained on the lands or in the public right-of-way adjacent to the lands;
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| (N) | Despite 230.5.1.10(7), no shower and change room facilities are required;
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| (O) | Despite 220.5.1.10(7) and (8), a minimum of one (1) loading space must be provided and maintained with the following minimum dimensions:
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| (i) | Minimum length of 8.2 metres;
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| (ii) | Minimum width of 4.3 metres; and
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| (iii) | A minimum vertical clearance of 4.0 metres; and
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| (P) | Access to the loading space must be from a lane or private right-of-way with a minimum width of 4.57 metres.
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Prevailing By-laws and Prevailing Sections:(None Apply)
[ By-law: 698-2016 ] |
| (8) | Exception CRE 8 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
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Site Specific Provisions: (None Apply)
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 12(2) 270 of former City of Toronto By-law 438-86.
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| (9) | Exception CRE 9 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: |
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| (A) | On the lands identified as Parcel A on Diagram 1 of By-law 1478-2017(OMB), if the requirements of Section 6 and Schedule A of By-law 1478-2017(OMB) are complied with, none of provisions 5.10.40.70 (1) and (2), 50.5.40.10(1), 50.10.40.10 (1), 50.10.40.30 (1), 50.10.40.50(1)(A) and (B), 50.10.40.70 (1) and (5), 50.10.40.80 (1), 200.5.10.1 (1), 200.15.1.5(1), 220.5.10.1(3), 220.5.20.1 (1) (A) (ii), 230.5.10.1(2) and (5), 230.50.1.20 (2)(C) and 600.10.10 apply to prevent the erection and use of a building, structure, addition or enlargement permitted by (B) – (O) below;
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| (i) | Canopies, awnings, building cornices, parapets lighting fixtures, ornamental architectural elements, trellises, eaves, window sills, guardrails, balustrades, railings, stairs, stair enclosures, terraces, wheel chair ramps, vents, underground garage ramps, landscape and green roof elements and wind mitigation features which may extend beyond the heavy lines, except for the lot lines, shown on Diagram 2; and
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| (ii) | Balconies are permitted outside the heavy lines shown on Diagram 2, within the area illustrated by hatching and identified as balcony zones on Diagram 2 of By-law 1478-2017(OMB);
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| (B) | The height of a building or structure is measured from the Canadian Geodetic Datum of 83.00 metres and no portion of a building or structure erected above the Canadian Geodetic Datum of 83.00 metres is to be located otherwise than wholly within the areas delineated by heavy lines on Diagram 2 of By-law 1478-2017(OMB), with the exception of the following:
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| (i) | Canopies, awnings, building cornices, parapets lighting fixtures, ornamental architectural elements, trellises, eaves, window sills, guardrails, balustrades, railings, stairs, stair enclosures, terraces, wheel chair ramps, vents, underground garage ramps, landscape and green roof elements and wind mitigation features which may extend beyond the heavy lines, except for the lot lines, shown on Diagram 2; and
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| (ii) | Balconies are permitted outside the heavy lines shown on Diagram 2, within the area illustrated by hatching and identified as balcony zones on Diagram 2 of By-law 1478-2017(OMB);
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| (C) | No portion of a building or structure erected above the Canadian Geodetic Datum of 83.00 metres may have a greater height in metres than the heights in metres specified by the numbers following the symbol H on Diagram 2, and the number of storeys following the symbol ST on Diagram 2, of By-law 1478-2017(OMB) except for the following:
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| (i) | Railings and guards, vents, exhausts, lightning rods, chimney stacks, pool equipment, retaining walls and planters, ornamental architectural elements, green roof elements, and roof assemblies including parapets which may project above the permitted height by a maximum of 1.5 metres;
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| (ii) | Wind remediation screens and dividers which may project above the permitted height by up to a maximum of 2.0 metres; and
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| (iii) | Landscape features and elements including trellises, fences and outdoor amenity structures, window washing and building maintenance equipment, which may project above the permitted height up to a maximum of 3.0 metres;
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| (D) | Any storey above the 25th storey may only be used for the functional operation of the building;
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| (E) | The total gross floor area of all buildings and structures on Parcel A must not exceed 18,400 square metres of which:
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| (i) | A maximum of 17,850 square metres may be used for residential uses; and
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| (ii) | A maximum of 650 square metres may be used for non-residential uses;
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| (F) | Amenity space must be provided and maintained on Parcel A as follows:
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| (i) | A minimum of 1.55 square metres of indoor residential amenity space for each dwelling unit must be provided and maintained and must include at least one multi-purpose room or rooms, at least one of which contains a kitchen and a washroom; and
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| (ii) | A minimum of 1.85 square metres of outdoor residential amenity space for each dwelling unit of which, a minimum of 40 square metres must be in a location adjoining or directly accessible from a portion of the indoor residential amenity space;
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| (G) | Up to one guest suite having a maximum interior floor area of 45 square metres is permitted and will be calculated as amenity space;
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| (H) | Parking spaces must be provided and maintained on Parcel A as follows:
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| (i) | A minimum of 110 parking spaces for residents; and
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| (ii) | A minimum of 16 parking spaces for visitors;
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| (I) | Despite 200.5.1.10(2), a maximum of 4 obstructed parking spaces that are obstructed on one side only may have a minimum width of 2.6 metres;
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| (J) | Despite section 200.15.10(1)(C), accessible parking spaces provided on Parcel A will have minimum dimensions of 3.9 metres by 5.6 metres;
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| (K) | Despite section 230.5.1.10(9)(iii), bicycle parking spaces may also be located on any parking level below grade;
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| (L) | Bicycle parking spaces must be provided and maintained on Parcel A as follows:
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| (i) | Short-term bicycle parking spaces must be provided at a minimum rate of 0.1 bicycle parking spaces per dwelling unit; and
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| (ii) | Long-term bicycle parking spaces must be provided at a minimum rate of 0.9 bicycle parking spaces per dwelling unit;
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| (M) | A minimum of one Type "G" loading space must be provided and maintained on Parcel A;
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| (N) | A minimum of 18 percent of the dwelling units must have 2 or 3 bedrooms and no less than 10 percent of the dwelling units must have a minimum average interior floor area of at least 95 square metres; and
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| (O) | The regulations of By-law 1107-2016 do not apply.
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Prevailing By-laws and Prevailing Sections: (A) Section 12(2) 270 of former City of Toronto By-law 438-86.
[ By-law: 1478-2017 (OMB) ] |
| (10) | Exception CRE 10 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: |
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| (A) | On 410, 440, 444, 450 and 462 Front Street West; 425, 439, 441 and 443 Wellington Street West and 6-18 Spadina Avenue, shown as CRE (x10) on Diagram 2 to By-law 125-2017, none of the provisions of 5.10.40.70.(1) to (4), 50.5.40.60(1), 50.10.20.100(1), (5), (19), (26), (27), (28), (31)(A)(C)(D) and (39), 50.10.40.1, 50.10.40.30(1), 50.10.50.10, 50.10.80.10(1), 50.10.90.10(1), 50.10.90.40(3), 50.10.100.10(1)(B), 150.45, 150.48, 200.10.1(2), 200.15.1.5(1), 230.5.1.10(9) and 230.50.1.20 (1) and (2)(D) and Section 600.10 apply to prevent the erection or use of buildings or structures on the lands if in compliance with regulations (B) to (CC) below and Section 10 and Schedule A of By-law 125-2017;
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| (B) | In addition to the uses permitted by Regulation 50.10.20.10(1), public parking and outdoor open air markets are permitted;
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| (C) | Outdoor open air markets may provide retail sales, food sales and other uses from kiosks, tents, vehicles, tables and such facilities are not buildings or structures;
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| (D) | Despite regulation 50.10.20.20(1) (A), the outdoor sale or display of goods or commodities is not subject to regulation 50.10.20.100(41) (C);
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| (E) | For the purposes of this exception, a bicycle services and repair shop is not a vehicle repair shop;
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| (F) | Despite regulation 50.10.20.100(23) a vehicle fuel station operated as an electric vehicle charging station is not subject to regulation 150.92;
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| (G) | Parking spaces must be located below a Canadian Geodetic Datum elevation of 85.0 metres;
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| (H) | An outdoor patio is not subject to regulation 50.10.20.100(21), provided it is set back a minimum of 15.0 metres from a lot in a Residential Zone category;
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| (I) | Despite the definition of an outdoor patio pursuant to regulation 800.50(525), an outdoor patio may include an outdoor patron area that is a non-residential use or ancillary to a non-residential use;
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| (J) | Despite regulation 50.10.20.100(22) provided no more than a maximum of 6 vehicles are displayed outside which may or may not be in connection with vehicle dealerships, only regulations 150.90.20.1 (1) and (2)(B) and (C)(i) and (ii) apply;
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| (K) | Despite regulation 50.10.20.100(22), a vehicle dealership or portion thereof operated as a car share organization is not subject to regulation 150.90;
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| (L) | Despite regulation 50.10.20.100(25), if a vehicle washing establishment is located with a portion of a building located below a Canadian Geodetic Datum elevation of 85.0 metres, the provisions of regulation 150.96 do not apply;
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| (M) | Despite regulations 50.10.20.100(32) and 150.100.20.1(1)(A), a maximum of 12 percent of the total interior floor area of an eating establishment, to a maximum of 100 square metres is permitted to be used for the uses noted as 150.100.20.1 (1)(A) (i) to (vii) provided the primary use of the premises is maintained as an eating establishment;
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| (N) | The total gross floor area of all buildings and structures must not exceed 289,000 square metres, of which:
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| (i) | buildings and structures or portions thereof, occupied by residential uses must not exceed a gross floor area of 175,000 square metres;
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| (O) | The combined gross floor area of all ground floor levels contained in buildings on the lands subject to this Exception must not exceed a maximum of 17,350 square metres, where the ground floor level is the floor level of a building that is closest to the Canadian Geodetic Datum elevation of 85.0 metres;
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| (P) | In addition to the provisions of regulation 50.5.40.40, the following areas of a building are also not included in the calculation of gross floor area:
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| (i) | indoor amenity space up to a maximum of 2 square metres of indoor amenity space per dwelling unit;
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| (ii) | storage rooms, washrooms, electrical, utility, mechanical and ventilation rooms below the Canadian Geodetic Datum of 85.0 metres;
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| (iii) | the areas of any use operated in connection with an outdoor open air market; and
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| (iv) | interior floor area occupied by a day nursery and uses ancillary thereto;
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| (Q) | Despite all of regulations 50.10.40.60, 50.10.40.70 and 50.10.40.80 no portion of any building or structure above-ground is located other than wholly within the areas delineated by heavy lines on Diagrams 6 to 10 of By-law 125-2017 with the exception of the following:
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| (i) | lighting fixtures, cornices, sills, eaves, canopies, window washing equipment, railings, privacy screens, planters, balustrades, bollards, stairs, escalators and related enclosures, balconies, awnings, fences, underground garage ramps and associated structures, walls and safety railings, trellises, guards, guardrails, retaining walls, wheel chair ramps, public art, bike share facilities, outdoor recreation uses, band shells, ornamental or architectural features, landscape features, day nursery facilities and art installations;
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| (ii) | pedestrian bridges subject to a maximum height of 24.0 metres, measured between the Canadian Geodetic Datum elevation of 85.0 metres and the highest point of the bridge;
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| (iii) | covered walkways, architectural and ornamental canopies and similar structures, including related support structures; and
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| (iv) | structures, elements and enclosures permitted by regulation (R) below;
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| (R) | Despite all of regulations 50.5.40.10 and 50.10.40.10(1), the height of each portion of a building or structure, is measured as the vertical distance between Canadian Geodetic Datum elevation of 85.0 metres and the highest point of the building or structure, and must not exceed the height in metres as specified by the numbers following the symbol H as shown on Diagrams 7 to 10 to By-law 125-2017 except for the following projections:
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| (i) | structures, elements and enclosures permitted by regulation (Q) above;
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| (ii) | elevators and related structures provided that:
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| (a) | Such projections are located on those portions of a building permitted above a height of 81 metres as shown on Diagrams 7, 8, 9 and 10 of By-law 125-2017;
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| (b) | Such projections are limited to a maximum vertical projection of 13.0 metres above the height limits specified by the numbers following the symbol H as shown on Diagrams 7, 8, 9 and 10 of By-law 125-2017; and
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| (c) | The horizontal area of each such projection is not greater than 150 square metres;
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| (iii) | portions of a building used for indoor amenity space and or a recreation use operated as a gym, fitness centre or health club provided that:
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| (a) | Such projections are located on those portions of a building subject to a height limit of 26.3 metres and/or 36.3 metres as shown on Diagrams 7, 8 and 9 of By-law 125-2017; and
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| (b) | Such projections are limited to a maximum vertical projection of 5.0 metres above the permitted building heights shown on Diagrams 7, 8 and 9 of By-law 125-2017 and the provisions of regulation (S) do not apply;
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| (iv) | the erection or use of structures on any roof used for outdoor amenity space or open air recreation, maintenance, safety, wind or green roof purposes, vestibules providing access to outdoor amenity space, cooling towers, parapets, mechanical and architectural screens, chimneys, vents, stacks, mechanical fans, structures and elements associated with green energy and renewable energy facilities. Such projections are limited to a maximum vertical projection of 6.0 metres above the permitted building heights shown on Diagrams 7, 8, 9 and 10 of By-law 125-2017;
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| (S) | Despite any other provision of this Exception, above a height of 36.3 metres as measured in accordance with regulation (R) above, a minimum separation distance of 25 metres must be provided between the main walls of buildings located within Tower Zone 01 and Tower Zone 02, as shown on Diagrams 8 and 9 and between any other structure on the lands, excluding the structures and elements permitted by subsection (Q) and (R) (iii) above;
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| (T) | Within the areas shown as Tower Zone 01 and Tower Zone 02 on Diagrams 8 and 9, the follow applies:
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| (i) | within Tower Zone 01, the maximum gross floor area of any storey, the floor level of which is more than 61.0 metres above the Canadian Geodetic Datum elevation of 85.0 metres, is 985.0 square metres; and
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| (ii) | within Tower Zone 02, the maximum gross floor area of any storey, the floor level of which is more than 67.0 metres above the Canadian Geodetic Datum elevation of 85.0 metres, is 985.0 square metres;
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| (U) | Despite regulation 50.10.40.50, amenity space must be provided in accordance with the following:
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| (i) | a minimum of 3.0 square metres of amenity space per dwelling unit must be provided, of which, not less than 1.2 square metres per dwelling unit must be provided as indoor amenity space;
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| (ii) | a minimum of 40 square metres of outdoor amenity space provided in a location directly accessible from an area containing indoor amenity space;
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| (iii) | indoor amenity space may include guest suites where such suites may contain either a kitchen or a bathroom; and
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| (iv) | amenity space must be available for use by the occupants of a building for recreational or social activities and may also be available for use by visitors and guests to a building;
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| (V) | Despite regulations 200.5.10.1(1), (4) and (6), parking spaces must be provided in accordance with the following:
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| (i) | a minimum of 0.4 parking spaces per dwelling unit must be provided for residents;
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| (ii) | p arking spaces for all other uses within a building or structure must be provided in accordance with the following minimums, where parking period AM means 6 a.m. to noon, PM means noon to 6 p.m and Eve. means 6 p.m. to 6 a.m.
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| (a) | Hotel: 0.2 parking spaces for each 100 square metres of gross floor area in accordance with the following parking occupancy rates of AM:80 percent, PM:75 percent and EVE:100 percent;
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| (b) | Office 0.35 parking spaces for each 100 square metres of gross floor area in accordance with the following parking occupancy rates of AM:100 percent, PM:60 percent and EVE:0 percent;
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| (c) | All other non-residential uses: 1.0 parking spaces for each 100 square metres of gross floor area in accordance with the following parking occupancy rates of AM:20 percent, PM:100 percent and EVE:100 percent; and
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| (d) | Residential visitors: 0.1 parking spaces per dwelling unit in accordance with the following parking occupancy rates of AM:10 percent, PM:35 percent and EVE:100 percent;
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| (iii) | for the purpose of (ii) above, gross floor area is to be calculated in accordance with regulation 200.5.1.10(11);
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| (iv) | despite subsection (ii) above, no parking spaces are required for a day nursery, eating establishment, take-out eating establishment, uses within an outdoor open air market, software development and processing facility, recreation use operated as gym, fitness centre or health club and a community centre;
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| (v) | the minimum number of parking spaces as required pursuant to (ii) above is determined as follows:
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| (a) | For each of the AM, PM and EVE parking periods identified, the minimum number of parking spaces required for each use, is calculated using the respective parking space rate and occupancy rate;
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| (b) | the minimum number of parking spaces required for each parking period is the total of the parking spaces required for all uses during that parking period; and
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| (c) | the minimum number of parking spaces required is equal to the largest number of parking spaces required for any parking period;
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|
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| (W) | For each car-share parking space provided, the minimum number of parking spaces for residents required pursuant to regulation (V) (i) above may be reduced by four parking spaces, up to a maximum reduction as calculated by the following formula: 4 x (the total number of dwelling units on the lands divided by 60), rounded down to the nearest whole number;
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| (X) | For the purpose of this Exception:
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| (i) | car-share means the practice whereby a number of people share the use of one or more motor vehicles that are owned by a profit or non-profit car-sharing organization and such car-share motor vehicles are made available to at least the occupants of the building for short term rental, including hourly rental; and
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| (ii) | a car-share parking space means a parking space exclusively reserved and signed for a car used only for car-share purposes;
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| (Y) | Despite regulation 50.5.80.1, the parking spaces required by regulation (V)(ii) above may be provided on a non-exclusive basis and may be provided within a public parking use on the lot;
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| (Z) | Despite regulation 200.5.1.10(2):
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| (i) | a maximum of 15 percent of the total number of parking spaces provided do not have to comply with regulation 200.5.1.10(2)(A)(iv), despite that such parking spaces are obstructed in accordance with regulation 200.5.1.10(2)(D); and
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| (ii) | provided, the total number of parking spaces obstructed on two sides in accordance with 200.5.1.10(2)(D) does not exceed 5 percent of the total number of provided parking spaces;
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| (AA) | Despite regulation 220.5.20.1(2), the maximum permitted slope of a ramp or driveway leading to a loading space is 15 percent, except the maximum permitted slope of the portion of a ramp or driveway within 6 metres of the limit of a street is 5 percent;
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| (BB) | Despite regulation 230.5.1.10(4)(A)(ii), if a stacked bicycle parking space is provided, the minimum width for each bicycle parking space is 0.45 metres; and
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| (CC) | Despite any existing or future severance, partition or division of the lands shown as CRE (x10) on Diagram 2 of By-law 125-2017 the provisions of this Exception and By-law 569-2013, shall apply to the whole of the lands as one lot as if no severance, partition or division had occurred.
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|
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 125-2017 (OMB) ] |
| (11) | Exception CRE 11 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Section:
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Site Specific Provisions: |
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| (A) | On 497, 505 and 511 Richmond Street West, if the requirements of Section 5 and Schedule A of By-law 849-2017 are complied with, none of the provisions of Article, Clauses and Regulations 50.5.40.10, 50.10.40.10, 50.10.40.50, 50.10.40.60, 50.10.40.70, 50.10.40.80, 50.10.90.40(3), 200.5.1(2), 200.5.1.10 (8), 200.5.10.1, 220.5.10, 230.50.1.20(2) apply to prevent the erection or use of a building permitted in By-law 849-2017 that complies to (B) to (M) below; [By-law 1459-2017]
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| (B) | The maximum gross floor area must not exceed 31,700 square metres, of which:
|
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| (i) | a maximum of 23,100 square metres is used for residential uses;
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| (ii) | a minimum of 8,000 square metres of gross floor area is used for non-residential uses, of which a minimum of 4,400 square metres must be used for a community centre; [By-law 1261-2017]
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| (C) | No portion of any building or structure erected or used above ground will, be located otherwise than wholly within the lines delineating the height areas on Diagram 4 of By-law 849-2017;
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| (D) | Despite regulation 10.5.40.10(1), the height of a building, is measured from the Canadian Geodetic Datum elevation of 91.0 metres;
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| (E) | A building or structure, must not exceed the height in metres specified by the numbers following the letter "H" in the height areas delineated on Diagram 4 of By-law 849-2017;
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| (F) | Despite (C) and (E) above, the following elements are permitted to project from the building beyond the delineated height areas and lines specified on Diagram 4 of By-law 849-2017:
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| (i) | eaves, cornices, window sills, landscape features, wheel chair ramps, light fixtures, balustrades, bollards, awnings, canopies, raised planters, fences, vents, underground garage ramp and associated structures, damper equipment; window washing equipment; and
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| (ii) | balconies to a maximum of 1.5 metres provided they are located on the east and west facades of the building, and do not occupy more than 50 percent of each building facade;
|
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| (G) | Despite (E) and (F) above, the only elements permitted to exceed a height of 47.5 metres as identified on Diagram 4 of By-law 849-2017 attached to and forming part of this by-law are the following, provided they are located in "Area A" as identified in hatching on Diagram 3 of By-law 849-2017 and having a maximum area of 850 square metres;
|
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| (i) | mechanical elements, stair and stair enclosures up to a combined maximum of 700 square meters and a maximum height of 6 metres; and
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| (ii) | fences, raised planters, landscape features, light fixtures, guardrails associated with an outdoor amenity space up to a maximum height of 2 metres,
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| (H) | A maximum of 300 dwelling units is permitted;
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| (I) | No dwelling units are permitted on the second or third storeys of the building;
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| (J) | Indoor amenity space must be provided at a minimum rate of 1.3 square metres for each dwelling unit and may be provided in a multi-purpose room or rooms, whether or not these rooms are contiguous, with at least one washroom and kitchen;
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| (K) | Outdoor amenity space must be provided at a minimum rate of 1.3 square metres for each dwelling unit; and
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| (L) | For a maximum of 300 dwelling units, parking spaces must be provided as follows:
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| (i) | a minimum of 103 parking spaces will be provided for residents; and
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| (ii) | a minimum of 72 parking spaces, of which 2 may be car-share parking spaces, will be provided for the shared use of the non-residential uses in the building; [By-law 1459-2017]
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| (M) | A minimum of 2 loading spaces – 1 type G loading space and 1 type B loading space – must be provided and maintained on the lot. [By-law 1459-2017]
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|
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 849-2017 ] |
| (12) | Exception CRE 12 |
| 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: |
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| (A) | On the lands identified as Parcel B on Diagram 1 of By-law 1478-2017(OMB), the lawfully existing setbacks of the building existing on the lands on May 31, 2017 are the minimum building setbacks for that existing building and no parking spaces, loading spaces or bicycle parking spaces will be required for the non-residential uses existing on Parcel B on May 31, 2017.
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|
|
Prevailing By-laws and Prevailing Sections:
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|
| (A) | Section 12(2)270 of former City of Toronto By-law 438-86. [ By-law: 1478-2017 (OMB) ]
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| (13) | Exception CRE 13 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing Bylaws and Prevailing Sections.
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|
Site Specific Provisions: |
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| (A) | On 46, 48, 50, 52 and 54 Power Street, and 113, 115, 121, 123, 129 and 135 Parliament Street, if the requirements of Section 6 and Schedule A of By-law 277-2019(LPAT) are complied with, none of Regulations 5.10.40.70 (1) and (2), 50.5.40.10 (1), (4) and (5), 50.5.40.60 (1), 50.10.20.10 (1), 50.10.40.10 (1), 50.10.40.30 (1), 50.10.40.50 (1), 50.10.40.60 (2), 50.10.40.70 (1) and (5), 50.10.40.80 (1), 50.10.90.40 (1)(B) and (3), 200.5.1 (2), 200.5.1.10 (8), (10) and 12(C), 200.5.10.1 (1), 200.10.1, 200.15, 200.15.10 (1)(C), 220.5.10.1, 230.5.1.10 (9)(B), 230.50.1.20 (1); 230.5.1.10 (4)(C), (5) and (7), 230.5.10.1, and 600.10.10 shall apply to prevent the construction and use of a mixed-use building and public parking uses permitted in By-law 277-2019(LPAT) on the lands;
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| (B) | The residential gross floor area of the mixed-use building must not exceed 39,500 square metres;
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| (C) | The non-residential gross floor area of the mixed-use building must not exceed 4,150 square metres and the interior floor area of any single retail service or retail store use must not exceed 3,500 square metres;
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| (D) | No portion of a building or structure, including the mechanical penthouses, may have a greater height than the heights in metres specified by the numbers following the symbol H and the storeys specified by the number following the symbol ST on Diagram 2 of By-law 277-2019(LPAT);
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| (E) | Despite (D) above:
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| (i) | Parapets, planters, pool, pool deck, railings, terrace dividers and elements of a green roof may exceed the applicable height limits shown on Diagram 2 by a maximum of 2.0 metres;
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| (ii) | A garden shed may exceed the applicable height limits shown on Diagram 2 to a maximum of 2.4 metres; and
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| (iii) | Wind screens, window washing equipment, pergolas, trellises, vents, chimney stacks, mechanical equipment, stair enclosures, lightning rods and exhaust flues may exceed the applicable height limits shown on Diagram 2 by a maximum of 3.0 metres;
|
|
| (F) | Despite Clause 50.10.40.70 and Article 600.10.10, no portion of a building or structure may be located otherwise than wholly within the areas delineated by heavy lines on Diagram 2, with the exception of the following:
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| (i) | Lighting fixtures, cornices, ornamental elements, eaves, window sills, guardrails, columns, balconies, balcony dividers, piers, wheel chair ramps, vents, scuppers and underground garage ramps, and their associated structures, to a maximum of 2.0 metres;
|
| (ii) | Awnings, canopies and signage to a maximum of 3.0 metres; and
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| (iii) | Cladding to a maximum of 0.25 metres;
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| (G) | Amenity space must be provided and maintained on the lot in accordance with the following:
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|
| (i) | A minimum of 1.8 square metres of indoor residential amenity space for each dwelling unit which may be in a multi-purpose room or rooms, at least one of which contains a kitchen and a washroom;
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| (ii) | A minimum of 1.75 square metres of outdoor residential amenity space for each dwelling unit and a minimum of 40 square metres must be in a location adjoining or directly accessible from a portion of the indoor residential amenity space;
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| (iii) | A maximum of 150 square metres of indoor amenity space may include up to two (2) guest suites; and
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| (iv) | No more than 25 percent of the outdoor amenity space may be provided as a green roof;
|
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| (H) | Bicycle parking spaces must be provided as follows for the residential uses:
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| (i) | A minimum of 468 long-term bicycle parking spaces; and
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| (ii) | A minimum of 52 short-term bicycle parking spaces;
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|
| (I) | Bicycle parking spaces must be provided as follows for the non-residential uses:
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|
| (i) | A minimum of 8 long-term bicycle parking spaces; and
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| (ii) | A minimum of 15 short-term bicycle parking spaces;
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| (J) | Despite regulation 230.5.1.10(10), long-term and short-term bicycle parking spaces may be located in a stacked bicycle parking space;
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| (K) | The minimum number of parking spaces to be provided in a parking garage is 249, in accordance with the following:
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|
| (i) | A minimum of 0.33 parking spaces for each dwelling unit must be provided for the residents of the mixed-use building;
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| (ii) | A minimum of 77 parking spaces must be provided for the shared use of residential visitors and non-residential uses of the mixed-use building which may be provided within a public parking use, and
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| (iii) | Of the minimum 77 parking spaces required by ii, above, a maximum of 5 parking spaces may be designated for the use of residents of the mixed-use building;
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| (L) | A maximum of 22 parking spaces which are obstructed on one side only and a maximum of 4 of which are obstructed on two sides need not comply with regulation 200.5.1.10 (2)(A)(iv) and (D) for the side(s) that is/(are) obstructed;
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| (M) | Despite Section 200.15 and By-law 579-2017, a minimum of 8 of the parking spaces required by (K) above must be provided as accessible parking spaces, each having a minimum width of 3.9 metres and a minimum length of 5.6 metres;
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| (N) | A minimum of two Type "B" loading spaces and a minimum of one Type "G" loading space must be provided;
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| (O) | The height of a building or structure is measured from the Canadian Geodetic elevation of 82.5 metres;
|
| (P) | For the purposes of this exception, none of the following building elements are considered a storey and are excluded from the calculation of residential and non-residential gross floor area:
|
|
| (i) | A mezzanine, which means one floor level situated immediately above the first floor, which may be non-contiguous, but may not exceed a cumulative interior floor area of 350 square metres and is limited in use to mechanical rooms and accesses thereto; and
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| (ii) | Two mechanical penthouses, each of which comprising a maximum of two floor levels;
|
|
| (Q) | For the purposes of this exception, amenity space may include up to 2 guest suites and the floor area of such guest suites is excluded from the calculation of residential gross floor area and such guest suites do not constitute dwelling units for the purposes of this By-law.
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|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 277-2019(LPAT) ] |
| (14) | Exception CRE 14 |
| 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 102-118 Peter Street and 350-354 Adelaide Street West, if the requirements of By-law 1471-2017 are complied with, none of the provisions of Articles, Clauses and Regulations 5.10.40.70, 50.10.40.30(1), 50.10.40.1(4)(A), 50.10.90.40.(3), 200.5.1.10(10) and (12)(C), 600.10, and 900.12.10 (74), apply to prevent the erection or use of a building, structure, addition or enlargement permitted in By-law
1471-2017 (B) to (X) below.
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| (B) | In addition to the uses permitted by Regulations 50.10.20.10(1) and 50.10.20.20(1), public parking, car-share parking spaces and a temporary sales facility are permitted.
|
| (C) | For the purpose of this exception height is measured from Canadian Geodetic Datum elevation of 88.00 metres.
|
| (D) | Despite Clauses 50.5.40.10, 50.10.40.10 and 50.10.40.60, the height of each portion of a building or structure is measured as the vertical distance between Canadian Geodetic Datum elevation of 88.0 metres and the highest point of the building or structure, and must not exceed the height in metres as specified by the numbers following the letter H as shown on Diagram 3 of By-law 1471-2017, except for the following projections:
|
|
| (i) | structures, elements and enclosures permitted by Regulation (G) below;
|
| (ii) | structures on any roof used for outdoor amenity space or open air recreation, maintenance, safety or wind protection purposes provided such projections are limited to a maximum vertical projection of 3.0 metres above the permitted building heights shown on Diagram 3 of
By-law 1471-2017;
|
| (iii) | structures on any roof used for green roof purposes, vestibules providing access to outdoor amenity space, cooling towers, parapets, mechanical and architectural screens, chimneys, vents, stacks, mechanical fans, elevators and related structural elements, structures
and elements associated with green energy and renewable energy facilities provided such projections are limited to a maximum vertical projection of 2.0 metres above the permitted building heights shown on Diagram 3 of By-law 1471-2017; and
|
| (iv) | portions of an underground parking garage and associated structures situated below finished ground level provided no portion of such structures is more than 1.0 metre above Canadian Geodetic Datum elevation of 88.0 metres.
|
|
| (E) | The total gross floor area of the buildings and structures must not exceed a maximum of 51,000 square metres, of which:
|
|
| (i) | buildings and structures, occupied by residential uses must not exceed a gross floor area of 47,000 square metres; and
|
| (ii) | buildings and structures, occupied by non-residential uses must not exceed a gross floor area of 5,000 square metres, excluding the
gross floor area associated with the public parking use.
|
|
| (F) | A minimum of ten percent of the total number of dwelling units must be three (3) bedroom dwelling units.
|
| (G) | Despite Clauses and Regulations 50.10.40.60, 50.10.40.70(1), (4) and (5) and 50.10.40.80, no portion of any building or structure above finished ground level is located other than wholly within the heavy lines on Diagram 3 of By-law 1471-2017, with the exception of the following:
|
|
| (i) | balconies to a maximum horizontal projection of 1.6 metres beyond the heavy lines, except as provided for in Regulation (I) below;
|
| (ii) | cornices, sills, eaves, window-washing equipment, railings, balustrades, awnings, piers and sun-shades, canopies including supporting structures, covered walkways, privacy screens, planters, stairs, enclosed stairs, fencing, lighting, bollards, safety railings, trellises, guards, guardrails, retaining walls, ramps associated with an underground parking garage, wheelchair ramps, bicycle parking facilities, ornamental or architectural features, landscape features, street furniture, and art installations; and
|
| (iii) | structures, elements and enclosures permitted by Regulation (D) above.
|
|
| (H) | Despite Regulations (D) and (G) above, within the hatched area shown on Diagram 4 of By-law 1471-2017, no part of any building may be located between finished ground level and a minimum of 10.5 metres above finished ground level other than signage, lighting, columns, canopies, structural supports and design features.
|
| (I) | Despite Regulations (D) and (G) above, balcony projections and outdoor terraces are not permitted within the balcony restriction zone shown on Diagram 4 of By-law 1471-2017.
|
| (J) | A minimum 1.8 metre high privacy screen measured from the finished level of the roof must be provided in the location shown on Diagram 5 of By-law 1471-2017.
|
| (K) | Despite Clause 50.10.40.50, amenity space must be provided in accordance with the following:
|
|
| (i) | at least 2.0 square metres per dwelling unit of indoor amenity space;
|
| (ii) | at least 1.5 square metres per dwelling unit of outdoor amenity space; and
|
| (iii) | at least 40.0 square metres of outdoor amenity space must be in a location adjoining or directly accessible to the indoor amenity space.
|
|
| (L) | A minimum 1.8 metre wide landscape buffer area must be provided on the finished level of the roof in the location shown on Diagram 5 of
By-law 1471-2017.
|
| (M) | Despite Regulations 200.5.1(2), 200.5.10.1(1) and (5), and 200.20.10(2), vehicle parking spaces shall be provided and maintained on the lands in accordance with the following ratios:
|
|
| (i) | a minimum of 0.20 parking spaces per dwelling unit; and
|
| (ii) | a minimum of 49 parking spaces shall be provided for visitors to the dwelling units and for the non-residential gross floor area.
|
|
| (N) | Despite Regulations 200.5.1(2) and 200.10.1(1) and (2), the parking spaces required for visitors to the dwelling units and the non-
residential gross floor area may be provided within a public parking facility on the lands and may be shared on a non-exclusive basis.
|
| (O) | For each car-share parking space provided, the minimum number of parking spaces for residents required pursuant to Regulation (M)(i) above may be reduced by one parking space, up to a maximum reduction of four (4) parking spaces.
|
| (P) | Despite Article 50.5.80 and Regulation (M)(i) above, up to a maximum of 35 of the required residential parking spaces may be provided and maintained as off-site parking with respect to the lands municipally known as 401 Richmond Street West in the year 2016, and such
parking spaces may also be used for public parking purposes.
|
| (Q) | For the purpose of this Exception:
|
|
| (i) | " car-share" means the practice whereby a number of people share the use of one or more cars that are owned and operated by a profit or non-profit car-sharing organization, and where such organization may require that the use of cars be reserved in advance, charge fees based on time and/or kilometers driven, and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or may not be refundable; and
|
| (ii) | " car-share parking space" means a parking space exclusively reserved and signed for a car used only for car-share purposes.
|
|
| (R) | Despite Regulation 220.5.1(2) and Clause 220.5.10.1, loading spaces must be provided on the lot for residential and non-residential uses as follows:
|
|
| (i) | one (1) Type "G" loading space; and
|
| (ii) | one (1) Type "B" loading space.
|
|
| (S) | In addition to the requirements of Regulation (R) above, in the event that a grocery store or supermarket, having a gross floor area of 500 square metres or greater, forms part of the non-residential uses in the building, one (1) additional Type "B" loading space shall be provided on the lot.
|
| (T) | For the purpose of this Exception:
|
|
| (i) | " privately-owned publicly accessible open space" means a space on the lands situated at ground level, within the shaded area shown on Diagram 4 of By-law 1471-2017 that is accessible to the public, secured through appropriate legal agreements and may include pedestrian walkways, seating areas, landscaped plazas, and ornamental structures, and is used principally for the purposes of sitting, standing and other recreational uses, including the occasional use by the owner for special events as set out in Schedule A, Clause 3 of By-law 1471
-2017; and
|
| (ii) | privately-owned publicly accessible open space with a minimum area of 380 square metres shall be provided on the ground level within the shaded area shown on Diagram 4 of By-law 1471-2017.
|
|
| (U) | Despite Regulation 230.5.1.10(10), "short-term" bicycle parking spaces may be located in a stacked bicycle parking space.
|
| (V) | Despite Regulation 230.5.1.10(9)(B)(iii), required "long term" bicycle parking spaces for a dwelling unit may be located as follows:
|
|
| (i) | on levels of the building below-ground commencing with the first level below-ground and moving down, in one level increments when at least 20 percent of the area of that level is occupied by bicycle parking spaces, until all required bicycle parking spaces have been provided; and
|
| (ii) | all such bicycle parking spaces located below-ground must be accessible via an elevator to the ground floor.
|
|
| (W) | For the purpose of this Exception:
|
|
| (i) | " existing heritage buildings/structures" means that portion of the heritage building(s) located on the lot in the year 2017 as shown on
Diagram 3 of By-law 1471-2017 subject to alterations and additions in accordance with By-law 1471-2017; and
|
| (ii) | the building or structure on the lot shall include the existing heritage buildings/structures and the existing heritage buildings/structures
are retained in situ subject to such alterations as are permitted pursuant to a Heritage Easement Agreement or amending agreement thereto entered into between the owner and the City of Toronto and registered on title to such lands pursuant to Section 37 of the
Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended, together with any permit issued pursuant to Section 33 of the Ontario Heritage Act.
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|
| (X) | Notwithstanding any severance, partition or division of the lands, the provisions of this By-law shall apply to the whole of the lands as if no severance, partition or division had occurred.
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|
|
Prevailing By-laws and Prevailing Sections: None Apply
[ By-law: 1471-2017 Enacted ] |
| (15) | Exception CRE 15 |
| 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 25 Ontario Street and 280 King Street East , if the requirements of Section 8 and Schedule 'A' of By-law 1475-2017 are complied with, none of the provisions of 5.10.40.70(1) and (2), 50.5.40.10, 50.10.40.10, 50.10.40.60, 50.10.40.70, 50.10.40.80, 50.10.90.40, 200.15.1, 200.15.1.5, 230.5.1.10.(9), 600.10.10.(1), apply to prevent the erection or use of a non-residential building meeting the requirements of
(B) to (T) below;
|
| (B) | Height is measured from the Canadian Geodetic Datum elevation of 82.5 metres;
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| (C) | No portion of a building or structure may have a greater height in metres than the heights in metres specified by the numbers following the symbol HT and the number of storeys specified by the numbers following the symbol ST on Diagram 6 of By-law 1475-2017;
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| (D) | For the purposes of determining the number of storeys of the building permitted by (C) above, the following will not be considered a storey:
|
|
| (i) | one mezzanine floor level which is located above the first floor level above-ground, not exceeding 1,000 square metres in floor area, and used for no other purpose than storage, mechanical, electrical and the functional operation of the building; and
|
| (ii) | a maximum of two mechanical penthouse floor levels, which are to be the uppermost floor levels of the building, and are to be restricted in use to mechanical, electrical, heating, cooling and other areas dedicated to the functional operation of the building, with the exception that the lower of the two mechanical penthouse levels may have a maximum of 580 square metres of floor area comprising indoor amenity space that may include collaborative, venue and meeting spaces dedicated to the office uses;
|
|
| (E) | No portion of any building or structure erected or used above ground will be located otherwise than wholly within the heavy lines delineating the height areas on Diagram 6 of By-law 1475-2017;
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| (F) | Despite (C)above, structures used for window washing equipment may exceed the maximum height permitted in (C) by 6.5 metres;
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| (G) | Despite (C) above, structures used for elevator overruns, chimney stacks, vents and air intakes, communications equipment, lightning rods, parapets, green roof elements, railings, and screens may exceed the maximum height permitted in (C) by 3.0 metres;
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| (H) | Despite (E) above, eaves, cornices, window sills, wheel chair ramps, light fixtures, railings, awnings, window mullions, canopies, raised planters, fences, vents, green roof elements, screens, underground garage ramp and associated structures are permitted to project horizontally from the building beyond the heavy lines specified on Diagram 6 of By-law 1475-2017;
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| (I) | The maximum gross floor area must not exceed 43,650 square metres, of which all of the non-residential gross floor area from the second storey ascending upward through the building to the uppermost storey shall be restricted to office uses and ancillary uses to the office;
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| (J) | Despite 50.10.20, public parking is a permitted use;
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| (K) | Parking spaces must be provided on the lot in accordance with 200.5.10.1(1), with the exception that a maximum of 3 parking spaces
may be designated for the exclusive use of couriers and deliveries;
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| (L) | Despite 200.5.1.10(2), a maximum of 4 parking spaces may be obstructed on one side and have a minimum width of 2.60 metres;
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| (M) | Despite 200.5.1.10(2), a maximum of 4 parking spaces may have a minimum length of 5.35 metres;
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| (N) | The parking spaces required under (K) above may be provided within a public parking facility;
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| (O) | A minimum of 8 parking spaces provided under (K) above must be provided as accessible parking spaces and must:
|
|
| (i) | be located no more than 10 metres from a barrier-free passenger elevator that provides access to the first storey of the building, measured on a horizontal plane from the nearest point of the parking space;
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| (ii) | in the case of an accessible parking space which is perpendicular to a drive aisle, have a minimum unobstructed width of 3.9 metres, a
minimum length of 5.6 metres and a minimum vertical clearance of 2.1 metres; and
|
| (iii) | in the case of an accessible parking space which is parallel to a drive aisle, have a minimum unobstructed width of 3.9 metres, a minimum
length of 6.7 metres and a minimum vertical clearance of 2.1 metres;
|
|
| (P) | Despite 220.5.10.1, a minimum of two Type B loading spaces and two Type C loading spaces must be provided and maintained;
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| (Q) | Despite 230.5.10.1(1), a minimum of 90 short-term bicycle parking spaces and a minimum of 83 long-term bicycle parking spaces must be provided and maintained;
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| (R) | Despite 230.5.10.1(10), short-term bicycle parking spaces and long-term bicycle parking spaces may be located in a stacked bicycle parking space.
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| (S) | Despite 230.5.1.10(7)(C), a minimum of 1 shower and change facility must be provided for each gender; and
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| (T) | Despite any existing or future severance, partition or division of the lot as shown on Diagram 1 of By-law 1475-2017, the provisions of this by-law apply to the whole of the lot as if no severance, partition or division occurred.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1475-2017 ] |
| (16) | Exception CRE 16 |
| 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 93 and 95 Berkeley Street, and 112, 114, 116, 118, 120, 122 and 124 Parliament Street, if the requirements of Section and Schedule 'A' of By-law 1430-2017 are complied with, none of the provisions of 50.5.40.10(1), 50.5.40.10(6), 50.10.40.10(1), 50.10.40.10(2)(B), 50.10.40.10(2)(C), 50.10.40.10(2)(D), 50.10.40.30(1), 50.10.40.50(1), 50.10.40.70(1), 50.10.90.40(1)(A), 200.5.10.1(1), 220.5.10.1(5), and 900.12.10(23) apply to prevent the erection or use of a building, structure, addition or enlargement if the building or structure complies with the following;
|
| (B) | The maximum gross floor area is 20,680 square metres, of which:
|
|
| (i) | A maximum of 19,630 square metres of gross floor area may be used for residential uses; and
|
| (ii) | A maximum of 1,050 square metres of gross floor area may be used for non-residential uses, of which a minimum of 820 square metres of gross floor area must be for office uses;
|
|
| (C) | The whole of the building or structure must be located within the areas delineated by heavy lines shown on Diagram 2 of By-law 1430-2017;
|
| (D) | The height of a building or structure is measured from the Canadian Geodetic Datum elevation of 82.11 metres, and must not exceed the height in metres specified by the numbers following the symbol HT on Diagram 2 of By-law 1430-2017;
|
| (E) | The number of storeys in a building must not exceed the number following the symbol ST on Diagram 2 of By-law 1430-2017;
|
| (F) | Despite subsections (C) and (D) of this By-law, the following building elements and structures are permitted to project horizontally beyond the heavy lines and building envelopes other than a lot line, specified on Diagram 2 of By-law 1430-2017, subject to the following limitations:
|
|
| (i) | Eaves, cornices, window sills, landscape features, wheelchair ramps, light fixtures, stairs and stair enclosures, balustrades, guardrails, bollards – no limitations;
|
| (ii) | Awnings, canopies – a maximum of 3.0 metres beyond the exterior of the wall to which such awnings and canopies are attached;
|
| (iii) | Balconies – a maximum of 1.5 metres beyond the heavy lines shown on Diagram 2; and
|
| (iv) | Ornamental elements, architectural elements – a maximum of 1.6 metres beyond the heavy lines shown on Diagram 2;
|
| (v) | Ornamental elements, architectural elements – a maximum of 1.6 metres beyond the heavy lines shown on Diagram 2;
|
|
| (G) | Despite subsections (C) and (D) of this By-law, the following building elements and structures are permitted to extend vertically above the maximum heights and building envelopes specified on Diagram 2 of By-law 1430-2017, subject to the following limitations:
|
|
| (i) | Elements associated with a green roof – a maximum vertical projection of 0.5 metres above the heights shown on Diagram 2;
|
| (ii) | Railings – a maximum vertical projection of 1.2 metres above the heights shown on Diagram 2;
|
| (iii) | Fences, privacy screens – a maximum vertical projection of 2.5 metres above the heights shown on Diagram 2;
|
| (iv) | Vents, stacks, chimneys – a maximum vertical projection of 3.5 metres above the heights shown on Diagram 2;
|
| (v) | Parapets – a maximum vertical projection of 1.0 metres above the heights shown on Diagram 2; and
|
| (vi) | Structures used for outside or open air recreation, safety or wind protection purposes. Said structures shall not enclose space so as to constitute a form of penthouse or other room or rooms – a maximum vertical projection of 3.0 metres above the heights shown on Diagram 2;
|
|
| (H) | A minimum 990 square metres of amenity space must be provided and maintained on the lot with the following standards:
|
|
| (i) | 2.30 square metres of indoor amenity space for each dwelling unit;
|
| (ii) | 1.25 square metres of outdoor amenity space for each dwelling unit of which at least 40.0 square metres is to be provided in a location adjoining or directly accessible from the indoor amenity space; and
|
| (iii) | no more than 25 percent of the outdoor amenity space may be provided as a green roof;
|
|
| (I) | Parking spaces for residents on the lot must be provided and maintained in accordance with the following minimum standards:
|
|
| (i) | 0.3 parking spaces for each bachelor dwelling unit;
|
| (ii) | 0.5 parking spaces for each one bedroom dwelling unit;
|
| (iii) | 0.8 parking spaces for each two bedroom dwelling unit; and
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| (iv) | 1.0 parking spaces for each three or more bedroom dwelling unit;
|
|
| (J) | Parking spaces for residents on the lot may be reduced at a rate of 4 parking spaces for each car-share parking space provided on the lot, provided the maximum permitted reduction is calculated using the following formula: 4 x (total number of dwelling units ÷ 60), rounded down to the nearest whole number;
|
| (K) | In addition to subsection (J) of By-law 1430-2017, parking spaces for residents on the lot may be reduced at a rate of 1 parking space for each 5 bicycle parking spaces provided in excess of the minimum number of required bicycle parking spaces for the lot based on the standards contained in By-law 569-2013, provided the reduction is not greater than 20 percent of the total minimum parking spaces required in subsection (I) of By-law 1430-2017;
|
| (L) | A minimum of 3 car-share parking spaces must be provided on the lot;
|
| (M) | A minimum of 30 parking spaces for visitors to the dwelling units, and visitors and occupants of the non-residential uses must be provided and maintained on the lot, which may include car-share parking spaces;
|
| (N) | A minimum of one Type "G" loading space must be provided and maintained on the lot, and vehicle access to the loading space may be given from a street;
|
| (O) | Despite regulation 200.5.1.10(12)(B), the vehicle entrance or exit for a one-way driveway into or out of the building must have a minimum width of 3.3 metres;
|
| (P) | A temporary sales presentation centre may be permitted on the lot, and none of the other provisions of By-law 1430-2017 apply to such use;
|
| (Q) | Despite any future severance, partition or division of the lot as shown on Diagram 1, the provisions of By-law 1430-2017 applies as if no severance, partition or division occurred; and
|
| (R) | For the purposes of this exception, the terms set forth in bold type have the same meaning as in By-law 569-2013 as amended, except that the following terms also apply:
|
|
| (i) | "owner" means the registered owner of the lot;
|
| (ii) | "car-share motor vehicle" means a motor vehicle available for short-term rental, including an option for hourly rental, for the use of at least the occupants of the building erected on the lot;
|
| (iii) | "car-share parking space" means a parking space used exclusively for the parking of a car-share motor vehicle; and
|
| (iv) | "temporary sales presentation centre" shall mean an office, showroom or sales trailer used exclusively for the initial sale and/or initial leasing of dwelling units or non-residential units to be erected on the lot.
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1430-2017 ] |
| (17) | Exception CRE 17 |
| The lands or portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On the lands municipally known as 19 Duncan Street and 219-223 Adelaide Street West, shown as CRE (x17) on Diagram 2 to By-law 171-2018(OMB), if the requirements of By-law 171-2018 (OMB) are complied with, none of the provisions of Regulations 50.10.20.100(5), 50.10.40.30(1), 50.10.40.31(2), 50.10.90.40.(1) and (3), 200.5.1.10(12)(C), 200.15, 600.10, and 900.12.10(74), apply to prevent the erection or use of buildings or structures permitted in By-law 171-2018(OMB);
|
| (B) | In addition to the uses permitted by Regulation 50.10.20.10(1) and 50.10.20.20(1), public parking located below finished ground, car-share parking spaces, and shared bicycle parking are permitted;
|
| (C) | The total gross floor area, calculated in accordance with the provisions of 50.5.40.40, of all buildings and structures, excluding the gross floor area associated with public parking located below finished ground, must not exceed 45,000 square metres provided that:
|
|
| (i) | Exclusive of any gross floor area associated with a hotel use as described in subsection (ii) below, buildings and structures or portions thereof must be occupied by a minimum non-residential gross floor area of 14,750.0 square metres, of which a minimum gross floor area of 12,500.0 square metres shall be for office uses; and
|
| (ii) | Hotel suites and/or hotel rooms are permitted provided:
|
|
| (a) | The total number of such hotel suites and hotel rooms does not exceed 40; and
|
| (b) | The non-residential gross floor area used for hotel purposes must be located only commencing at or above a height of 41.0 metres above finished ground, save and except that such height restriction shall not apply to the associated hotel reception space;
|
|
|
| (D) | At least ten percent (10 Percent) of the total number of dwelling units must be three-bedroom dwelling units;
|
| (E) | At least twenty percent (20 Percent) of the total number of dwelling units must be two-bedroom dwelling units;
|
| (F) | Despite all of regulations 5.10.40.70(1) and (2), 50.10.40.60, 50.10.40.70(1), (4) and 5)(A), 50.10.40.71, and 50.10.40.80(3) no portion of any building or structure above finished ground is located other than wholly within the areas delineated by heavy lines on Diagrams 3a, 3b and 3c attached to By-law 171-2018(OMB) with the exception of the following:
|
|
| (i) | Public art, landscape features, wheel chair ramps, light fixtures, stairs and stair enclosures, guardrails, bollards, awnings, canopies, railings, fences, vents, shafts, stacks, chimneys, satellite dishes, retaining walls, underground garage ramp and its associated structures, and window washing equipment;
|
| (ii) | Eaves, cornices, window sills to a maximum projection of 0.3 metres beyond the heavy lines;
|
| (iii) | Architectural fins that project a maximum of 0.5 metres beyond the main wall of the building;
|
| (iv) | Balconies that project a maximum distance of 2.0 metres beyond the heavy lines shown on Diagram 3a, provided such balconies do not project over the portion of the building identified as "Existing Heritage Building" as shown on Diagram 3a; and
|
| (v) | The erection or use of the structures, elements and enclosures permitted by regulation G below;
|
|
| (G) | Despite all of regulations 50.5.40.10, and 50.10.40.10, the height of any building or structure, as measured from the Canadian Geodetic Datum elevation of 87.1 metres to the highest point of the building or structure, must not exceed the height in metres specified by the numbers following the symbol HT on Diagrams 3a, 3b and 3c of By-law 171-2018(OMB), except for:
|
|
| (i) | The erection or use of the structures, elements and enclosures permitted by regulation F above;
|
| (ii) | Parapets provided the maximum height of such elements is no higher than 0.5 metres above the 179.5 metre height limit specified on Diagram 3a of By-law 171-2018(OMB);
|
| (iii) | Privacy screens provided the maximum height of such elements is no higher than 3.0 metres above the height limits specified on Diagram 3a of By-law 171-2018(OMB);
|
| (iv) | Structures used for outside or open air recreation, safety or wind protection purposes, provided the height of such elements is no higher than 3.4 metres above the height limits specified on Diagram 3a of By-law 171-2018(OMB);
|
| (v) | Elements associated with a green roof, provided the height of such elements is no higher than 3.0 metres above the height limits specified on Diagram 3 of By-law 171-2018(OMB); and
|
| (vi) | Notwithstanding any provision of regulation F. above, or regulation G.(1). (3), (4) and (5), no permitted projections shall exceed a height of 179.5 metres;
|
|
| (H) | Despite any other provision of this By-law, that portion of the building or structure located above a height of 179.5 metres and identified as "Top of Elevator Room" on Diagram 3a of By-law 171-2018(OMB), must not exceed a height of 186.5 metres and must only be used for elevator overruns and associated machine rooms for such elevator overruns, service rooms, and emergency exiting stairs, and all such elements must in total not exceed a horizontal footprint area of 123 square metres;
|
| (I) | Despite any other provision of this By-law, that portion of the building subject to a height limit of 170.0 metres as shown with a solid black line on Diagram 3c and identified as "Top H = 170.0 metres" is only permitted provided no such portion of the building is located below 162.0 metres above finished ground;
|
| (J) | Despite any other provision of this By-law to the contrary, the exterior main wall of the level of the building located immediately above the portion of the building identified as "Existing Heritage Building" on Diagram 3a between a height of 22.2 metres above finished ground and 27.3 metres must be setback in accordance with the solid black line shown on Diagram 3b, and for the purposes of this subsection,
"Existing Heritage Building" means the heritage building existing on the lands on the date of the passing of this By-law, as shown on Map 3a, including as may be altered provide such alteration is in accordance with a Heritage Easement Agreement entered into between the City and the owner pursuant to Section 37 of the Ontario Heritage Act and registered to the satisfaction of the City;
|
| (K) | Despite regulation 50.10.40.50 amenity space must be provided on the lands for the use of residents of the building in accordance with the following:
|
|
| (i) | A minimum of 1.5 square metres of indoor amenity space per dwelling unit must be provided in a room or rooms, one of which shall contain a kitchen and a washroom;
|
| (ii) | Up to a maximum 40 percent of the indoor amenity space required in subsection (A) above may be located within the premises of a non-residential use or uses within the building, on or below finished ground level only, except for premises exclusively used as an eating establishment or retail store, and such portion of the indoor residential amenity space, may also be accessible to office users, visitors, guests, and patrons of the building;
|
| (iii) | A minimum of 1.5 square metres of outdoor amenity space per dwelling unit must be provided per dwelling unit of which a minimum of 40 square metres must be provided in a location directly accessible from an area containing indoor amenity space; and
|
| (iv) | Up to a maximum of 65 percent of the outdoor amenity space required in subsection (C) above may be located within the premises of a non-residential use or uses within the building, and such portion of the outdoor residential amenity space may also be accessible to office users, visitors, guests, and patrons of the building;
|
|
| (L) | Despite the definition of amenity space in regulation 800.50(15), amenity space must be available for use by occupants of a building for recreational or social activities and may also be available to guests and visitors of a building;
|
| (M) | Despite all of regulations 50.5.80.1 and 200.5.10, parking spaces shall be provided and maintained in accordance with the following minimum requirements:
|
|
| (i) | 0.1 parking spaces for each bachelor dwelling unit;
|
| (ii) | 0.15 parking spaces for each one-bedroom dwelling unit; and
|
| (iii) | 0.35 parking spaces for each two or more bedroom dwelling unit;
|
|
| (N) | Parking spaces for all other uses on the lands shall be provided at least in accordance with the minimum requirements in the following table: (See item (N) of By-law 171-2018(OMB).
|
| (O) | The minimum number of parking spaces as required in the table above is determined as follows:
|
|
| (i) | For each of the morning, afternoon and evening parking periods identified in the table above, the minimum number of parking spaces required for each use, is calculated using the respective parking space rate and occupancy rate;
|
| (ii) | The minimum number of parking spaces required for each parking period is the total of the parking spaces required for all uses during that parking period; and
|
| (iii) | The minimum number of parking spaces required is equal to the largest number of parking spaces required for any parking period;
|
|
| (P) | Despite subsection (O) above, parking spaces are not required for non-residential uses located in a portion of the building the floor level of which is located at or below 2.5 metres above ground level;
|
| (Q) | The parking spaces required pursuant to subsections (M) above may be provided on a non-exclusive basis on Level P2 and/or below in an underground parking garage, and may be provided in a public parking use that may or may not be ancillary to a permitted use on the lands;
|
| (R) | Despite regulation 200.15 or any other provision of By-law 569-2013, as amended from time to time, a minimum of six (6) parking spaces on the lands must be provided as accessible parking spaces as follows:
|
|
| (i) | Each accessible parking space must have the following minimum dimensions:
|
|
| (a) | Length of 5.6 metres;
|
| (b) | Width of 3.9 metres; and
|
| (c) | Vertical clearance of 2.1 metres;
|
|
| (ii) | An accessible barrier free aisle or path is not required along the length of an accessible parking space; and
|
| (iii) | An accessible parking space must be located within 15.0 metres of an entrance to an elevator lobby with one or more passenger elevator(s) that provide access to the first storey of the building;
|
|
| (S) | Parking spaces must be provided and maintained in accordance with the requirements of regulation 200.5.1.10 of By-law 569-2013, as amended, with the exception of the following:
|
|
| (i) | That up to a maximum of thirteen (13) obstructed parking spaces may be provided with a minimum width of 2.6 metres notwithstanding the requirements of 200.5.1.10(2)(A)(iv); and
|
| (ii) | That up to a maximum of nineteen (19) obstructed parking spaces may be provided with a minimum width of 2.6 metres and a minimum length of 5.3 metres notwithstanding the requirements of 200.5.1.10(2)(A)(i) and (iv);
|
|
| (T) | Car-share parking spaces are permitted, and for the purpose of this subsection:
"Car-share" means the practice whereby a number of people share the use of one or more motor vehicles and such car-share motor vehicles are made available to at least the occupants of the building for short-term rental, including hourly rental; and
A "car-share parking space" means a parking space exclusively reserved and signed for a car used only for car-share purposes;
|
| (U) | Despite regulation 220.5.10 a minimum of one loading space – type G, and two loading spaces – type C must be provided and maintained on the lands in accordance with the requirements of 220.5.1.10(8) and 220.5.20.1;
|
| (V) | Despite regulation 230.5.1.10(9), where located within a building bicycle parking spaces must be located below ground;
|
| (W) | Despite regulations 230.5.1.10(10) and 230.50.1.20(1) "short-term" bicycle parking spaces may be located in a stacked bicycle parking space;
|
| (X) | A maximum of twelve (12) bicycle-share parking spaces are permitted, and for the purpose of this subsection, bicycle-share parking spaces means:
"bicycle-share" means the practice whereby a number of people share the use of one or more bicycles that are owned by a profit or non-profit bicycle-sharing organization and such bicycle-share bicycles are made available to at least the occupants of the building for short-term rental, including hourly rental; and
a "bicycle-share parking space" means a parking space exclusively reserved and signed for a bicycle used only for bicycle-share purposes;
|
| (Y) | Despite any existing or future severance, partition, or division of the lands shown as CRE (x17) on Diagram 2 of By-law 171-2018(OMB), the provisions of this Exception and By-law 569-2013 shall apply to the whole of the lands as one lot as if no severance, partition or division had occurred.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 171-2018 (OMB) ] |
| (18) | Exception CRE 18 |
| 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 502 Adelaide Street West and 119-123 Portland Street, if the requirements in By-law 1189-2019 are complied with, then a building or structure may be constructed in compliance with (B) to (R) below;
|
| (B) | Despite Regulation 50.5.40.10(1), the height of the building is the distance between the Canadian Geodetic Datum elevation of 89.2 metres and the elevation of the highest point of the building;
|
| (C) | Despite Regulation 50.10.40.10(1) the height of any building or structure on the lands must not exceed the maximum height in metres specified by the numbers following the symbol H as shown on Diagram 3 of By-law 1189-2019;
|
| (D) | Despite subsection (C) and Regulation 50.5.40.10(3), (4), (5), (6) and (7) the only elements permitted to project vertically beyond the height limits specified on Diagram 3 of By-law 1189-2019 are the following:
|
|
| (i) | eaves, cornices, parapets, guardrails, balcony guards, railings, or balustrades to a maximum of 1.5 metres;
|
| (ii) | balcony dividers to a maximum of 2.0 metres;
|
| (iii) | window washing equipment;
|
| (iv) | chimneys, vents ventilation shafts, lighting, lighting rods to a maximum of 1.5 metres;
|
| (v) | green roof elements and landscape features within "Area A" as shown on Diagram 3 of By-law 1189-2019 to a maximum of 1.5 metres; and
|
| (vi) | pergolas, awnings, and windscreens only within "Area A" as shown on Diagram 3 of By-law 1189-2019 to a maximum of 3.0 metres and must be set back a minimum of 2.5 metres from the building envelope of "Area A";
|
|
| (E) | Despite Clause 50.10.40.70 the required minimum building setbacks are shown on Diagram 3 of By-law 1189-2019;
|
| (F) | Despite subsection (E) and Regulation 50.10.40.70, 50.5.40.60(1) and 50.10.40.60, the following may encroach into the required minimum building setbacks in Diagram 3 of By-law 1189-2019:
|
|
| (i) | eaves, cornices, window frames or sills, light fixtures, railings, trellises, balustrades, vent caps, wheelchair ramps, outdoor fireplaces, and landscape features;
|
|
| (G) | Regulation 50.10.40.80(3), with respect to distance between windows of buildings in King-Spadina does not apply;
|
| (H) | The total combined gross floor area of all buildings and structures, must not exceed 9,800.0 square metres, of which:
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|
| (i) | the total gross floor area for uses listed in regulations 50.10.20.10 (1) (B) and 50.10.20.20 (1) (B) must not exceed 9,500.0 square metres;
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| (ii) | the total gross floor area for uses listed in regulations 50.10.20.10 (1) (A) and 50.10.20.20 (1) (A) must not exceed 300.0square metres; and
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| (iii) | the uses listed in regulation 50.10.20.10 (1) (C) and 50.10.20. 20 (1) (C) are not permitted;
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| (I) | Any applications under Section 34 and/or Section 45 of the Planning Act seeking further increases to the gross floor area so that the total combined gross floor area for the lands is greater than 10,000.0 square metres will be subject to a community benefit contribution as per Section 37 of the Planning Act;
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| (J) | A maximum of 123 dwelling units are permitted on the lands;
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| (K) | A minimum of 20 percent of all dwelling units provided on the lands must have 3-bedrooms;
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| (L) | Despite regulation 50.10.40.50(1), amenity space must be provided at a minimum rate of 4.0 square metres of indoor and outdoor amenity space in total per dwelling unit, of which:
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| (i) | a minimum of 200 square metres of outdoor amenity space must be provided and located either adjoining or directly accessible to the indoor amenity space, which may include outdoor amenity space located one level above the indoor amenity space that is directly accessible by a stairwell and elevator;
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| (M) | Despite the parking rates in Table 200.5.10.1 and Regulation 200.5.10.1 (1)(2)(7) parking spaces on the lands must be provided as follows:
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| (i) | a minimum of 24 parking spaces for residents;
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| (ii) | a minimum of 8 parking spaces for visitors; and
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| (iii) | no parking spaces are required for the non-residential uses;
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| (N) | Despite regulation 200.5.1.10(2) a parking space, with or without a fixed object within 0.3 metres of the side of the parking space, may have the following minimum dimensions:
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| (i) | length of 5.6 metres;
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| (ii) | width of 2.6 metres; and
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| (iii) | vertical clearance of 2.0 metres;
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| (O) | Despite regulation 220.5.10 one Type "G" loading space must be provided on the lands;
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| (P) | Despite regulation 200.5.10.1(1) and (5) bicycle parking spaces for all dwelling units must be provided and maintained on the lands in accordance with the following:
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| (i) | a minimum of 0.9 long-term bicycle parking spaces must be provided within first storey or the first level of the building below-ground for every dwelling unit on the lands; and
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| (ii) | a minimum of 0.1 short-term bicycle parking spaces must be provided within first storey or the first level of the building below-ground for every dwelling unit on the lands;
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| (Q) | Section 600.10, with respect to tall building regulations in the Downtown does not apply;
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| (R) | Despite regulation 50.5.40.40(3) the gross floor area of a mixed use building is also reduced by the area in the building used for:
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| (i) | a room or enclosed area, including its enclosing walls within the building or structure above or below-ground that is used exclusively for the accommodation of heating, cooling, ventilating, electrical, mechanical (other than escalators) or telecommunications equipment that serves the building; and
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| (ii) | exit stairs in the building or structure.
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 12(2) 270 of former City of Toronto By-law 438-86. [ By-law: 1189-2019 ]
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| (19) | Exception CRE 19 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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|
Site Specific Provisions: |
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| (A) | On 495-517 Wellington Street West and 510-532 Front Street West, if the requirements of Section 5 and Schedule A of By-law 593-2019, are complied with, regulation 50.10.40.10(1) does not apply to prevent the erection or use of buildings or structures permitted in compliance with (B) to (M) below;
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| (B) | Despite regulations 50.5.40.10(1) and (2), the height of a building or structure is measured as the vertical distance between the Canadian Geodetic Datum elevation of 84.50 metres, and the highest point of the building or structure;
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| (C) | Despite regulations 50.5.40.10(1), (2) and (4) and 50.10.40.10(3) no portion of any building or structure, is to have a height greater than the height in metres specified by the number following the HT symbol as shown on Diagram 3 attached to and forming part of By-law 593-2019, except that:
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| (i) | Excluding, parapets, screens, stairs, roof drainage, window washing equipment, mechanical equipment and screening thereof, lightning rods, architectural features, landscaping and elements of a green roof, which shall be in accordance with regulation 50.5.40.10(4) and (5); and
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| (ii) | No projections above the height in metres specified by the number following the HT symbol as shown on Diagram 3 are permitted in the hashed areas shown as 'No Projection Zone' on Diagram 3;
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| (D) | Despite regulations 50.10.40.70(1), (2), (4) and (5), 50.10.40.1(1), 50.5.40.10(5), 50.5.40.60(1) and 50.10.40.60(2) all portions of a building or structure above ground must be located within the areas delineated by heavy lines on Diagram 4 attached to and forming part of By-law 593-2019, except that cornices, light fixtures, ornamental elements, parapets, art and landscape features, patios, decks, trellises, terraces, eaves, ventilation shafts, guardrails, balustrades, railings, stairs, stair enclosures, doors, wheelchair ramps, fences, screens, site servicing features, awnings and canopies, and associated structures may extend beyond the heavy lines in accordance with regulations 50.10.40.60 shown on Diagram 4;
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| (E) | For each 10,000 square metres, or part thereof, of gross floor area of any buildings on the lot, with the exception of the existing heritage buildings as identified on Diagram 4 attached to and forming part of By-law 593-2019, a minimum of 9000 square metres of office gross floor area must be provided up to a minimum of 38,000 square metres of total office use gross floor area for the lot;
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| (F) | The pedestrian easement space and privately-owned publically-accessible spaces provided on the ground floor must have a minimum unobstructed height above grade specified by the numbers following the symbol HT, shown on Diagram 4 of By-law 593-2019, with the exception of: structural elements, architectural features; public art elements; window washing equipment; light fixtures; sprinkler heads and signage and where no minimum clear height is specified, the pedestrian easement space and publically accessible space is to be unobstructed and open to the sky;
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| (G) | Despite regulation 200.5.1.10(2), up to a maximum of 30 parking spaces, up to but not in excess of the maximum permitted parking spaces on the lot, may have the following minimum dimensions: 2.4 metres width, 5.6 metres length and 2.0 metres height. All other parking spaces required by regulation 200.5.10.1 shall be in accordance with regulation 200.5.1.10(2);
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| (H) | Despite regulations 230.5.1.10(9), 230.5.10.1, Table 230.5.10.1(1) and 230.40.1.20(2) a minimum of 211 bicycle parking spaces allocated for commercial uses and all visitors must be provided and maintained on the lot, and may be provided below grade;
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| (I) | Bicycle parking spaces may be provided as stacked bicycle parking spaces, or as vertical bicycle parking spaces;
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| (J) | Despite regulation 220.5.10.1 and 220.5.1(2) two loading spaces – type B, and three (3) loading spaces – type C, must be provided and maintained on the lot;
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| (K) | Section 600.10 Building Setback Overlay District Map, does not apply;
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| (L) | No less than two (2) privately-owned publicly-accessible open spaces (POPS) with a combined minimum area of 405 square metres must be provided on the ground level within the hatched area shown on Diagram 5 attached to and forming part of this By-law; and
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| (M) | Prevailing By-law Section 12(2)260 of former City of Toronto By-law 438-86 does not apply.
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Prevailing By-laws and Prevailing Sections: |
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| (A) | 12(2)270 of former City of Toronto By-law 438-86. [ By-law: 593-2019 ]
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| (21) | Exception CRE (x21) |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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|
Site Specific Provisions: |
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| (A) | On 8-30 Widmer Street, if the requirements of Section 5 and Schedule A of By-law 75-2019(LPAT) are complied with, none of the provisions of 50.10.40.1(2) and (4), 50.10.40.80(1), 150.5.20.1(1) (A)-(D), (2) and (6), 600.10 , apply to prevent the erection or use of buildings or structures on the lands if in compliance with regulations (B) to (R);
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| (B) | In addition to the uses permitted by Regulations 50.10.20.10(1) and 50.10.20.20(1), the following uses are also permitted:
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| (i) | One (1) home occupation is permitted within each of the six (6) existing heritage townhouse dwelling units identified as "existing heritage townhouse dwelling unit" on Diagram 3 of By-law 75-2019(LPAT); and
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| (ii) | Public parking is permitted within the below grade parking garage;
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| (C) | The total gross floor area of buildings and structures must not exceed a maximum of 62,000 square metres, of which:
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| (i) | Buildings and structures or portions thereof, occupied by residential uses must not exceed a gross floor area of 45,500 square metres, including the gross floor area of the existing heritage townhouse dwelling units, identified as "existing heritage townhouse dwelling unit" on Diagram 3 of By-law 75-2019(LPAT); and
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| (ii) | Buildings and structures or portions thereof, occupied by non-residential uses must not exceed a gross floor area of 16,500 square metres, which excludes the gross floor area associated with the public parking use;
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| (D) | The maximum number of dwelling units is 665 and is allocated as follows:
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| (i) | A maximum of 225 dwelling units in Tower 1, identified as Tower 1 on Diagram 3 of By-law 75-2019(LPAT);
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| (ii) | A maximum of 434 dwelling units in Tower 2 identified as Tower 2 on Diagram 3 of By-law 75-2019(LPAT); and
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| (iii) | A maximum of one dwelling unit in each of the existing heritage townhouses, identified as "existing heritage townhouse dwelling unit" on Diagram 3 of By-law 75-2019(LPAT);
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| (E) | Despite regulations (D) above and (L) below, a guest suite is not a dwelling unit for the purposes of determining the total number of permitted dwelling units and the calculation of amenity space;
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| (F) | At least ten percent (10 percent) of the total number of dwelling units in Tower 1, identified as Tower 1 on Diagram 3 of By-law 75-2019(LPAT), must have three (3) bedrooms;
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| (G) | At least fifteen percent (15 percent) of the total number of dwelling units in Tower 2, identified as Tower 2 on Diagram 3 of By-law 75-2019(LPAT), must have three (3) bedrooms;
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| (H) | At least forty percent (40 percent) of the total number of dwelling units in Tower 2, identified as Tower 2 on Diagram 3 of By-law 75-2019(LPAT), must have two (2) bedrooms;
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| (I) | Despite all of regulations 50.10.40.60, 50.5.40.70(1)(A), 50.10.40.70 and 50.10.40.80(3) no portion of any building or structure above finished ground is located other than wholly within the areas delineated by heavy lines on Diagram 3 By-law 75-2019(LPAT) with the exception of the following:
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| (i) | Lighting fixtures, cornices, sills, eaves, canopies, parapets, and window washing equipment attached to a building or structure may project a maximum distance of 3.0 metres beyond the heavy lines shown on Diagram 3;
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| (ii) | Lighting fixtures, railings, privacy screens, balustrades, bollards, stairs and related enclosures, safety railings, wind mitigation elements, trellises, guards, guardrails, wheel chair ramps, air intakes and vents, ventilating equipment, bike share facilities, ornamental or architectural features, including planters, green energy and renewable energy elements, and art installations may be located at ground level beyond the heavy lines shown on Diagram 3, in accordance with the height limits set out in Section (J) of this exception;
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| (iii) | Balconies on the north main wall of Tower 1, identified as Tower 1 on Diagram 3 of By-law 75-2019(LPAT), may project a maximum distance of 1.8 metres beyond the heavy lines shown on Diagram 3;
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| (iv) | Balconies on the south main wall of Tower 2, identified as Tower 2 on Diagram 3 of By-law 75-2019(LPAT), may project a maximum distance of 1.8 metres beyond the heavy lines shown on Diagram 3;
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| (v) | Architectural fins on the podium portions of Tower 1 and Tower 2 identified as Tower 1 and Tower 2 on Diagram 3 of By-law 75-2019(LPAT), which are vertical, ornamental elements that are attached to and project from the main walls of the buildings and have a maximum width of 0.50 metres, may project a maximum of 0.3 metres beyond the heavy lines, including the dashed line fronting Adelaide Street East at the Ground Level, shown on Diagram 3; and
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| (vi) | Structures, elements and enclosures permitted by regulation (J) below;
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| (J) | Despite all of regulations 50.5.40.10 and 50.10.40.10(1) and (3), the height of each portion of a building or structure is measured as the vertical distance between Canadian Geodetic Datum elevation of 87.15 metres and the highest point of the building or structure and must not exceed the height in metres as specified by the numbers following the symbol H as shown on Diagram 3 of By-law 75-2019(LPAT) except for the following projections:
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| (i) | Structures, elements and enclosures permitted by regulation (I) above;
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| (ii) | Parapets provided the maximum height of such elements are no higher than 1.5 metres above the portion of the building to which they are attached;
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| (iii) | Canopies provided the maximum height of such elements is no higher than 4.0 metres above ground level;
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| (iv) | Window washing equipment provided the maximum height of such elements is no higher than 2.5 metres above the portion of the building to it is attached;
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| (v) | Structures used for outdoor amenity space or open air recreation, wind screens, privacy screens or vestibules providing access to outdoor amenity space provided the maximum height of such elements is no higher than 1.8 metres above the height limits specified on Diagram 3;
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| (vi) | Structures on any roof used for maintenance, safety, or green roof purposes, chimneys, vents, stacks, shafts, mechanical fans, elevators, elevator machine rooms, and related structural elements, or associated with green energy and renewable energy facilities provided the maximum height of such elements is no higher than 2.5 metres above the height limits specified on Diagram 3;
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| (vii) | Structures at ground level, including bollards, guards, guardrails, wheel chair ramps, green energy and renewable energy facilities, air intakes and vents, and ventilating equipment provided the maximum height of such elements is no higher than 1.2 metres above ground level;
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| (viii) | Structures at ground level, including railings, privacy screens, balustrades, stairs and related enclosures, fences, bike share facilities, and safety railings, provided the maximum height of such elements is no higher than 2.0 metres above ground level;
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| (ix) | Structures at ground level, including lighting fixtures, ornamental or architectural features, wind mitigation elements, trellises, landscape features, including planters, and art installations provided the maximum height of such elements is no higher than 4.0 metres above ground level; and
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| (x) | On the podium portions of Tower 1 and Tower 2, as identified as Tower 1 and Tower 2 on Diagram 3 of By-law 75-2019(LPAT), architectural fins, which are vertical, ornamental elements that are attached to and project from the main walls of the buildings, and have a maximum width of 0.50 metres, are permitted if the top of the architectural fin is no higher than 1.5 metres above that portion of the building to which it is attached;
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| (K) | Despite regulation 50.10.40.50, amenity space must be provided in accordance with the following:
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| (i) | A minimum of 1.00 square metres per dwelling unit of indoor amenity space must be provided in a multi-purpose room or rooms that collectively contain an kitchen and a washroom; and
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| (ii) | A minimum of 1.00 square metres per dwelling unit of outdoor amenity space shall be provided of which at least 40 square metres of outdoor amenity space must be provided in a location directly accessible from an area containing indoor amenity space, and of which up to 25 percent may be green roof area;
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| (L) | Despite regulations 200.5.10.1(1) and (5), parking spaces must be provided in accordance with the following:
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| (i) | 0.17 parking spaces for each dwelling unit for residents;
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| (ii) | 0.06 parking spaces for each dwelling unit for residential visitors; and
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| (iii) | A minimum of 18 parking spaces must be provided and maintained for the hotel, of which at least one (1) such parking space must be designated only for use by a taxi;
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| (M) | Despite regulation (M) above, parking spaces are not required to be provided for the six (6) existing heritage townhouse dwelling units identified as "existing heritage townhouse dwelling unit" on Diagram 3 of By-law 75-2019(LPAT);
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| (N) | Despite regulation 50.5.80.1, the parking spaces required by regulation 0(ii) and (iii) above, may be provided within a public parking use on the lands;
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| (O) | Despite regulation200.5.1.10(2), a maximum of 10 percent of the total number of parking spaces provided and maintained in a parking garage may have the following dimensions, with or without a fixed object or obstruction within 0.30 metres of the side of the parking space:
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|
| (i) | Length: 5.4 metres;
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| (ii) | Width: 2.4 metres; and
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| (iii) | Height: 1.80 metres;
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| (P) | Despite regulation 200.15.1(4), an accessible parking space must be located within 17.0 metres of an entrance to an elevator lobby with one or more passenger elevator(s) that provide access to the first storey of the building;
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| (Q) | Despite clause 220.5.10.1, loading spaces must be provided and maintained on the lands as follows:
|
|
| (i) | One (1) type "G" loading space;
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| (ii) | One (1) type "B" loading space; and
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| (iii) | One (1) type "C" loading space; and
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| (R) | Despite any existing or future severance, partition, or division of the lands shown as CRE (x21) on Diagram 3 of By-law 75-2019(LPAT), the provisions of this Exception and By-law 569-2013 shall apply to the whole of the lands as one lot as if no severance, partition or division had occurred.
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|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 75-2019(LPAT) ] |
| (22) | Exception CRE 22 |
| 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 the lands municipally known as 543-553 Richmond Street West, if the requirements of Section 5 and Schedule A of By-law 1615-2019(LPAT) are complied with, none of the provisions of regulations 50.10.40.30(1), 50.10.40.80 (1) to (3), 50.10.90.40.(1), 200.15.1.5(1), 600.10 and 600.10.10 apply to prevent the erection or use of a building, structure, addition or enlargement permitted in compliance with the following:
|
| (B) | Despite regulation 50.5.40.40, the total gross floor area of all buildings and structures on the lot must not exceed 37, 500 square metres and:
|
|
| (i) | the residential gross floor area must not exceed 35,750 square metres; and
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| (ii) | the non-residential gross floor area must not exceed 1,750 square metres;
|
|
| (C) | The maximum number of dwelling units is 485;
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| (D) | Height is measured from the Canadian Geodetic Datum elevation of 90.42 metres;
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| (E) | A minimum of 10 percent of the dwelling units must be 3-bedroom units;
|
| (F) | Despite regulation 50.10.40.10(1), no portion of a building or structure on the lot may have a height greater than the height limits specified by the numbers in metres following the symbol H on Diagram 3 of By-law 1615-2019(LPAT);
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| (G) | Despite regulation 50.5.40.10 and (F) above, the following elements of a building may exceed the maximum permitted height as follows:
|
|
| (i) | 2.0 metres for parapets, terrace or balcony guardrails, balustrades, dividers or railings, trellises, privacy screens, roof access hatch, window washing equipment, lightning rods, garbage chute overruns, elements of a green roof, light fixtures, structures located on the roof used for outside or open air recreation, safety or wind protection purposes;
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| (ii) | 0.5 metres above the height of the mechanical penthouse for elements of a roof assembly, elements of a green roof and parapets; and
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| (iii) | 1.1 metres above the height of the mechanical penthouse for an elevator overrun;
|
|
| (H) | Despite regulations 50.10.40.70(1) and 50.10.40.60, no portion of any building or structure erected above the Canadian Geodetic Datum elevation of 90.42 metres is located otherwise than wholly within the areas shown on Diagram 3 of By-law 1615-2019(LPAT);
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| (I) | Despite (H) above, the following elements of a building may encroach into a required building setback as follows to a maximum of:
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|
| (i) | 0.5 metres for cornices, eaves, light fixtures, window sills, ventilation shafts, balustrades, railings, stair enclosures, stairs, planters, screens, underground garage ramp and associated structures, retaining walls, stairs and stair enclosures, wheel chair ramps and which may project to a maximum of 0.5 metres;
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| (ii) | 2.0 metres for balconies and terraces; and
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| (iii) | 3.0 metres for canopies;
|
|
| (J) | Despite regulation 200.5.10.1, parking spaces for residential and non-residential uses on the lot must be provided and maintained in accordance with the following:
|
|
| (i) | a minimum of 0.36 parking spaces for each dwelling unit for residents;
|
| (ii) | a minimum of 0.08 parking spaces for each dwelling unit for residential visitors; and
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| (iii) | no parking spaces are required for non-residential uses;
|
|
| (K) | Despite regulation 200.15.10, a minimum of 8 accessible parking spaces must be provided;
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| (L) | Despite regulation 230.5.10.1, all indoor bicycle parking spaces must be limited to the ground floor and P1 level of the building;
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| (M) | Despite regulation 230.5.1.10(4)(C), staked bicycle parking spaces staked horizontally must have the following minimum dimensions:
|
|
| (i) | a minimum width of 0.6 metres;
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| (ii) | a minimum length of 1.8 metres; and
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| (iii) | a minimum vertical clearance of 1.2 metres;
|
|
| (N) | Despite regulation 220.5.10.1, a minimum of one Type "G" loading space, one Type "B" loading space, and one Type "C" loading space must be provided and maintained on the lot;
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| (O) | Despite any existing or future severance, partition, or division of the lot, shown on Diagram 2 of By-law 1615-2019(LPAT), the provisions of this By-law applies to the whole lot as if no severance, partition or division occurred;
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1615-2019(LPAT) ] |
| (23) | Exception CRE 23 |
| 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 the lands, no building or structure is exceed a height of 12.0 metres within a distance of 12.0 metres from a lot line that abuts Berkeley St.; and [TO: 438-86; 12 (2) 94];
|
| (B) | On the lands, personal service shop, financial institution, post office, service shop, clinic, day nursery, sports place of assembly are not permitted uses, if the floor space index of such uses exceeds 2.0. [TO: 438-86; 12 (2) 97];
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 270 of former City of Toronto By-law 438-86.
|
|
| (24) | Exception CRE 24 |
| 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 452-458 Richmond Street West, if the requirements of Clause 5 and Schedule A of By-law 1008-2020(LPAT) are complied with, clause 50.10.40.10 does not apply to prevent the erection or use of a building or structure, addition, or enlargement permitted in compliance with (B) to (P) below;
|
| (B) | Despite Regulation 50.5.40.10(1), height is measured from the Canadian Geodetic Datum elevation of 90.95 metres and the elevation of the highest point of the building;
|
| (C) | Despite Clause 50.5.40.10, no portion of any building or structure can exceed those heights in metres above ground as indicated by numbers following the letters HT on Diagram 3 of By-law 1008-2020(LPAT) excluding the following:
|
|
| (i) | awnings, building cornices, lighting fixtures, ornamental elements, lightning rods, trellises, eaves, window sills, guardrails, balustrades, railings, balconies, terraces, stairs, stair enclosures, wheel chair ramps, landscape and green roof elements, partitions dividing outdoor recreation areas, wind mitigation and public art elements, air intakes, vents and ventilating equipment, chimney stacks, exhaust flues and garbage chute overruns may be a maximum of 2.1 metres;
|
| (ii) | window washing equipment may exceed the maximum height by 3 metres;
|
| (iii) | parapets, roof finishes, roof assembly, landscape and green roof elements may exceed the maximum height by 1.2 metres; and
|
| (iv) | no balconies are permitted above a height of 39 metres within the area shown as Balcony Zone A on Diagram 3 of By-law 1008-2020(LPAT).
|
|
| (D) | Despite Clauses 50.10.40.60, 50.10.40.70 and 50.10.40.80 no portion of any building or structure above-ground is located other than wholly within the areas delineated by heavy lines on Diagram 3 of By-law 1008-2020(LPAT) with exception of the following:
|
|
| (i) | awnings, building cornices, window washing equipment, lighting fixtures, ornamental elements, parapets, roof finishes, roof assembly, trellises, eaves, window sills, terraces, stairs, stair enclosures, wheel chair ramps, partitions dividing outdoor recreation areas, wind mitigation, air intakes, vents and ventilating equipment and exhaust flues;
|
| (ii) | canopies may have a depth of 1.5 metres; and
|
| (iii) | guardrails, balustrades, railings, balconies may have a depth of 2.1 metres.
|
|
| (E) | The permitted maximum gross floor area is 7,650 square metres, of which:
|
|
| (i) | a maximum of 7,250 square metres of gross floor area is for residential uses; and
|
| (ii) | a maximum of 430 square metres of gross floor area is for non-residential uses.
|
|
| (F) | Despite Regulation 50.10.40.50(1), amenity space must be provided in accordance with the following:
|
|
| (i) | a minimum of 260 square metres of indoor amenity space must be located in a multi-purpose room or rooms, at least one of which contains a kitchen and a washroom and may include a guest suite; and
|
| (ii) | a minimum of 75 square metres of outdoor amenity space;
|
|
| (G) | Despite Regulations 200.5.10.1(1) and (6), parking spaces must be provided in accordance with the following:
|
|
| (i) | A minimum of two parking spaces for residents of the mixed-use building;
|
| (ii) | A minimum of one parking space to be used for car share must be provided; and
|
| (iii) | A minimum of one short-term delivery/service vehicle parking space must be provided.
|
|
| (H) | Despite Clause 200.5.10.1, parking spaces are not required for non-residential uses or visitors to the residential uses.
|
| (I) | Despite Section 200.15, accessible parking spaces are not required.
|
| (J) | Despite Regulations 200.5.1.10(2)(B) (i), (ii) and (iii) and (D), the minimum dimensions of a parking space, except for a parking space used for car-share are:
|
|
| (i) | Length 5.6 metres;
|
| (ii) | Height 2.0 metres; and
|
| (iii) | Width 2.6 metres.
|
|
| (K) | Despite Regulations 200.5.1.10(2)(B) (i), (ii) and (iii) and (D), the minimum dimensions of a parking space used for car-share are:
|
|
| (i) | Length 5.2 metres
|
| (ii) | Height 2.0 metres; and
|
| (iii) | Width 2.6 metres.
|
|
| (L) | Despite Regulation 230.5.10.1(1) and 230.5.10.1(5), a minimum of 127 bicycle parking spaces must be provided in accordance with the following:
|
|
| (i) | A minimum of 14 short-term bicycle parking spaces for visitors to the dwelling units;
|
| (ii) | A minimum of 113 long-term bicycle parking spaces for occupants of the dwelling units and may be located at grade or on the lower levels; and
|
| (iii) | Both long-term bicycle parking spaces and short-term bicycle parking spaces may be located in stacked bicycle parking spaces.
|
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| (M) | Despite Regulation 220.5.10.1, one Type C loading space is required.
|
| (N) | Despite Regulation 230.50.10.20(1) a bicycle parking space for a dwelling unit may be located in a storage locker.
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| (O) | Section 600.10, with respect to tall building setbacks, does not apply.
|
| (P) | Despite Regulation 230.5.1.10(9)(B)(iii), respecting the location of bicycle parking spaces for a dwelling unit, does not apply.
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2)270 of former City of Toronto By-law 438-86 [ By-law: 1008-2020(LPAT) ]
|
|
| (25) | Exception CRE 25 |
| 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 known municipally as 489, 495, 499, 511, 519-529 and 539 King Street West if the requirements of Section (10) and Schedule (A) of By-law 366-2020(LPAT)are complied with, buildings or structures may be erected or constructed in compliance with regulation (B) to (T) below;
|
| (B) | The lot comprises at least the land outlined by heavy lines on attached Diagram 1 of By-law 366-2020(LPAT);
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| (C) | In addition to the uses permitted by Regulation 50.10.20.10(1) and 50.10.20.20(1), public parking is permitted if it is entirely below ground;
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| (D) | On the portion of the lot shown in shaded on attached Diagram 6 of By-law 366-2020(LPAT), the following uses are permitted: retail store, stand-alone outdoor sales and display, eating establishment and take-out easting establishment;
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| (E) | The total permitted gross floor area of all buildings and structures is 60,000 square metres of which a maximum of 40,000 square metres may be used for residential uses calculated in accordance with the provisions of 50.5.40.40 (3), excluding the gross floor area associated with the public parking located below ground;
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| (F) | At least 20 percent of all dwelling units on the lot must have two or more bedrooms, and at least 10 percent of all dwelling units must have three or more bedroom;
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| (G) | Despite 50.5.40.10 (1) and (2), height is measured from the Canadian Geodetic Datum elevation of 87.18 metres to the highest point of the building or structure;
|
| (H) | Despite 50.10.20.100(41) stand-alone outdoor sales and display is permitted;
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| (I) | Despite 50.10.40.10(1) no part of any building or structure on the lot may have a height greater than the height in metres specified by the number following the symbol HT measured to the top of each storey as identified in Diagrams 7-23 of By-law 366-2020(LPAT);
|
| (J) | Despite (G) above and 50.5.40.10(3) to (7) the following elements of a building may exceed the maximum height as follows:
|
|
| (i) | cornices, parapets, lighting fixtures, ornamental elements, chimneys, vents, stacks, railings, stairs, stair enclosures, planters, elements or structures used for outside or open air recreation, safety or wind protection purposes, terrace and balcony railings and dividers, elements of a green roof, cooling towers and lightning rods to a maximum of 3.5 metres;
|
| (ii) | window washing equipment and building maintenance equipment to a maximum of 6.0 metres;
|
| (iii) | utility enclosure to a maximum of 3.0 metres; and
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| (iv) | public art in accordance with the requirements of Section 10 and Schedule A of By-law 366-2020(LPAT).
|
|
| (K) | Despite 50.10.40.30(1) with respect to building depth, does not apply;
|
| (L) | Despite 50.10.40.70(1), (3), (4), (5) and 50.10.40.80(1), (2) (3), the minimum above ground building setbacks and minimum distance between external walls for each level of the building are as shown on Diagrams 7-23 of By-law 366-2020(LPAT).
|
| (M) | Despite (L) above and 50.10.40.60 (1) to (8) the following may encroach into the required building setbacks shown on Diagrams 7-23 of By-law 366-2020(LPAT) as follows:
|
|
| (i) | awnings, canopies, ornamental elements, window sills, guardrails, balustrades, railings, stairs, stair enclosures, landscape features to a maximum of 1.5 metres;
|
| (ii) | utility enclosure; and
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| (iii) | public art in accordance with the requirements of Section 10 and Schedule A of By-law 366-2020(LPAT).
|
|
| (N) | Despite 50.10.40.50(1), amenity space must be provided on the lot as follows:
|
|
| (i) | a minimum of 1.5 square metres of indoor amenity space for each dwelling unit must be provided in a room or rooms, one of which must contain a kitchen and at least one washroom; and
|
| (ii) | a minimum of 0.7 square metres of outdoor amenity space for each dwelling unit.
|
|
| (O) | Despite 200.5.10.1 (1), parking spaces must be provided and maintained on the lot in accordance with the following:
|
|
| (i) | a minimum of 0.3 parking spaces for each dwelling unit must be provided for the exclusive use of residents;
|
| (ii) | no visitor parking spaces are required; and
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| (iii) | a minimum of 1 parking space must be provided for every 300 square metres of non-residential gross floor area and may be provided as public parking.
|
|
| (P) | Despite 200.5.1.10(2), a maximum of 40 parking spaces that are obstructed on one or two sides may have a minimum width of 2.6 metres;
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| (Q) | The parking requirement listed in (O)(i) may be reduced by four parking spaces for each car share parking space provided. The maximum reduction is calculated using the following formula: 4 x (the total number of dwelling units divided by 60) rounded down to the nearest whole number;
|
| (R) | Despite 220.5.20.1(2), the maximum permitted slope of a ramp or driveway leading to a loading space is 12 percent, except that maximum permitted slope of the portion of a ramp or driveway within 6 metres of the limit of a street is 5 percent;
|
| (S) | Despite 220.5.10(1), a minimum of one Type "G", loading space, three Type "B" loading spaces and two Type "C" loading spaces must be provided and maintained on the lot; and
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| (T) | Despite 230.5.1.10(10), a "long-term" or "short-term" bicycle parking space may be located in a stacked bicycle parking space.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 366-2020(LPAT) ] |
| (26) | Exception CRE 26 |
| 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 the lands identified on Diagram 1 attached to By-law 96-2022, a building, structure, addition or enlargement may be constructed or used in compliance with (B) to (N) below;
|
| (B) | For the purposes of this exception, the lot comprises the lands identified by heavy lines on Diagram 1 attached to By-law 96-2022;
|
| (C) | Despite clause 50.5.40.40, the permitted maximum gross floor area is 21,850 square metres for non-residential uses and 0 square metres for residential uses;
|
| (D) | In addition to the provisions of regulation 50.5.40.40(1), the floor area of the existing building known municipally as 96 Spadina Avenue is not included in the calculation of gross floor area;
|
| (E) | Despite clause 50.10.40.70 and article 600.10.10, the required minimum building setbacks of a building or structure are shown in metres on Diagram 7 of By-law 96-2022;
|
| (F) | Despite regulation 50.5.40.60(1), clause 50.10.40.60 and regulation (E) above the following building elements may encroach into a required building setback:
|
|
| (i) | Public art, landscape features, wheel chair ramps, light fixtures, stairs and stair enclosures, guardrails, bollards, awnings, canopies, railings, fences, vents, shafts, stacks, chimneys, satellite dishes, retaining walls, underground garage ramp and its associated structures, and window washing equipment;
|
| (ii) | Eaves, cornices, window sills, curtain wall mullions to a maximum projection of 0.5 metres beyond the heavy lines on Diagram 7 of By-law 96-2022;
|
| (iii) | alconies that project a maximum distance of 2.0 metres beyond the heavy lines shown on Diagram 7, provided such balconies do not project over the portions identified as "Existing Building" as shown on Diagram 7 of By-law 96-2022; and
|
| (iv) | The erection or use of the structures, elements and enclosures permitted by regulation (I) below.
|
|
| (G) | Despite regulations 50.5.40.10(1) and (2), the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 88.52 metres to the highest point of the building or structure;
|
| (H) | Despite clause 50.10.40.10, the permitted maximum height of a building or structure is the height in metres specified by the numbers following the symbol HT on Diagram 7 of By-law 96-2022;
|
| (I) | Despite regulations 50.5.40.10(3), (4), (5), (6) and (7), the following building elements may project above the permitted maximum height:
|
|
| (i) | Structures, elements and enclosures permitted by regulation (E) above; and
|
| (ii) | The erection or use of structures on any roof used for outdoor amenity space, maintenance, safety, wind protection purposes, green roof purposes, vestibules providing access to outdoor amenity or recreation space, parapets, structural masts, elevators and related structural elements, signage, cooling towers, mechanical and architectural screens, chimneys, vents, stacks, and mechanical fans, structures and elements associated with green energy and renewable energy facilities, provided such projections are limited to a maximum vertical projection of 5 metres above the permitted building heights shown on Diagram 7 of By-law 96-2022.
|
|
| (J) | Despite regulations 50.5.80.10(1) and 200.5.1(2) and article 200.5.10, 83 parking spaces are required, which may be provided off-site within a public parking facility that is within 300 metres of the lot;
|
| (K) | Despite article 220.5.10, a minimum of two Type "B" loading spaces and one Type "C" loading space must be provided and maintained on the lot;
|
| (L) | Despite regulation 230.5.1.10(9) and article 230.5.10, bicycle parking spaces must be provided for office uses and retail stores as follows: 47 bicycle parking spaces allocated as "long term" bicycle parking spaces and 50 bicycle parking spaces allocated as "short term" bicycle parking spaces, subject to the following:
|
|
| (i) | "Long term" bicycle parking spaces must be located one level below ground; and
|
| (ii) | "Short term" bicycle parking spaces must be located on the surface of the lot or one level below ground.
|
|
| (M) | Despite clause 230.5.1.10(7), a minimum of 5 shower-change facilities for each gender shall be provided on the lot; and
|
| (N) | Despite any existing or future severance, partition, or division of the lot, the provisions of this Exception and By-law 569-2013 shall apply as if no severance, partition or division had occurred.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 96-2022 Enacted ] |
| (27) | Exception CRE 27 |
| 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 540-544 King Street West and 1-7 Morrison Street, if the requirements of Section 6 and Schedule A of By-law 244-2020 are complied with, then a building or structure many be constructed in compliance with regulations (B) to (T) below;
|
| (B) | Despite regulation 50.10.20.10(1), public parking is a permitted use;
|
| (C) | The maximum gross floor area on the lot must not exceed 26,200 square metres, provided:
|
|
| (i) | the residential gross floor area does not exceed 7,200 square metres; and
|
| (ii) | the non-residential gross floor area does not exceed 19,000 square metres;
|
|
| (D) | In addition to the exclusions listed in Clause 50.5.40.40, the gross floor area of a building is also reduced by:
|
|
| (i) | The area in the building used for public parking located below finished ground level;
|
| (ii) | a maximum of 520 square metres of mechanical space located within the building; and
|
| (iii) | amenity space;
|
|
| (E) | A minimum of 10 percent of the dwelling units must contain three or more bedrooms and 20 percent of the dwelling units must contain two or more bedrooms;
|
| (F) | Despite regulation 50.5.40.10(1), the height of a building or structure is the distance between the Canadian Geodetic Datum of 88.53 metres and the elevation of the highest point of the building or structure;
|
| (G) | Despite regulation 50.10.40.10(1), no portion of any building or s tructure on the lot may have a height greater than the height in metres specified by the number following the "HT" symbol as shown on Diagram 3 attached to By-law 244-2020;
|
| (H) | Despite Clause 50.5.40.10 and regulation (G) above, the following elements of a building may exceed the maximum permitted height as follows:
|
|
| (i) | Wind screens, parapets, terrace or balcony guardrails, ornamental elements, pavers, balustrades, railings and dividers, pergolas, trellises, planters, eaves, privacy screens, stair enclosures, skylights, mechanical equipment, mechanical and architectural screens, access hatches, roof assemblies, roof drainage, window washing equipment, chimneys, vents, lightning rods, light fixtures, pavers, elements of a green roof, structures located on the roof used for outside or open air recreation, which may project above the height limits shown on Diagram 3 and Diagram 4 attached to By-law 244-2020 by no more than 2.0 metres; and
|
| (ii) | Elevator overrun which may project above the height limits shown on Diagram 3 attached to By-law 244-2020 by no more than 4 metres;
|
|
| (I) | Despite clause 50.5.40.70 and regulations 50.10.40.70(1), (3) and (5), and 50.10.40.80(1) and (3), the required minimum building setbacks and minimum distance between main walls must be provided as shown Diagram 3 and Diagram 4 of By-law 244-2020;
|
| (J) | Despite regulation 50.5.40.60(1), clause 50.10.40.60 and regulation (I) above, the following elements of a building may encroach into the required building setback or separation distance:
|
|
| (i) | Cornices, eaves, light fixtures, parapets, art and landscaping features, trellises, window sills, vertical window screens, ornamental elements, ventilation shafts, mechanical equipment, balustrade, railings, wheelchair ramps, site servicing features, window washing equipment, mullion cap extensions, screening, stair enclosures, fences underground garage ramp and associated structures, up to a maximum of 0.5 metres;
|
| (ii) | Balconies and terraces, up to a maximum of 1.5 metres; and
|
| (iii) | Awning and canopies, up to a maximum of 2.0 metres;
|
|
| (K) | Regulation 600.10.10 with respect to building setbacks does not apply;
|
| (L) | Regulation 50.10.40.30(1) with respect to building depth does not apply;
|
| (M) | Despite regulation 50.10.40.50(1), amenity space must be provided as follows:
|
|
| (i) | A minimum of 1.5 square metres per dwelling unit of indoor amenity space; and
|
| (ii) | A minimum of 1.0 square metres per dwelling unit of outdoor amenity space;
|
|
| (N) | Despite regulation 200.5.10(1), parking spaces must be provided as follows:
|
|
| (i) | A minimum of 14 parking spaces for the dwelling units;
|
| (ii) | No parking spaces are required for the visitors of the dwelling units;
|
| (iii) | No parking spaces are required for the non-residential uses; and
|
| (iv) | A minimum of 39 parking spaces in a public parking garage;
|
|
| (O) | Despite regulation 220.5.10.1(3) and (5), at least one Type "G" loading space and two Type "C" loading spaces must be provided and maintained;
|
| (P) | Despite regulation 50.10.90.10(1), a loading space is permitted in a side yard abutting a street;
|
| (Q) | Despite regulation 50.10.90.40(1), vehicle access to a loading space is permitted from a street which is a major street;
|
| (R) | Despite regulation 230.5.1.10(10), both long-term and short-term bicycle parking spaces may be provided in a stacked bicycle parking space;
|
| (S) | Despite regulation 230.5.1.10(9), long-term bicycle parking spaces may be provided in the P1 and P2 level of the building; and
|
| (T) | Despite regulation 230.40.1.20(2), a short-term bicycle parking space may be located more than 30 metres from a pedestrian entrance.
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | 12(2)270 of former City of Toronto By-law 438-86. [ By-law: 244-2020 Enacted ]
|
|
| (28) | Exception CRE 28 |
| 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 15 Duncan Street and 150 to 158 Pearl Street, if the requirements of By-law 1192-2022(OLT), including Section 6 and Schedule A are complied with, a building or structure may be constructed, used or enlarged in compliance with regulations (B) to (P) below.
|
| (B) | The total gross floor area of all buildings and structures must not exceed 42,550 square metres of which a minimum non-residential gross floor area of 3,915 square metres is required;
|
| (C) | A minimum of ten percent of the total number of dwelling units must have three or more bedrooms;
|
| (D) | Despite Clauses 50.10.40.70, 50.10.40.71 and 50.10.40.80, and Article 600.10.10, the minimum required building setbacks and minimum above-ground distance between main walls are shown in metres on Diagram 3, Diagram 4, Diagram 5, Diagram 6, Diagram 7, Diagram 8, and Diagram 9 of By-law 1192-2022(OLT);
|
| (E) | Regulation 50.10.40.1(1) with respect to the first floor elevation does not apply;
|
| (F) | Regulations 50.10.40.1(2) and (4) with respect to building orientation to a street do not apply;
|
| (G) | Despite Clause 50.10.40.60 and (D) above, the following building elements and structures are permitted to encroach into required building setbacks shown on Diagram 3, Diagram 4, Diagram 5, Diagram 6, Diagram 7, Diagram 8, and Diagram 9 of By-law 1192-2022(OLT):
|
|
| (i) | Public art, landscape features, wheel chair ramps, light fixtures, stairs and stair enclosures, guardrails, bollards, awnings, canopies, railings, fences, vents, shafts, stacks, chimneys, roof drainage, roof ballast and thermal insulation, waterproofing, satellite dishes, retaining walls, underground garage ramp and its associated structures, and window washing equipment;
|
| (ii) | Eaves, cornices and window sills to a maximum of 0.5 metres;
|
| (iii) | Architectural elements to a maximum of 0.5 metres;
|
| (iv) | Eaves, cornices, window sills and architectural elements to a maximum of 1.85 metres beyond the southerly main wall of the building, provided they are not located within areas that do not permit balconies as identified on Diagram 6, Diagram 7, Diagram 8, and Diagram 9;
|
| (v) | Balconies to a maximum of 2.0 metres, provided such balconies are not located within areas that do not permit balconies as identified on Diagram 6, Diagram 7, Diagram 8, and Diagram 9; and
|
| (vi) | Exterior building support columns that are located within the area identified as "HT 180.0" on Diagram 3, despite any requirements relating to the cantilevering of portions of the building;
|
|
| (H) | Clauses 50.10.40.30 and 50.10.40.31 with respect to building depth do not apply;
|
| (I) | Despite Regulations 50.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 86.44 metres and the elevation of the highest point of the building or structure;
|
| (J) | Despite Regulations 50.10.40.10(1), (2) and (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 1192-2022(OLT);
|
| (K) | Despite Regulations 50.5.40.10(3), (4), (5), (6) and (7), and (J) above, the following building elements and structures are permitted to project above the heights shown on Diagram 3 of By-law 1192-2022(OLT);
|
|
| (i) | the structures, elements and enclosures permitted by (G) above;
|
| (ii) | Parapet walls provided the maximum height of such elements is no higher than 2.0 metres above the height limits shown on Diagram 3;
|
| (iii) | Privacy screens provided the maximum height of such elements is no higher than 3.0 metres above the height limits shown on Diagram 3;
|
| (iv) | Structures used for outside or open air recreation, safety or wind protection purposes, provided the height of such elements is no higher than 3.4 metres above the height limits shown on Diagram 3;
|
| (v) | Elements associated with a green roof, provided the height of such elements is no higher than 3.0 metres above the height limits shown on Diagram 3;
|
| (vi) | Despite (G) or (K) (i), (ii), (iii), (iv) and (v) above, nothing is permitted to project above the area identified as "HT 180.0" on Diagram 3;
|
| (vii) | Despite (K)(vi) above, within the area identified as "HT 180.0" on Diagram 3, chimneys, pipes and vents are permitted to project above a height of 180.0 metres, provided the maximum height of such elements is no higher than 3.0 metres; and
|
| (viii) | Despite (K)(vi) above, for that portion of the building or structure identified as "Elevator Machine Room" on Diagram 3, elevator overruns and associated machine rooms for such elevator overruns, service rooms, and emergency exiting stairs, are permitted to project above a height of 180.0 metres, provided the height of these elements does not exceed the permitted maximum height by more than 7.0 metres, and that the total area of all such elements must not exceed an area of 150 square metres, measured horizontally;
|
|
| (L) | Despite Regulation 50.10.40.50(1) amenity space must be provided on the lands for the use of residents of the building in accordance with the following:
|
|
| (i) | A minimum of 2.0 square metres of indoor amenity space per dwelling unit must be provided; and
|
| (ii) | A minimum of 1.3 square metres of outdoor amenity space per dwelling unit must be provided;
|
|
| (M) | Despite Clause 200.5.10.1 and Article 200.20.10, parking spaces must be provided in accordance with the following:
|
|
| (i) | a minimum of 0.2 residential occupant parking spaces for each dwelling unit;
|
| (ii) | a minimum of 0.25 parking spaces for each 100 square metres of non-residential gross floor area; and
|
| (iii) | Despite regulation 200.5.1.10(12)(C), the vehicle entrance or exit to the building must be at least 3.0 metres from the lot line abutting the street;
|
|
| (N) | Despite Regulation 200.5.10.1(1), and (M) above, "car-share parking spaces" may replace parking spaces otherwise required for residential occupants, subject to the following:
|
|
| (i) | a reduction of 4 residential occupant parking spaces will be permitted for each "car-share parking space" provided, and that the maximum reduction permitted be 16 residential occupant parking spaces;
|
| (ii) | for the purpose of this exception, "car-share" means the practice whereby a number of people share the use of one or more motor vehicles and such "car-share" motor vehicles are made available to at least the occupants of the building for short-term rental, including hourly rental; and
|
| (iii) | for the purpose of this exception, "car-share parking space" means a parking space exclusively reserved and signed for a vehicle used only for "car-share" purposes;
|
|
| (O) | Despite Clauses 220.5.10.1 and 50.10.90.40, a minimum of one loading space – Type "G" and one loading space – Type "C" must be provided on the lands in accordance with the requirements of Regulations 220.5.1.10(5), (6) and (8), and 220.5.20.1;
|
| (P) | Despite Regulations 230.5.1.10(10) and 230.50.1.20(1), "short term" bicycle parking spaces may be located in a stacked bicycle parking space.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1192-2022(OLT) ] |
| (29) | Exception CRE 29 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions.
|
|
Site Specific Provisions: |
|
| (A) | On 176 and 178 Front Street, and 33 and 35 Sherbourne Street, if the requirements in Section 6 and Schedule A of By-law 1094-2021 are complied with a building or structure may be constructed in compliance with regulations (B) to (V) below;
|
| (B) | In addition to the uses permitted in regulation 50.10.20.10(1), public parking is also a permitted use;
|
| (C) | The permitted maximum gross floor area of all buildings and structures will be 30,500 square metres;
|
| (D) | The required minimum gross floor area for non-residential uses is 1,300 square metres;
|
| (E) | A minimum of twenty-five percent of the total number of dwelling units must contain two or more bedrooms, and a minimum of ten percent of the total number of dwelling units must contain three or more bedrooms;
|
| (F) | Despite regulation 50.5.40.10(1), the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 79.47 metres to the highest point of a building or structure;
|
| (G) | Despite regulations 50.10.40.10(1), (2) and (4), the height of any building or structure may not exceed the height limit of the numbers following the symbol HT on Diagram 3 of By-law 1094-2021;
|
| (H) | Despite (G) above, and regulations 50.5.40.10(4), (5), (6), (7), and (8) the following elements or portion of any building or structure may project above the height indicated by the numbers following the symbol HT on Diagram 3 of By-law 1094-2021 as follows:
|
|
| (i) | Elevator shafts, elevator overrun, elevator machine room, enclosed stairwells, and access ladders to 8.5 metres;
|
| (ii) | Equipment used for the functional operation of the building, such as electrical, utility, mechanical and ventilation equipment; window washing equipment, structures used for the functional operation of the building, such as, maintenance equipment storage, mechanical rooms, chimneys, vents, and water supply facilities, and structures that enclose, screen or cover the elements listed above, by a maximum of 5.0 metres;
|
| (iii) | Parapets, railings, architectural features ornamental elements, canopies, guard rails, mechanical and privacy screens, insulation and roof surface materials, building equipment and noise and wind mitigation structures, by a maximum of 2.5 metres; and
|
| (iv) | Landscaping features and structures on the area labelled "HT 9.0 m" and "HT 31.5 m" on Diagram 3 used for outside or open air recreation, noise and wind mitigation structures, and planting and other landscaping structures and elements of a green roof, by a maximum of 3.0 metres.
|
|
| (I) | Despite clauses 50.5.40.70, 50.10.40.80, and 50.10.40.70, the required minimum building setbacks and minimum distance between main walls are shown in metres on Diagram 3 of By-law 1094-2021;
|
| (J) | Despite (I) above, and regulation 5.10.40.70(1), and clauses 50.5.40.60 and 50.10.40.60, the following are permitted to encroach into the required minimum building setbacks, on Diagram 3 of By-law 1094-2021 as follows:
|
|
| (i) | Ornamental elements, window projections, window washing equipment, mechanical and privacy screens, mechanical equipment, fences, trellises, railings, landscape features and awnings, to a maximum of 3.0 metres;
|
| (ii) | Canopies to a maximum of 3.0 metres;
|
| (iii) | Lighting fixtures, window sills, eaves, vents and stacks, to a maximum of 1.0 metre;
|
| (iv) | Balconies and architectural features located on the 4th to 10th storeys to a maximum of 2.75 metres, and a maximum of 5.0 metres for the portion measured from the east side lot line by a length of 17.5 metres;
|
| (v) | Balconies and architectural features located on the 11th storey and above , to a maximum of 2.75 metres; and
|
| (vi) | Balconies and private terraces located on the 10th storey may encroach to the limit of the east side lot line.
|
|
| (K) | Regulation 50.10.40.30(1), with respect to maximum building depth, does not apply;
|
| (L) | Despite clauses 50.10.40.50(1)(A), amenity space must be provided and maintained in accordance with the following:
|
|
| (i) | A minimum rate of 2.0 square metres per dwelling unit is indoor amenity space;
|
| (ii) | A minimum rate of 1.4 square metres per dwelling unit is outdoor amenity space, of which a minimum of 40 square metres is to be provided in a location adjoining or directly accessible from an area that comprises indoor amenity space; and
|
| (iii) | The indoor amenity space may be provided in multipurpose rooms which are not contiguous, where a minimum of one multipurpose room is to have a kitchen and washroom and a minimum area of 100 square metres.
|
|
| (M) | Despite regulations 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided and maintained in accordance with the following:
|
|
| (i) | A minimum of 0.15 parking spaces per dwelling unit for residents of the building; and
|
| (ii) | A minimum of 26 parking spaces must be provided as public parking within the building for the use of residential visitors, the non-residential uses of the building and the general public, with or without a fee, of which, a minimum of 2 parking spaces must be used for car share purposes.
|
|
| (N) | Despite article 200.15.1(1) and regulation 200.15.10(1), a minimum of 4 accessible parking spaces must be provided and maintained in accordance with the following dimensions:
|
|
| (i) | A minimum length of 5.6 metres;
|
| (ii) | A minimum width of 3.4 metres;
|
| (iii) | A minimum vertical clearance of 2.1 metres; and
|
| (iv) | The entire length must be adjacent to a minimum 1.5 metres wide accessible barrier free aisle or path;
|
|
| (O) | Regulation 200.15.1 (4) with respect to location of accessible parking spaces, shall not apply;
|
| (P) | Regulation 200.10.1(1) with respect to marking drive aisles accessing visitor parking spaces, shall not apply;
|
| (Q) | Despite regulation 230.5.1.10(4), a bicycle parking space must comply with the following:
|
|
| (i) | For a stacked bicycle parking space, a minimum length of 1.8 metres, a minimum width of 0.45 metres and a minimum vertical clearance of 1.0 metre; and
|
| (ii) | For a bicycle parking space that is not a stacked bicycle parking space, a minimum length of 1.8 metres, a minimum width of 0.45 metres and a minimum vertical clearance of 1.9 metres.
|
|
| (R) | Despite regulations 230.5.1.10(10) and 230.50.1.20, a "long-term" and "short-term" bicycle parking space may be located in a stacked bicycle parking space, which may be located within the building or outside, including within a secured room, enclosure or unenclosed space or any combination thereof, or bicycle locker;
|
| (S) | Despite regulations 220.5.10.1(2), (3), (4), (5), (6), (8), and article 220.20.1, a minimum of one Type "G" loading space and one Type "C" loading space must be provided and maintained;
|
| (T) | Clause 150.100.30.1 does not apply;
|
| (U) | Section 600.10 with respect to building setbacks for buildings in the downtown, does not apply; and
|
| (V) | Section 600.20 with respect to Priority Retail Streets does not apply.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1094-2021 ] |
| (31) | Exception CRE 31 |
| 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 270 of former City of Toronto By-law 438-86; and
|
| (B) | On 210 The Esplanade, former City of Toronto by-law 181-87.
|
|
| (32) | Exception CRE 32 |
| 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 270 of former City of Toronto By-law 438-86; and
|
| (B) | On or between the even numbered addresses of 12-18 Mercer St. and 60 John St., City of Toronto by-law 1238-2009.
|
|
| (34) | Exception CRE 34 |
| 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 a lot, the maximum floor space index for non-residential uses is 0.5; and
|
| (B) | The pedestrian access to the non-residential uses on 251 Front St. East is from Berkeley St. only. [TO: 438-86; 12(1) 119]
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 260 of former City of Toronto By-law 438-86; and
|
| (B) | Section 12(2) 270 of former City of Toronto By-law 438-86.
|
|
| (35) | Exception CRE 35 |
| 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 the lands municipally known as 204 Richmond St. W. in 1982, an office or a post office are permitted, if:
|
|
| (i) | the use is located in the building as it existed on August 1, 1982; and
|
| (ii) | the lot consists of 204 Richmond St. W. as it existed on August 1, 1982. [TO: 438-86; 12(1) 165]
|
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 270 of former City of Toronto By-law 438-86.
|
|
| (36) | Exception CRE 36 |
| 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 the lands municipally known as 451-457 Richmond Street West, if the requirements of Section (B) to (T) of this By-law are complied with, a mixed-use building may be erected and used;
|
| (B) | The permitted gross floor area of all the buildings or structures on the lot must not exceed 9,750 square metres, of which:
|
|
| (i) | the permitted maximum residential gross floor area is 9,655 square metres; and
|
| (ii) | the permitted minimum non-residential gross floor area is 75 square metres;
|
|
| (C) | A minimum of ten percent (10%) of the total number of dwelling units to be constructed on the lot must contain three or more bedrooms and have a minimum size of 70 square metres for each dwelling unit;
|
| (D) | Despite Regulation 50.5.40.10(1), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 90.95 metres and the elevation of the highest point of the building or structure;
|
| (E) | Despite Regulation 50.10.40.10(1), no building or structure on the lot may have a height greater than the height in metres specified by the number following the "HT" symbol as shown on Diagram 3 attached to By-law 397-2022(OLT);
|
| (F) | Despite Regulations 50.5.40.10(3) and (4) and (E) above, the following elements of a building or structure may exceed above the maximum permitted height limits shown on Diagram 3 attached to By-law 397-2022(OLT) as follows:
|
|
| (i) | Wind screens, parapets, terrace or balcony guardrails, ornamental elements, pavers, balustrades, railings and dividers, pergolas, trellises, planters, eaves, privacy screens, stair enclosures, skylights, mechanical and architectural screens, access hatches, roof assemblies, roof drainage, chimneys, vents, lightning rods, light fixtures, pavers, elements of a green roof, structures located on the roof used for outside or open air recreation, chillers, air vents and exit hatch, by no more than 2.0 metres;
|
| (ii) | Window washing equipment by no more than 3.0 metres;
|
| (iii) | Elevator overrun, by no more than 4.0 metres; and
|
| (iv) | Despite (F)(i) above, privacy screening for the outdoor amenity space at the third floor level, by no more than 3.0 metres;
|
|
| (G) | Despite Regulation 50.5.40.70(1), Regulations 50.10.40.70(1), (3) and (5), Regulations 50.10.40.80(1) and (3), and Regulation 600.10.10 the required minimum building setbacks and minimum distance between main walls of buildings must be provided as shown in metres on Diagram 3 of By-law 397-2022(OLT);
|
| (H) | Despite Regulation 50.5.40.60(1), Regulations 50.10.40.60(1), (2), and (5) and (G) above, the following elements of a building may encroach into the required building setback or minimum distance between main walls of buildings:
|
|
| (i) | Cornices, eaves, light fixtures, parapets, canopies, awnings, ornamental elements, landscaping features, light fixtures, trellises, window sills, ornamental elements, ventilation shafts, balustrades, guardrails, railings, wheelchair ramps, screening, stair enclosures, doors, underground garage ramp and associated structures, wheelchair ramps, damper, window washing equipment, up to a maximum of 0.5 metres;
|
| (ii) | Balconies and terraces, up to a maximum of 1.5 metres, with the exception of the area identified as Balcony Zone A on Diagram 3 of By-law 397-2022(OLT) where only recessed balconies are permitted between a height of 9.0 metres and 31.0 metres above grade; and
|
| (iii) | Structures used for outside or open air recreation, safety or wind protection, up to a maximum of 1.6 metres;
|
|
| (I) | Despite Regulation 50.10.40.50, indoor amenity space must be provided at a minimum rate of 2.0 square metres for each dwelling unit and may be provided in a multi-purpose room or rooms, whether or not these rooms are contiguous, with at least one washroom and kitchen;
|
| (J) | Despite Regulation 50.10.40.50(1)(B), a minimum of 44 square metres of outdoor amenity space must be provided in a location adjoining or directly accessible to the indoor amenity space;
|
| (K) | Indoor amenity space may be provided in a multi-purpose room or rooms, whether or not these rooms are contiguous, with at least one washroom and kitchen;
|
| (L) | Despite Regulation 200.5.10.1(1) and Table 200.5.10.1 parking spaces must be provided below ground in accordance with the following minimum ratios:
|
|
| (i) | 0.18 parking spaces per residential dwelling unit for residential uses;
|
| (ii) | no parking spaces are required for residential visitors; and
|
| (iii) | no parking spaces are required for non-residential uses;
|
|
| (M) | Despite (L) above, the total number of parking spaces provided on the lot for residential uses may be reduced at a rate of 4 parking spaces for each "car-share parking space", provided the maximum permitted reduction is calculated using the following formula:
|
|
| (i) | 4 x (total number of dwelling units ÷ 60), fraction rounded down to the nearest whole number;
|
|
| (N) | Despite Regulations 220.5.1.10(1), 200.5.10.1(2), (3), (4) and (5), a minimum of one Type "G" loading space must be provided on the lot;
|
| (O) | Despite Regulation (L) above, parking spaces provided on the lot for residential uses may be reduced at a rate of 1 parking space for each 5 bicycle parking spaces provided in excess of the minimum number of required bicycle parking spaces required in clause 230.5.10.1, provided the reduction is not greater than 20 percent of the total minimum parking spaces required;
|
| (P) | Despite Regulation 230.5.1.10.(4)(B), the minimum width of a bicycle parking space if placed in a vertical position on a wall, structure or mechanical device is 0.45 metres;
|
| (Q) | Despite Regulation 230.5.1.10.(4)(C), the minimum width of a bicycle parking space if placed in a stacked bicycle parking space is 0.45 metres;
|
| (R) | Despite Regulation 230.5.1.10(10), a “short-term” bicycle parking space may be located in a stacked bicycle parking space;
|
| (S) | Despite Regulation 230.40.1.20(2), a "short-term" bicycle parking space may be located more than 30 metres from a pedestrian entrance to the building on the lot and may be located in a secured room or an unsecured room; and
|
| (T) | For the purposes of this exception, a recessed balcony is a balcony that does not project horizontally beyond the adjacent exterior wall which is perpendicular to the direction the balcony faces, or a balcony that is inset from the exterior wall of a residential suite and does not project beyond said exterior wall.
|
|
|
Prevailing By-laws and Prevailing Sections: [ By-law: 397-2022(OLT) ] |
| (37) | Exception CRE 37 |
| 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 the lands municipally known as 149-157 Bathurst Street, buildings or structures may be constructed or erected in compliance with regulations (B) to (T) below;
|
| (B) | The permitted residential gross floor area of all buildings and structures on the lot must not exceed 6,000 square metres, and the permitted non-residential gross floor area must not exceed 250 square metres;
|
| (C) | Despite regulation 50.5.40.40(3), the gross floor area of a mixed use building may also be reduced by the areas in the building used for mechanical rooms above ground;
|
| (D) | Despite regulation 50.5.40.10(1), the height of a building or structure is the vertical distance between the Canadian Geodetic Datum elevation of 90.41 metres and the highest point of the building or structure;
|
| (E) | Despite regulation 50.10.40.10(1), no portion of any building or structure may have a height greater than the height in metres specified by the number following the "HT" symbol as shown on Diagram 3 attached to By-law 842-2021(OLT);
|
| (F) | Despite clause 50.5.40.10 and regulation (E) above, the following elements of a building or structure may project above the maximum permitted height limits as indicated by the numbers following the symbol "HT" shown on Diagram 3 attached to By-law 842-2021(OLT) as follows:
|
|
| (i) | Parapets, ornamental elements, pavers, balustrades, railings and dividers, pergolas, trellises, planters, eaves, skylights, mechanical equipment, access hatches, roof assemblies, roof drainage, window washing equipment, light fixtures, pavers, elements of a green roof, structures located on the roof used for outside or open air recreation, air vents, and exit hatch, by no more than 2.0 metres;
|
| (ii) | Wind screens, terrace or balcony guardrails, privacy screens, stair enclosures, generators, cooling towers and chillers, mechanical and architectural screens, garbage chute exhausts, exhausts, chimneys vents, lightning rods, stair overrun, by no more than 4.0 metres; and
|
| (iii) | Elevator overrun, by no more than 5.0 metres;
|
|
| (G) | Despite clause 50.5.40.70, regulations 50.10.40.70(1), (3) and (5), and 50.10.40.80(1) and (3), and Section 600.10 the required minimum building setbacks and minimum distance between main walls must be provided as shown in metres on Diagram 3 of By-law 842-2021(OLT);
|
| (H) | Despite regulation 50.5.40.60(1), clause 50.10.40.60, Section 600.10 and regulation (G) above, the following elements of a building may encroach into the required building setback or separation distance as follows:
|
|
| (i) | Cornices, eaves, light fixtures, awnings, canopies, parapets, ornamental elements, landscaping features, trellises, window sills, ornamental elements, ventilation shafts, balustrade, railings, wheelchair ramps, screening, stair enclosures, doors, underground garage ramp, wheelchair ramps; and
|
| (ii) | Balconies and terraces, up to a maximum of 1.5 metres;
|
|
| (I) | Despite clauses 50.5.40.10, 50.10.40.70, 50.5.40.70 and 50.10.40.60 and regulation (G) above, a building may encroach up to 1.5 metres into the required minimum building setbacks in Diagram 3 within the areas identified as "Areas of Articulation" on Diagram 4 and Diagram 5, attached to By-law 842-2021(OLT) at the height of the associated Storey identified on Diagram 4 and Diagram 5, attached to By-law 842-2021(OLT);
|
| (J) | Despite clause 50.5.40.10 and regulation (E) above, the following elements of a building or structure may project above or below the 'Articulation Areas' illustrated on Diagram 4 or Diagram 5 attached to By-law 842-2021(OLT) as follows:
|
|
| (i) | Parapets, ornamental elements, pavers, balustrades, railings and dividers, pergolas, trellises, planters, eaves, skylights, mechanical equipment, access hatches, roof assemblies, roof drainage, window washing equipment, light fixtures, pavers, elements of a green roof, structures located on the roof used for outside or open air recreation, air vents, and exit hatch, by no more than 2.0 metres; and
|
| (ii) | Wind screens, terrace or balcony guardrails, privacy screens, stair enclosures, generators, cooling towers and chillers, mechanical and architectural screens, garbage chute exhausts, exhausts, chimneys vents, lightning rods, stair overrun, by no more than 4.0 metres;
|
|
| (K) | Despite regulation 50.10.40.50(1), amenity space must be provided as follows:
|
|
| (i) | A minimum of 1.95 square metres per dwelling unit of indoor amenity space; and
|
| (ii) | A minimum 1.97 of square metres per dwelling unit of outdoor amenity space;
|
|
| (L) | Despite the parking rates in Table 200.5.10.1(1), parking spaces must be provided in accordance with the following:
|
|
| (i) | A minimum of 0.20 parking spaces per dwelling unit for residents;
|
| (ii) | No parking spaces for visitors; and
|
| (iii) | No parking spaces for non-residential uses;
|
|
| (M) | Despite clause 200.5.1.10, parking spaces may be provided in stacked parking spaces, which must have minimum dimensions 2.4 metres in width by 5.3 metres in length;
|
| (N) | Despite regulation 200.5.1.3(A), the minimum width of a drive aisle or vehicle entrance and exit is 5.2 metres;
|
| (O) | Despite regulation 200.5.1.10(12)(C), the vehicle entrance may be located 0.0 metres from the lot line abutting a lane;
|
| (P) | Despite regulation 200.15.10(1), no accessible parking spaces are required;
|
| (Q) | Despite regulations 220.5.1.10(7) and 220.5.10(1), a minimum of one loading space must be provided with the following minimum dimensions:
|
|
| (i) | A minimum length of 11.0 metres;
|
| (ii) | A minimum width of 2.8 metres; and
|
| (iii) | A minimum vertical clearance of 5.8 metres;
|
|
| (S) | Despite regulations 220.5.20.1(1) and (3), the minimum width of a driveway leading to a loading space and of a vehicle entrance and exit is 3.3 metres;
|
| (T) | Despite regulation 230.5.1.10(4)(A), the minimum width of a stacked bicycle parking space is 0.3 metres and the minimum vertical clearance from the ground of a stacked bicycle parking space is 1.1 metres; and
|
| (U) | Despite regulation 230.5.1.10(10), a "short-term" bicycle parking space may also be located in a stacked bicycle parking space;
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | 12(2)270 of former City of Toronto By-law 438-86 [ By-law: 842-2021(OLT) ]
|
|
| (38) | Exception CRE 38 |
| 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 485-489 Wellington Street West, if the requirements of By-law 1247-2022(OLT) are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (X) below;
|
| (B) | Despite regulations 50.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 84.77 metres and the highest point of the building or structure;
|
| (C) | The total permitted maximum gross floor area for all uses on the lot is 9,050 square metres, of which:
|
|
| (i) | the permitted maximum gross floor area for residential uses is 8,565 square metres; and
|
| (ii) | the permitted maximum gross floor area for non-residential uses is 485 square metres.
|
|
| (D) | In addition to the elements described in regulation 50.5.40.40(3), the gross floor area of the building may be reduced by the area in the building used for:
|
|
| (i) | a driveway ramp; and
|
| (ii) | amenity space provided in excess of the requirement in Regulation (L)(i) below.
|
|
| (E) | Despite regulation 50.10.40.10(1), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 3 attached to By-law 1247-2022(OLT);
|
| (F) | Despite regulation 50.10.40.10(4), the permitted maximum number of storeys in a building is the number following the letters "ST" as shown on Diagram 3 attached to By-law 1247-2022(OLT);
|
| (G) | For the purpose of interpreting (F) above, a mechanical penthouse and the "vestibule" area shown on Diagram 3 attached to By-law 1247-2022(OLT) providing rooftop access do not constitute as a storey;
|
| (H) | Despite (E) and (F) above, and regulations 50.5.40.10(4), (5), (6) and (7) and 50.10.40.10(3), the following building elements and structures may project above the permitted maximum height as shown on Diagram 3 attached to By-law 1247-2022(OLT):
|
|
| (i) | elevator overruns, mechanical penthouse, mechanical equipment and any associated enclosure structures, and parapets, to a maximum of 6.5 metres;
|
| (ii) | window washing equipment, to a maximum of 3.0 metres;
|
| (iii) | a structure used for outside or open air recreation, maintenance, safety or wind protection purposes, unenclosed structures providing safety or wind protection to rooftop amenity space, trellises, landscape elements, elements of a green roof, parapets, guards, railings, privacy and wind screens, lighting fixtures, landscape planters, vents, stacks, ladders, to a maximum of 2.0 metres;
|
| (iv) | terraces and terrace platforms, to a maximum of 1.0 metre;
|
| (v) | architectural and ornamental features, to a maximum of 0.5 metre;
|
| (vi) | pergolas are permitted in outdoor amenity space, to a maximum of 3.0 metres and are not permitted on the portion of the building on Diagram 3 labelled as "HT 14.0";
|
| (vii) | a vestibule providing rooftop access, to a maximum of 3.0 metres, provided it is located only within the "vestibule" area shown on Diagram 3; and
|
| (viii) | the building elements and structures listed in (H)(i) to (vi) above, are not permitted in the "vestibule" area shown on Diagram 3.
|
|
| (I) | Despite regulations 50.10.40.70(1), (2) and (5) and clauses 50.10.40.80 and 600.10.10, the required minimum building setbacks for each level of the building are as shown in metres on Diagram 3 attached to By-law 1247-2022(OLT);
|
| (J) | Despite (I) above and Clauses 50.5.40.60 and 50.10.40.60, the following building elements may encroach into the required minimum building setbacks as follows:
|
|
| (i) | terraces and terrace platforms, guards, railings, privacy and wind screens, trellises, pergolas, parapets and landscape planters may project beyond the required building setback to the extent of the main wall of the storey below;
|
| (ii) | balconies, canopies and awnings, to a maximum of 2.0 metres;
|
| (iii) | cornices, lighting fixtures, parapets, eaves, windows, window sills, guardrails, railings, wheel chair ramps, vents, screens, landscape elements, public art features, exhaust vents and wall mounted equipment, to a maximum of 1.5 metres;
|
| (iv) | bay windows located on the first floor fronting Draper Street may encroach to a maximum of 1.5 metres; and
|
| (v) | architectural and ornamental features, to a maximum of 0.5 metres.
|
|
| (K) | The total number of dwelling units on the lot must not exceed 117, and must include the following:
|
|
| (i) | A minimum of 24 percent of the dwelling units must contain two bedrooms; and
|
| (ii) | A minimum of 13 percent of the dwelling units must contain three or more bedrooms.
|
|
| (L) | Despite regulation 50.10.40.50(1), amenity space must be provided in accordance with the following:
|
|
| (i) | a minimum of 2.0 square metres of indoor amenity space per dwelling unit; and
|
| (ii) | a minimum of 1.2 square metres of outdoor amenity space per dwelling unit.
|
|
| (M) | Despite Table 200.5.10.1, and regulation 200.5.10.1(1), parking spaces must be provided in accordance with the following:
|
|
| (i) | a minimum of 0.18 parking spaces per dwelling unit must be provided for residential occupants;
|
| (ii) | a minimum of 0.06 parking spaces per dwelling unit must be provided for residential visitors; and
|
| (iii) | a minimum of 1 parking space per 300 square metres of non-residential gross floor area must be provided for non-residential uses.
|
|
| (N) | Despite regulations 200.15.1.5(1) and 200.15.10(1), a minimum of 2 accessible parking spaces must be provided;
|
| (O) | Despite Regulations 200.15.1(1), (3) and (4), accessible parking spaces must be provided in accordance with the following:
|
|
| (i) | a minimum length of 5.6 metres;
|
| (ii) | a minimum width of 3.4 metres;
|
| (iii) | a minimum vertical clearance of 2.1 metres;
|
| (iv) | the entire length of an accessible parking space must be adjacent to a 1.5 metre accessible barrier free aisle or path on one side of the accessible parking space; and
|
| (v) | accessible parking spaces must be the parking spaces closest to a barrier free entrance to a building or passenger elevator that provides access to the first storey of the building and must be the shortest route from such entrances.
|
|
| (P) | Despite regulation 200.5.1.10(12)(C), the vehicle entrance to a building must be at least 2.0 metres from the lot line abutting a street;
|
| (Q) | Despite regulations 230.5.1.10(10) and 230.50.1.20(2), "long-term" and "short term" bicycle parking spaces may be located in a secured room, enclosure or bicycle locker and in a stacked bicycle parking space;
|
| (R) | Despite regulation 230.5.1.10(9), "long-term" bicycle parking spaces may be located on the first or second storey of the building and on levels of the building below-ground;
|
| (S) | Despite regulation 230.5.1.10(4)(C), a stacked bicycle parking space may be provided in accordance with the following minimum dimensions:
|
|
| (i) | a minimum length of 1.8 metres;
|
| (ii) | a minimum width of 0.45 metres; and
|
| (iii) | a minimum vertical height of 1.2 metres.
|
|
| (T) | Despite regulation 230.5.1.10(7), shower and change facilities are not required;
|
| (U) | Despite regulations 220.5.10.1(2), (3) and (5), one Type "G" loading space must be provided;
|
| (V) | Despite regulation 50.10.90.10(1), a loading space located in a building may have its access through a main wall that faces a street;
|
| (W) | Regulations 50.10.40.1(1) with respect to first floor elevation, and 50.10.50.10(1) and (2) with respect to landscaping and fence requirements when abutting a lot in the residential zone category do not apply; and
|
| (X) | Regulations 50.10.20.100(2) with respect to maximum interior floor area of all cabarets, clubs, eating establishments, entertainment places of assembly, nightclubs, places of assembly, recreation uses and take-out eating establishments and 150.100.30.1(1) with respect to a fence where an eating establishment abuts a lot in the residential zone do not apply.
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|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1247-2022(OLT) ] |
| (39) | Exception CRE 39 |
| 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) | Retail store, personal service shop, eating establishment, take-out eating establishment, or art gallery are permitted, if:
|
|
| (i) | the principal entrance to the use is located within 5.0 metres of the lot's front lot line or the required front building setback;
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| (ii) | the principal entrance to the use is located on a building wall that is within an 85 degree angle of the front lot line;
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| (iii) | the level of the floor of the principal entrance is within 0.2 metres of the level of the public sidewalk opposite such entrance; and
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| (iv) | a maximum of 15.0 metres of the building's front wall may be used for club, place of assembly, community centre, or financial institution. [TO: 438-86; 12 (1) 87]
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|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 270 of former City of Toronto By-law 438-86.
|
|
| (40) | Exception CRE 40 |
| Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.12.10 Exception Number 40, so that it reads:
|
|
Site Specific Provisions: |
|
| (A) | On the lands municipally known as 135-143 Portland Street in the year 2020, if the requirements of Section 5 and Schedule A of By-law 34-2022(OLT) are complied with, then a mixed-use building or structure may be constructed in compliance with (B) to (M) below;
|
| (B) | The uses listed:
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| (i) | in Regulations 50.10.20.10(1)(A) and 50.10.20.20(1)(A) are only permitted on the first storey of the building in combination with a dwelling unit; and
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| (ii) | in Regulations 50.10.20.10(1)(C) and 50.10.20.20(1)(C) are not permitted.
|
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| (C) | The gross floor area must not exceed 8,230 square metres, of which:
|
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| (i) | the gross floor area for uses listed in Regulations 50.10.20.10(1)(B) and 50.10.20.20(1)(B) must not exceed 8,230 square metres; and
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| (ii) | the gross floor area for uses listed in Regulations 50.10.20.10(1)(A) and 50.10.20.20(1)(A) must not exceed 235 square metres
|
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| (D) | Despite Regulation 50.5.40.40(3)(C) the gross floor area of a mixed use building is reduced by the area in the building used for electrical, utility, mechanical and ventilation rooms on any floor above or below ground;
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| (E) | The maximum number of dwelling units is 129, of which:
|
|
| (i) | a minimum of 35 percent of all dwelling units must have 2 bedrooms;
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| (ii) | a minimum of 10 percent of all dwelling units must have a minimum of 3 bedrooms; and
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| (iii) | any dwelling units with three or more bedrooms provided to satisfy (E)(ii) above are not included in the provision of dwelling units with two bedrooms, required by (E)(i) above;
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| (F) | Despite Clauses 50.10.40.70 and 50.10.40.80, and Article 600.10.10 the minimum required building setbacks and minimum above-ground distance between main walls are as shown in metres on Diagrams 3A, 3B, 3C, 3D, 3E and 3F of By-law 34-2022(OLT);
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| (G) | Despite (F) above and Clause 50.10.40.60, the following elements of a building may encroach into the required building setbacks and minimum above-ground distance between main walls:
|
|
| (i) | awnings, balustrades, cornices, eaves, fixtures, ornamental elements, lighting fixtures, parapets, railings, trellises, vents, window sills, planters, and other minor architectural projections are permitted to encroach into the minimum required building setbacks no more than 0.9 metres;
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| (ii) | balconies may encroach up to a maximum of 1.5 metres within the balcony projection zones as noted and shown as hatched areas on Diagrams 3B, 3C, 3D, 3E and 3F of By-law 34-2022(OLT);
|
| (iii) | elements or portions of a building required for structural support, including shear walls, columns, and other structural support members may encroach into the minimum required building setbacks no more than 3.5 metres; and
|
| (iv) | canopies may encroach into the minimum required building setbacks no more than 1.5 metres;
|
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| (H) | Despite Regulations 50.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 90.0 metres and the elevation of the highest point of the building or structure;
|
| (I) | Despite Clause 50.10.40.10, the permitted maximum height of a building or structure is the numerical value in metres following the letters "HT" as shown on Diagrams 3A, 3B, 3C, 3D, 3E and 3F attached to By-law 34-2022(OLT), subject to the following and (F) above:
|
|
| (i) | The first and second storeys of the building must be located within the heavy lines shown on Diagram 3A attached to By-law 34-2022(OLT);
|
| (ii) | The third and fourth storeys of the building must be located within the heavy lines shown on Diagram 3B attached to By-law 34-2022(OLT);
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| (iii) | The fifth storey of the building must be located within the heavy lines shown on Diagram 3C attached to By-law 34-2022(OLT);
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| (iv) | The sixth storey of the building must be located within the heavy lines shown on Diagram 3D attached to By-law 34-2022(OLT);
|
| (v) | The seventh storey through to and including the eleventh storey of the building must be located within the heavy lines shown on Diagram 3E attached to By-law 34-2022(OLT); and
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| (vi) | The portion of the building located at the twelfth storey and above must be located within the heavy lines shown on Diagram 3F attached to By-law 34-2022(OLT);
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| (J) | Despite (I) above and Regulations 50.5.40.10(3), (4), (5), (6), (7) and (8), only the following building elements and structures are permitted to project above the height limits shown following the symbol HT on Diagrams 3A, 3B, 3C, 3D, 3E, and 3F attached to By-law 34-2022(OLT):
|
|
| (i) | awnings, balustrades, canopies, cornices, eaves, fixtures, ornamental elements, lighting fixtures, green roofs, structural columns and shear walls, parapets, window sills, planters and other minor architectural projections are permitted to project no more than 0.8 metres above the height limits shown on Diagrams 3A, 3B, 3C, 3D, 3E, and 3F;
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| (ii) | railings and trellises are permitted to project no more than 1.3 metres above the height limits shown on Diagrams 3A, 3B, 3C, 3D, 3E, and 3F;
|
| (iii) | screens are permitted to project no more than 2.0 metres in the area labelled as "HT=47.0" on Diagram 3F;
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| (iv) | roof hatches are permitted to project no more than 1.0 metres in the area labelled as "HT=49.99" on Diagram 3F;
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| (v) | window-washing equipment, lightning protection elements, garbage chutes, vents, flues and chimney stacks are permitted to project no more than 2.0 metres in the area labelled as "HT=49.99" on Diagram 3F;
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| (vi) | elevator overruns, cooling towers, generator rooms and screens are permitted to project no more than 2.9 metres in the area labelled as "Area A" on Diagram 3F;
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| (vii) | the elements listed in (J) (iv) and (v) above may project by the vertical distances described above provided that the total horizontal area of all of these elements combined does not exceed 11.0 square metres;
|
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| (K) | Despite the parking rates in Table 200.5.10.1 and Clauses 200.5.10.1 and 200.15.10, parking spaces must be provided as follows:
|
|
| (i) | a minimum of 3 parking spaces for the dwelling units;
|
| (ii) | no parking spaces are required for the visitors of the dwelling units; and
|
| (iii) | no parking spaces are required for the non-residential uses;
|
|
| (L) | Despite Regulation 230.50.1.20(2), a short-term bicycle parking space may be located more than 30 metres from a pedestrian entrance to the building on the lot;
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| (M) | Despite Regulation 50.10.40.50(1), amenity space must be provided in accordance with the following:
|
|
| (i) | a minimum of 1.45 square metres of indoor amenity space for each dwelling unit; and
|
| (ii) | a minimum of 0.55 square meters of outdoor amenity space for each dwelling unit.
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 34-2022(OLT) ] |
| (41) | Exception CRE 41 |
| 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 the lands municipally known as 200 King St. East in 1993, an education use is permitted, if the gross floor area of the building does not exceed a floor space index of 5.0. [TO: 438-86; 12 (1) 358]
|
| (B) | On 101 Ontario St., a municipal shelter is permitted. [TOR: 138-2003]
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 260 of former City of Toronto By-law 438-86;
|
| (B) | Section 12(2) 270 of former City of Toronto By-law 438-86;
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| (C) | On the lands municipally known as 199 Adelaide St. East in 1996, Section 12(1) 427 of former City of Toronto By-law 438-86;
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| (D) | On 252 Adelaide St. E., former City of Toronto by-law 131-80;
|
| (E) | On the lands municipally known as 406 Adelaide St. East, City of Toronto by-law 1412-2007;
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| (F) | On the lands municipally known as 411 Richmond St. East in 1983, Section 12(1) 174 of former City of Toronto By-law 438-86; and
|
| (G) | On 381-411 Richmond St. East and 424-460 Adelaide St. East, City of Toronto by-law 927-2002, as ordered by the Ontario Municipal Board's Decision and Order dated May 2, 2003, with the case number PL021158.
|
|
| (42) | Exception CRE 42 |
| 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 400-420 King Street West, if the requirements of Clause 7 and Schedule A of By-law 757-2021(OLT) are complied with, buildings, or structures, may be constructed or erected in compliance with regulation (B) to (X) below;
|
| (B) | Despite regulations 50.5.40.10(1) and (2), the height of the building or structure is the vertical distance between the Canadian Geodetic Datum elevation of 86.58 metres in the year 2019 and the highest point of the building or structure;
|
| (C) | In addition to the uses permitted by regulations 50.10.20.10(1) and 50.10.20.20(1), public parking is permitted if located entirely below ground;
|
| (D) | The total permitted maximum gross floor area for all uses is 43,200 square metres, allocated as follows:
|
|
| (i) | the permitted maximum gross floor area for residential uses is 39,850 square metres; and
|
| (ii) | the required minimum gross floor area for non-residential uses is 3,335 square metres, excluding the area associated with public parking;
|
|
| (E) | In addition to the elements described in regulation 50.5.40.40(3), the gross floor area of the building is reduced by the area in the building used for elevator machine rooms and mechanical rooms above and below ground;
|
| (F) | A minimum of ten percent of the dwelling units must contain three or more bedrooms and a minimum of thirty-four percent of the dwelling units must contain two or more bedrooms;
|
| (G) | Despite regulation 50.10.40.10(1), the permitted maximum height of a building or structure on the lands is the numerical value, in metres, following the letters following the "HT" on Diagram 3 of By-law 757-2021(OLT);
|
| (H) | Despite (G) above and regulations 50.5.40.10(3), (4), (5), (6), (7) and (8) the following elements of a building may exceed the maximum height limits shown on Diagram 3 of By-law 757-2021(OLT) as follows:
|
|
| (i) | parapets, roof access, including roof hatch and the access ladder, chimneys, vents, and water supply facilities, pipes, roof drainage, antennae, telecommunication equipment, satellite dishes, lightning rods, guard rails, railings, dividers, screens, balustrades, unenclosed structures providing safety or wind protection, privacy and wind screens, elements of a green roof, pergolas, trellises, light fixtures, and landscape elements which may project up to a maximum of 4.0 metres;
|
| (ii) | window washing equipment may project up to a maximum of 6.0 metres;
|
| (iii) | architectural features, which may project no higher than the second storey;
|
| (iv) | canopies, which may project no higher than the second storey; and
|
| (v) | support cables, which may project no higher than the fourth storey;
|
|
| (I) | Despite (H)(i) and (ii) above, only the following equipment and structures are permitted to be located on top of the roof for the portion of the building labelled as "HT 156.9" on Diagram 3 of By-law 757-2021(OLT):
|
|
| (i) | parapets, roof access, including roof hatch and the access ladder, vents for garbage and mechanical shafts, antennae, telecommunication equipment, satellite dishes, lightning rods, and elements of a green roof which may project up to a maximum of 4.0 metres; and
|
| (ii) | window washing equipment may project up to a maximum of 6.0 metres;
|
|
| (J) | Despite regulations 50.10.40.30(1), 50.10.40.70(1), (3) and (5), clause 50.10.40.80, and article 600.10.10 the required minimum building setbacks and minimum above ground separation distance are shown in metres on Diagram 3 of By-law 757-2021(OLT);
|
| (K) | Despite (J) above, regulations 50.5.40.60(1), 5.10.40.70(1) and 50.10.40.60(1), (2), (4) the following building elements may encroach into the required minimum building setbacks and minimum above ground separation distance:
|
|
| (i) | canopies and support cables, awnings, decks, balconies, terraces, patios, pergolas, trellises, privacy and wind screens, unenclosed structures providing safety or wind protection to rooftop amenity space, architectural features including piers and fins, art and landscaping features, and ornamental elements, up to 3.0 metres;
|
| (ii) | cornices, parapets, light fixtures, window sills, eaves, doors, site servicing features, ventilation shafts, railings, guards, terrace platforms, landscape planters, underground garages and associated structures, and wheelchair ramps, up to 0.5 metres; and
|
| (iii) | guards, railings, parapets, terraces, privacy and wind screens, landscape planters and terrace platforms may project beyond the required building setback to the extent of the main wall of the storey below;
|
|
| (L) | Despite regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
|
|
| (i) | a minimum of 0.15 parking spaces per dwelling unit for the residents of the building;
|
| (ii) | a minimum of 22 parking spaces for non-residential uses; and
|
| (iii) | no residential visitor parking spaces are required;
|
|
| (M) | Parking spaces for non-residential uses, as required by (L)(ii) above may be located within public parking;
|
| (N) | A maximum of 10 percent of the parking spaces required by (L)(i) and (ii) above may be small car parking spaces with a minimum width of 2.4 metres, length of 5.4 metres and vertical clearance of 1.8 metres;
|
| (O) | Despite Regulations 200.15.1.5(1) and 200.15.10(1), a minimum of 6 accessible parking spaces must be provided and maintained below ground;
|
| (P) | Despite regulation 200.15.1(1), an accessible parking spaces must be provided with the following dimensions:
|
|
| (i) | a minimum length of 5.6 metres;
|
| (ii) | a minimum width of 3.4 metres; and
|
| (iii) | a minimum vertical clearance of 2.1 metres;
|
|
| (Q) | Despite regulation 200.5.1.10(2)(A) and (D), Electric Vehicle Infrastructure, including electric vehicle supply equipment, does not constitute an obstruction to a parking space;
|
| (R) | Despite regulation 230.5.1.10(4)(b), the minimum dimension of a bicycle parking space if placed in a vertical position on a wall, structure or mechanical device is:
|
|
| (i) | minimum length or vertical clearance of 1.9 metres;
|
| (ii) | minimum width of 0.45 metres; and
|
| (iii) | minimum horizontal clearance from the wall of 1.2 metres;
|
|
| (S) | Despite regulations 230.5.1.10(10) and 230.50.1.20(2), "long-term" and "short term" bicycle parking spaces may be located in a secured room, enclosure or bicycle locker and in a stacked bicycle parking space, provided that such space is accessible to visitors;
|
| (T) | Despite regulation 230.5.1.10(9) "long-term" bicycle parking spaces may be located on the first or second storey of the building and anywhere below ground;
|
| (U) | Despite (T) above, "long-term" bicycle parking spaces for residential uses below ground must be provided in accordance with the following:
|
|
| (i) | a minimum of 50 percent of the "long-term" bicycle parking spaces for residential uses will be located on the first level below ground; and
|
| (ii) | a minimum of 90 percent of the "long-term" bicycle parking spaces for non-residential uses will be located on the first level below ground;
|
| (iii) | no bicycle parking spaces will be located on the third level below ground;
|
|
| (V) | Despite regulation 230.5.1.10(4)(C) a stacked bicycle parking space may be provided in with the following minimum dimensions:
|
|
| (i) | a minimum length of 1.8 metres;
|
| (ii) | a minimum width of 0.4 metres; and
|
| (iii) | a minimum vertical clearance of 1.2 metres;
|
|
| (W) | Despite regulations 220.5.10.1(2), (3), (4) and (5) a minimum of one Type "B" loading space and one Type "G" loading space must be provided;
|
| (X) | In addition to the required amenity space, a maximum of 4 guest suites may be permitted, provided that they:
|
|
| (i) | have no food preparation facilities; and
|
| (ii) | are available for use on a temporary basis as overnight accommodation exclusively for persons visiting residents of the building;
|
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 757-2021(OLT) ] |
| (43) | Exception CRE 43 |
| The lands, or portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On the lands municipally known in the year 2021 as 259-267 Richmond Street West, 126-142 John Street, and 41-59 Widmer Street, if the requirements of Section 6 and Schedule A of By-law 949-2022 are complied with, buildings, structures, additions, enlargements or public parking may be erected or used if it complies with (B) to (CC) below;
|
| (B) | Despite Regulation 50.10.20.10(1)(A), public parking is a permitted use, provided it is located below-ground in a parking garage;
|
| (C) | The total gross floor area of all buildings and structures must not exceed 86,000 square metres, of which a minimum non-residential gross floor area of 23,700 square metres must be provided;
|
| (D) | In addition to the exclusions listed in Regulation 50.5.40.40(3), the gross floor area of a mixed use building is also reduced by:
|
|
| (i) | all indoor amenity space in excess of that required by this exception; and
|
| (ii) | lobbies, vestibules, exit stairwells, and related ancillary uses located below ground level;
|
|
| (E) | The provision of dwelling units is subject to the following:
|
|
| (i) | A minimum of 30 percent of the total number of dwelling units must have two or more bedrooms;
|
| (ii) | A minimum of 10 percent of the total number of dwelling units must have three or more bedrooms; and
|
| (iii) | Any dwelling units with three or more bedrooms provided to satisfy (E)(ii) above are not included in the provision required by (E)(i) above;
|
|
| (F) | Despite Regulations 50.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 88.7 metres, and the elevation of the highest point of the building or structure;
|
| (G) | Despite Regulations 50.10.40.10(1) and (2), the permitted maximum height of a building or structure is the numerical value, in metres, following the letters "HT" on Diagram 3 of By-law 949-2022;
|
| (H) | Despite (F) and (G) above and Regulations 50.5.40.10(3), (4), (5), (6), (7) and (8) and 50.10.40.10(2) and (3), the following building elements and structures are not subject to area restrictions and may exceed the permitted maximum height limit shown on Diagram 3 of By-law 949-2022:
|
|
| (i) | equipment used for the functional operation of the building such as electrical, utility, mechanical and ventilation equipment by a maximum of 6.5 metres, provided any such equipment on a tower is located within the dashed boundary labelled "mechanical penthouse";
|
| (ii) | structures or parts of the building that are used for the functional operation of the building, such as enclosed stairwells, roof access, maintenance equipment storage, elevator shafts and overruns, chimneys, vents and water supply facilities by a maximum of 6.5 metres, provided any such structures on a tower are located within the dashed boundary labelled "mechanical penthouse";
|
| (iii) | structures that enclose, screen or cover the equipment, structures and parts of a building listed in (i) and (ii) above, parapet walls or green roofs on top of such enclosures, by a maximum of 6.5 metres, without limit on their total area measured horizontally, provided any such structures on a tower are located within the dashed boundary labelled "mechanical penthouse";
|
| (iv) | chimneys, pipes, and vents may further exceed the permitted maximum height in (i), (ii), and (iii) by 3.0 metres;
|
| (v) | window washing equipment, building maintenance units and crane structures;
|
| (vi) | antennae and satellite dishes, by a maximum of 6.5 metres;
|
| (vii) | canopies and awnings, by a maximum of 5.0 metres;
|
| (viii) | architectural features, architectural flutes, ornamental elements, parapets, art and landscaping features, guardrails, balustrades, railings, screens, trellises, pergolas, columns, pillars, pool equipment and associated decks and platforms, terraces, balconies, cornices, light standards and fixtures, green roofs, planters, seating areas, wheelchair ramps, retaining walls, public art, and decorative screens, by a maximum of 4.0 metres;
|
| (ix) | structures associated with the privately owned publicly accessible space, such as gazebos or trellises;
|
| (x) | structures providing washroom facilities to rooftop amenity space or open-air recreation areas by a maximum of 3.0 metres;
|
| (xi) | an enclosed structure or part of the building providing access to outdoor space for a day nursery, by a maximum of 4.5 metres, if its area covers no more than 50 square metres, measured horizontally;
|
|
| (I) | Despite Clauses 50.5.40.70, 50.10.40.30, 50.10.40.70 and 50.10.40.80, and Section 600.10, the required minimum building and tower setbacks, the permitted building depth and minimum above-ground distance between main walls and towers, and the facing distance between windows are as shown in metres on Diagram 3 of By-law 949-2022;
|
| (J) | For the purposes of this exception, a "tower" is the portions of a building which collectively enclose the entirety of a storey above the Canadian Geodetic Datum elevation of 132.7 metres and without restriction on the gross floor area of any storey located above the Canadian Geodetic Datum elevation of 132.7 metres;
|
| (K) | Despite (I) above and Regulations 50.5.40.60(1), 50.10.40.60(1), (2), (3) (5), (6), (7) and (8) and 50.10.40.70(1), the following building elements may encroach into the required minimum building setbacks shown on Diagram 3 of By-law 949-2022;
|
|
| (i) | balconies, cornices, window sills, parapets, trellises, pillars, patios, decks, guardrails, balustrades and railings, architectural, art and landscape features, pilasters, eaves, light fixtures, ornamental elements and railings may encroach to a maximum of 3.0 metres;
|
| (ii) | stairs, stair enclosures, retaining walls, doors, wheelchair ramps, decks, fences, screens, site servicing features, structures used for wind protection purposes, exterior signage, awnings and canopies, air vents and air intakes, building maintenance units, and underground garage ramps and associated structures;
|
| (iii) | window washing equipment and crane structures;
|
| (iv) | structures associated with the privately owned publicly accessible space, such as pergolas, gazebos or trellises; and
|
| (v) | terraces, inclusive of platforms, guards, and parapets, may exceed the minimum required building setback to the extent of the main walls of the storey located below it;
|
|
| (L) | Despite Regulation 50.5.40.60(1), canopies and awnings are not subject to the height limitation of having to be located within 5.0 metres of the elevation of the ground directly below it;
|
| (M) | Despite Regulation 50.10.40.50(1), amenity space for the use of residents of the building must be provided at a minimum rate of 3.55 square metres for each dwelling unit, in accordance with the following:
|
|
| (i) | at least 2.0 square metres for each dwelling unit is indoor amenity space;
|
| (ii) | at least 1.55 square metres for each dwelling unit is outdoor amenity space; and
|
| (iii) | at least 40.0 square metres is outdoor amenity space in a location adjoining or directly accessible to indoor amenity space;
|
|
| (N) | Despite Regulations 50.5.80.1(1), 200.5.10.1(1), 200.5.10.1(6), 200.10.1(2) and 200.5.200.50(1), and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
|
|
| (i) | a minimum of 0.17 parking spaces for each dwelling unit for the use of the residents of the building;
|
| (ii) | a minimum of 113 parking spaces for the shared use of residential visitors and non-residential uses, and may be provided as non-exclusive parking spaces in a public parking facility; and
|
| (iii) | a minimum of 4 parking spaces required in (ii) above must be provided for the exclusive use of the day nursery for pick-up and drop-off operations in the manner described in Schedule A to this By-law 949-2022;
|
|
| (O) | For each "car-share parking space" provided, the minimum number of required parking spaces for residents required pursuant to (N)(i) above may be reduced by four (4) parking spaces, up to a maximum of 1 "car-share parking space" per 60 dwelling units. For the purposes of this exception:
|
|
| (i) | "car-share" means the practice whereby a number of people share the use of one or more vehicles that are owned and operated by a profit or non-profit car-sharing organization, and such "car-share" vehicles are made available to at least the occupants of the building for short term rental, including hourly rental; and
|
| (ii) | "car-share parking space" means a parking space exclusively reserved and signed for a car used only for "car-share" purposes;
|
|
| (P) | Despite Regulation 200.5.1.10(2), a maximum of 10 percent of the total number of parking spaces provided may have a minimum width of 2.6 metres, despite being obstructed pursuant to Regulation 200.5.1.10(2)(D);
|
| (Q) | For the purposes of 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;
|
| (R) | Despite Regulations 200.15.1(1) and (3), an accessible parking space must have the following minimum dimensions:
|
|
| (i) | length of 5.6 metres;
|
| (ii) | width of 3.4 metres;
|
| (iii) | vertical clearance of 2.1 metres; and
|
| (iv) | the entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path on one side of the accessible parking space;
|
|
| (S) | Despite Regulations 200.15.1(4) and 200.15.1.5(1), an accessible parking space is not required to be the closest parking space to a barrier free entrance to a building or to a passenger elevator or be the shortest route from such entrance or elevator;
|
| (T) | Despite Regulations 230.5.1.10(4) and (5) a stacked bicycle parking space must have the following minimum dimensions:
|
|
| (i) | length of 1.8 metres;
|
| (ii) | width of 0.45 metres; and
|
| (iii) | vertical clearance of 1.2 metres;
|
|
| (U) | Despite Regulations 230.5.1.10(1) and 230.50.1.20(1), "short-term" bicycle parking spaces may:
|
|
| (i) | be located outdoors on the lot;
|
| (ii) | be located indoors or outdoors in an enclosed or secured room or enclosure on levels of the building below-ground, above-ground or on the first storey, provided that the "short-term" bicycle parking spaces will be publicly accessible; and
|
| (iii) | be located more than 30 metres from a pedestrian entrance to the building above or below ground level;
|
|
| (V) | Despite Regulations 230.5.1.10(9) and 230.5.1.10(10), both "long-term" and "short-term" bicycle parking spaces may be provided in a stacked bicycle parking space arrangement and in any combination of vertical, horizontal or stacked positions;
|
| (W) | Despite Clause 220.5.10.1, loading spaces must be provided on the lands in accordance with the following minimum requirements:
|
|
| (i) | three (3) Type "B" loading spaces;
|
| (ii) | two (2) Type "C" loading spaces;
|
| (iii) | one (1) Type "G" loading space; and
|
| (iv) | a grocery store or supermarket with a gross floor area of 5,000 square metres or more within the building must provide an additional one (1) Type "B" loading space.
|
|
| (X) | Despite Regulation 220.5.20.1(1), a two-way driveway to a loading space may have sections that are divided by a median, provided that each direction has a minimum width of 3.5 metres in such sections;
|
| (Y) | Regulation 50.10.20.100(21) with respect to specific conditions for an outdoor patio does not apply;
|
| (Z) | Regulation 50.10.20.100(1) with respect to specific conditions for amusement arcades does not apply;
|
| (AA) | Regulation 50.10.20.100(32) and Regulation 150.100.20.1(1) with respect to specific use conditions for eating establishments do not apply;
|
| (BB) | Regulation 50.10.20.100(39) with respect to specific conditions for entertainment place of assembly and amusement devices do not apply;
|
| (CC) | Despite Regulation 600.20.10(1)(A) and (B), in the first storey of a mixed-use building or non-residential building, no minimum or maximum percentage of lot frontage abutting the priority retail street for any permitted use is required.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 949-2022 Enacted ] |
| (45) | Exception CRE 45 |
| 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 444-450 Richmond Street West, as shown on Diagram 1 of By-law 679-2023, if the requirements of by-law 679-2023 are complied with, a building or structure may be constructed, used, or enlarged in compliance with Regulations (B) to (U) below;
|
| (B) | Despite Regulations 50.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 90.85 metres and elevation of the highest point of the building or structure;
|
| (C) | Despite Regulations 50.10.40.10(1), the permitted maximum height of a building or structure is the number following the HT symbol in metres as shown on Diagram 3 of By-law 679-2023;
|
| (D) | Despite Regulations 50.5.40.10 (3) to (8) and 50.10.40.10(3), and (C) above, the following equipment and structures may project beyond the permitted maximum height of a building:
|
|
| (i) | Wind screens, parapets, terrace or balcony guardrails, ornamental elements, pavers, balustrades, railings and dividers, pergolas, trellises, planters, eaves, privacy screens, stair enclosures, skylights, mechanical equipment, mechanical and architectural screens, access hatches, roof assemblies, roof drainage, chimneys, vents, lightning rods, light fixtures, pavers, elements of a green roof, structures located on the roof used for outside or open air recreation, chillers, air vents and exit hatch, by no more than 2.5 metres;
|
| (ii) | Elevator overrun, by no more than 4.0 metres;
|
| (iii) | Despite (i) above, privacy screening for outdoor amenity space, by no more than 3.0 metres;
|
|
| (E) | The total permitted maximum gross floor area for all uses on the lot is 8,150 square metres, of which:
|
|
| (i) | the permitted maximum gross floor area for residential uses is 7,850 square metres; and
|
| (ii) | the permitted maximum gross floor area for non-residential uses is 400 square metres;
|
|
| (F) | Despite Regulations 50.10.40.50 (1), a building with 20 or more dwelling units must provide amenity space at the following rate:
|
|
| (i) | at least 2.82 square metres for each dwelling unit as indoor amenity space must be provided and a portion may be allocated to a pet wash area, a guest suite or as a multi-purpose room or rooms; and
|
| (ii) | at least 0.94 square metres of outdoor amenity space for each dwelling unit must be provided in a location adjoining or directly accessible to an area containing indoor amenity space;
|
|
| (G) | Despite Regulation 50.5.40.40(3) the gross floor area of a building may be further reduced by the area of the building used for a pet wash area and a guest suite;
|
| (H) | A maximum of 1 guest suite may be permitted as amenity space, provided that it:
|
|
| (i) | has no food preparation facilities; and
|
| (ii) | is available for use on a temporary basis as overnight accommodation exclusively for persons visiting residents of the building;
|
|
| (I) | Despite Regulations 50.5.40.70(1) and 50.10.40.70(1)(3) and (5) and 50.10.40.80(1) and (3) and Section 600.10 the required minimum building setbacks and minimum distance between main walls must be provided as shown in metres on Diagram 3 of By-law 679-2023;
|
| (J) | Despite Clause 50.5.40.60(1) and 50.10.40.60, and (I) above, the following elements may encroach into the required minimum building setbacks and separation distances as follows:
|
|
| (i) | Cornices, eaves, light fixtures, parapets, landscaping features, trellises, window sills, ornamental elements, ventilation shafts, balustrades, guardrails, railings, wheelchair ramps, screening, stair enclosures, doors, underground garages ramp and associated structures, wheelchair ramps, damper, window washing equipment, up to a maximum of 0.5 metres;
|
| (ii) | Canopies, awnings and balconies are permitted up to a maximum of 1.5 metres. However, balconies along the south elevation are not permitted above a height of 36.15 metres;
|
| (iii) | Private terraces at all levels up to a maximum of 4.0 metres; and
|
| (iv) | Structures used for outside or open air recreation, safety or wind protection, up to a maximum of 1.6 metres;
|
|
| (K) | Despite Regulation 200.5.1.10 (1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
|
|
| (i) | parking spaces are not required for residential uses;
|
| (ii) | parking spaces are not required for non-residential uses;
|
| (iii) | parking spaces are not required for residential visitor uses;
|
| (iv) | a minimum of 1 parking space must be provided and marked for short-term delivery and service vehicles; and
|
| (v) | a minimum of 3 parking spaces must be provided and marked for short-term drop-off vehicles;
|
|
| (L) | Despite Regulation 200.5.1.10(2), parking spaces required by (K) (iv) and (v) above, parking spaces with a minimum width of 2.6 metres and a minimum length of 5.6 metres do not need to be increased by 0.3 metres for each side of the parking space that is obstructed;
|
| (M) | Regulation 50.10.80.1 (1) Outdoor Parking Restriction does not apply;
|
| (N) | Despite Regulation 50.10.80.20.(1) parking space to be set back from a lot line does not apply;
|
| (O) | Despite Regulations 220.5.1.10 (1) and 220.5.10.1(2), a minimum of one Type "C" loading space must be provided;
|
| (P) | Despite Regulations 200.15.10(1)(2) and Clauses 200.15.10.5 and 200.15.10.10, no accessible parking spaces are required to be provided on the lot;
|
| (Q) | Despite Regulation 230.5.1.10(10), "long-term" and "short-term" bicycle parking spaces may be located in a stacked bicycle parking space;
|
| (R) | Despite Regulations 230.5.1.10 (4)(B) and 230.5.1.10 (5)(A), a bicycle parking space in a vertical position may be provided with the following dimensions:
|
|
| (i) | a minimum vertical length of 1.9 metres;
|
| (ii) | a minimum width of 0.45 metres; and
|
| (iii) | a minimum horizontal clearance from the wall of 1.2 metres;
|
|
| (S) | Despite Regulations 230.5.1.10(4)(A)(C) and 230.5.1.10 (5)(A), a stacked bicycle parking space may be provided with the following dimensions:
|
|
| (i) | a minimum length of 1.8 metres;
|
| (ii) | a minimum width of 0.45 metres;
|
| (iii) | a minimum vertical clearance of 1.2 metres; and
|
| (iv) | a combined vertical dimension for two stacked bicycle parking spaces of at least 2.4 metres;
|
|
| (T) | Despite Regulation 230.50.1.20(1), a "short-term" bicycle parking space may be located more than 30 metres from a pedestrian entrance to the building on the lot and may be located inside the building;
|
| (U) | A minimum of twenty percent of the total number of dwelling units on the lot must contain a minimum of two bedrooms, and a minimum of eleven percent of the total number of dwelling units on the lot must contain a minimum of three or more bedrooms.
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2)270 of former City of Toronto By-law 438-86. [ By-law: 679-2023(OLT) ]
|
|
| (46) | Exception CRE 46 |
| 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 462 Wellington Street West and part of 489-539 King Street West, if the requirements of By-law 1047-2022 are complied with, a mixed use building containing a nursing home, residential care home or "retirement home" with bedsitting rooms and/or dwelling units may be constructed, used or enlarged in compliance with Regulations (B) to (X) below;
|
| (B) | For the purpose of this exception, "retirement home" means premises used for semi-independent living accommodation for senior citizens in bed-sitting rooms and/or dwelling units, with common dining and lounge areas;
|
| (C) | Despite Regulations 50.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 86.48 metres and the elevation of the highest point of the building or structure;
|
| (D) | Despite Regulation 50.10.40.10(1) and (2), 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 1047-2022;
|
| (E) | Despite Regulations 50.5.40.10(3) to (8), 50.10.40.10 (3) and (D) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 6 of By-law 1047-2022:
|
|
| (i) | enclosed stairwells, roof access, elevator overruns, maintenance equipment storage, elevator shafts, by a maximum of 3 metres;
|
| (ii) | architectural features, parapets, and elements and structures associated with a green roof, lighting fixtures, planters and landscape features by a maximum of 2 metres;
|
| (iii) | window washing equipment, flagpoles, and telecommunications equipment, by a maximum of 5 metres; and
|
| (iv) | trellises, pergolas, unenclosed structures providing safety or wind protection to rooftop amenity spaces, guard rails and railings, privacy and or divider screens and partitions on a balcony and/or terrace by a maximum of 3 metres;
|
|
| (F) | Despite Regulations 50.5.40.10 (4) (A), and 50.10.40.10.3(A) and (E), mechanical equipment is not permitted to exceed the maximum permitted height on Diagram 6 of By-law 1047-2022 and must be wholly enclosed within the building envelope shown on Diagram 6 of By-law 1047-2022;
|
| (G) | Despite Regulation 50.5.1.10 (3), the permitted maximum gross floor area of all buildings and structures on the lot is 22,360 square metres, of which:
|
|
| (i) | the permitted maximum gross floor area for residential uses is 14,790 square metres provided that the residential uses include a "retirement home", nursing home or residential care home with bedsitting rooms and/or dwelling units;
|
| (ii) | the permitted maximum gross floor area for non-residential uses is 7,570 square metres;
|
|
| (H) | Despite (G) (i) above, a maximum number of 29 dwelling units is permitted on the lot;
|
| (I) | In addition to Regulation 50.5.40.40(3), the gross floor area of a mixed use building is also reduced by the area in the building used for mechanical equipment, provided it is wholly enclosed within the building;
|
| (J) | Despite Clauses 50.10.40.70, 50.10.40.71, 50.10.40.80 and 50.10.40.81 the required minimum building setbacks are shown in metres on Diagram 6 of By-law 1047-2022;
|
| (K) | A required minimum ground floor building setback of 1.6 to 2.0 metres must be provided on the east side of the building from the east lot line as shown in metres by the dashed line on Diagram 6 of By-law 1047-2022;
|
| (L) | A required minimum seventh floor building setback of 2.6 metres must be provided on the east side of the building from the east lot line as shown in metres by the dashed line on Diagram 6 of By-law 1047-2022;
|
| (M) | A required minimum seventh floor building setback of 7.0 metres must be provided on the south side of the building from the south lot line as shown in metres by the dashed line on Diagram 6 of By-law 1047-2022;
|
| (N) | Despite Regulation 5.10.40.70 (1) and Clause 50.10.40.60, the following elements may encroach into the required minimum building setbacks as follows:
|
|
| (i) | balconies, guards, dividers, windscreens, railings, balustrades, art installations, landscape features, architectural elements, bay windows, pilasters, pillars, columns, wheel chair ramps, elements or structures used for outdoor or open-air recreation or green roof to a maximum of 1.5 metres;
|
| (ii) | porches, decks, canopies and awnings up to a maximum of 2.5 metres; and
|
| (iii) | window projections, sills, light fixtures, eaves, cornices and signage up to a maximum of 0.5 metres;
|
|
| (O) | Despite Regulations 50.10.80.1(3), 200.5.10.1(1), Table 200.5.10.1, and Regulation 200.5.200.50(1), a minimum of 22 parking spaces must be provided and maintained on the lot;
|
| (P) | If a parking space is provided as a stacked parking space, the elevating device is not considered an obstruction, as described in Regulation 200.5.1.10 (2) (D), and additional width for the parking space is not required;
|
| (Q) | Despite Regulation 200.5.1.10(2)(D), electric vehicle charging equipment is not considered an obstruction provided that the equipment is located in the same parking space as the vehicle to be charged, and
|
|
| (i) | is within 0.25 metres of two adjoining sides of the parking spaces which are not adjacent and parallel to the drive aisle from which vehicle access is provided, measured at right angles; or
|
| (ii) | is at least 5.35 metres from a drive aisle from which vehicle access is provided measures at rights angles, and at least 1.0 metre from the ground.
|
|
| (R) | Despite Clause 220.5.10.1, loading spaces must be provided and maintained on the lot as follows:
|
|
| (i) | A minimum of one Type "B" loading space; and
|
| (ii) | A minimum of one Type "C" loading space;
|
|
| (S) | Despite Regulation 230.5.1.10(9)(A)(iii) and (B) (iii) required "long term" bicycle parking spaces for all uses, may be located on any level of the building below ground regardless of how much floor area is occupied by bicycle parking spaces;
|
| (T) | Despite Regulation 230.50.1.20(1) "short term" bicycle parking spaces may be located up to 70 metres from the pedestrian entrance to the building on the lot and in the "privately owned publicly-accessible open space" at the rear of the lot as described in (V) below;
|
| (U) | Despite Regulation 230.5.1.10(10), "short-term" bicycle parking spaces may also be located in a stacked bicycle parking space;
|
| (V) | A "privately owned publicly-accessible open space" with a minimum area of 230 square metres must be provided on the ground level generally as shown within the area identified on Diagram 6 of By-law 1047-2022;
|
|
| (i) | for the purpose of this exception, "privately owned publicly-accessible open space" means a space on the lot situated at ground level within the area with diagonal lines shown on Diagram 6 of By-law 1047-2022, that is accessible to the public, secured through appropriate legal agreements and may include pedestrian walkways, seating areas, landscaped plaza, short term bicycle parking required by By-law 1047-2022, and ornamental structures and is used principally for the purpose of sitting, standing and other recreational uses;
|
|
| (W) | Section 600.10 Building Setback Overlay District Map does not apply; and
|
| (X) | Regulation 50.10.40.30(1), regarding maximum building depth, does not apply.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1047-2022 Enacted ] |
| (47) | Exception CRE 47 |
| 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 241 Richmond Street West and 133 John Street, if the requirements of By-law 851-2022 are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (O) below;
|
| (B) | The permitted maximum gross floor area of all buildings or structures must not exceed 33,500 square metres, of which a minimum of 1,273 square metres must be non-residential gross floor area;
|
| (C) | 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 two or more bedrooms;
|
| (ii) | A minimum of 10 percent of the total number of dwelling units must have three or more bedrooms;
|
| (iii) | Any dwelling units with three or more bedrooms provided to satisfy (C)(ii) above are not included in the provision required by (C)(i) above;
|
| (iv) | An additional 15 percent of the total number of dwelling units will be any combination of two bedroom and three bedroom dwelling units, or dwelling units that can be converted into any combination of two and three bedroom dwelling units; and
|
| (v) | Convertible dwelling units, as described in (C)(iv) above, may be converted using accessible or adaptable design measures such as knock-out panels;
|
|
| (D) | Despite Regulation 50.5.40.10(1), the height of a building or structure is the distance between the Canadian Geodetic Datum of 88.0 metres and the elevation of the highest point of the building or structure;
|
| (E) | Despite Regulation 50.10.40.10(1), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 3C of By-law 851-2022, except that the permitted maximum height of the second storey is shown on Diagram 3A and the permitted maximum height of the eighth storey is shown on Diagram 3B;
|
| (F) | Despite Regulations 50.5.40.10(3) and 4 and (E) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagrams 3A, 3B and 3C of By-law 851-2022:
|
|
| (i) | equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, by a maximum of 7.0 metres;
|
| (ii) | structures that enclose, screen or cover the equipment, structures and parts of a building listed in (F)(i) above, inclusive of a mechanical penthouse, by a maximum of 7.0 metres;
|
| (iii) | architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 3.0 metres, provided they are located on the roof on the 35th storey or greater, and these elements have an additional projection beyond the specified projection in (F)(i) and (F)(ii);
|
| (iv) | architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 1.5 metres above the roof-of mechanical penthouse and above the maximum heights permitted in (F)(i) and (F)(ii);
|
| (v) | building maintenance units and window washing equipment, by a maximum of 5.0 metres; above the maximum heights permitted in (F)(i)
|
| (vi) | planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 3.0 metres; and
|
| (vii) | trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 4.0 metres;
|
|
| (G) | Despite Regulation 50.5.40.70(1), Clause 50.10.40.30 and Clause 50.10.40.70 and Article 600.10.10, the required minimum building setbacks and building depth are as shown in metres Diagrams 3A, 3B and 3C of By-law 851-2022;
|
| (H) | Despite Regulations 50.10.40.80(1) and (3) and Article 600.10.10, the required separation of main walls are as shown in metres on Diagrams 3A, 3B and 3C of By-law 851-2022;
|
| (I) | Despite Clause 50.5.40.60 and 50.10.40.60 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 2.6 metres in zone A only, as shown on Diagram 3B of By-law 851-2022, between storeys 4-8;
|
| (ii) | balconies by a maximum of 3.415 metres in zone A only, as shown on Diagram 3C of By-law 851-2022, at storey 9;
|
| (iii) | balconies by a maximum of 3.290 metres in zone A and 3.420 metres in zone B, as shown on Diagram 3C of By-law 851-2022, between storeys 10-17;
|
| (iv) | balconies by a maximum of 3.805 metres in zone A and 2.435 metres in zone B, as shown on Diagram 3C of By-law 851-2022, between storeys 18-33;
|
| (v) | balconies by a maximum of 3.360 metres in zone A and 1.990 metres in zone B, as shown on Diagram 3C of By-law 851-2022, at storey 34;
|
| (vi) | balconies by a maximum of 3.165 metres in zone B only, as shown on Diagram 3C of By-law 851-2022, between storeys 35-40;
|
| (vii) | canopies and awnings, by a maximum of 3.0 metres;
|
| (viii) | exterior stairs, access ramps and elevating devices, by a maximum of 3.0 metres;
|
| (ix) | cladding added to the exterior surface of the main wall of a building, by a maximum of 4.0 metres;
|
| (x) | architectural features, such as a pilaster, decorative column, projecting cornice, sill, belt course, or chimney breast, by a maximum of 3.5 metres;
|
| (xi) | window projections within base building height, including bay windows and box windows, by a maximum of 2.0 metres;
|
| (xii) | eaves, by a maximum of 2.0 metres;
|
| (xiii) | a dormer, by a maximum of 2.0 metres; and
|
| (xiv) | antennae, vents, and pipes, by a maximum of 1.0 metres;
|
|
| (J) | Despite Regulation 50.10.40.50(1) amenity space must be provided at a minimum rate of 2.32 square metres for each dwelling unit on the lot as follows:
|
|
| (i) | at least 1.15 square metres for each dwelling unit as indoor amenity space;
|
| (ii) | at least 1.17 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) | the outdoor component is not permitted to be a green roof;
|
|
| (K) | Despite Regulation 200.5.10.1 and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
|
|
| (i) | a minimum of 0.2 parking spaces per dwelling unit for the use of residents;
|
| (ii) | a minimum of 2 "car-share parking spaces"; and
|
| (iii) | no parking spaces are required for the use of residential visitors; and non-residential uses;
|
| (iv) | for the purpose of this exception, "car-share" means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit sharing organization and where such organization may require the use of cars be reserved in advance, charge fees based on time and/or kilometers driven, and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or may not be refundable; and
|
| (v) | for the purpose of this exception, a "car-share parking space" means a parking space exclusively reserved and actively used for "car-share" purposes, including by non-residents.
|
|
| (L) | Despite Regulation 200.5.1.10(2)(A)(iv), a maximum of 7 percent of the total number of parking spaces may be obstructed on one or two sides in accordance with 200.5.1.10(2)(D) without a requirement to increase the minimum width by 0.3 metres;
|
| (M) | Despite Regulation 200.15.10(1), a minimum of 4 of the required parking spaces must be accessible parking spaces;
|
| (N) | Despite Regulations 230.5.1.10(4) and (5), a stacked bicycle parking space must have the following minimum dimensions:
|
|
| (i) | Length of 1.82 metres;
|
| (ii) | Width of 0.45 metres; and
|
| (iii) | Vertical Clearance of 2.54 metres;
|
|
| (O) | Despite Regulations 220.5.10.1, a minimum of one Type "G" loading space must be provided on the lot.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 851-2022 Enacted ] |
| (48) | Exception CRE 48 |
| 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 224, 230, 236 and 240 Adelaide Street West, if the requirements of By-law 1042-2022 are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (Y) below;
|
| (B) | The permitted maximum gross floor area of all buildings or structures must not exceed 36,100 square metres, of which a minimum of 1,400 square metres must be non-residential gross floor area;
|
| (C) | 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 two or more bedrooms;
|
| (ii) | A minimum of 10 percent of the total number of dwelling units must have three or more bedrooms;
|
| (iii) | Any dwelling units with three or more bedrooms provided to satisfy (C)(ii) above are not included in the provision required by (C)(i) above;
|
| (iv) | An additional 15 percent of the total number of dwelling units will be any combination of two bedroom and three bedroom dwelling units, or dwelling units that can be converted into any combination of two and three bedroom dwelling units; and
|
| (v) | Dwelling units, as described in (C)(iv) above, may be converted using accessible or adaptable design measures such as knock-out panels;
|
|
| (D) | Despite Regulation 50.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 87.32 metres and the elevation of the highest point of the building or structure;
|
| (E) | Despite Regulation 50.10.40.10(1), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 3 of By-law 1042-2022;
|
| (F) | Above a height of 183.5 metres, the only permitted use is amenity space, to a maximum floor area of 650 square metres;
|
| (G) | Despite Regulations 50.5.40.10(3), 50.5.40.10(4), 50.5.40.10(6), 50.5.40.10(7) and 50.10.40.10(3) and (E) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law 1042-2022:
|
|
| (i) | equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, 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, inclusive of a mechanical penthouse, by a maximum of 3.0 metres;
|
| (iii) | architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 3.0 metres;
|
| (iv) | building maintenance units and window washing equipment, by a maximum of 3.0 metres;
|
| (v) | planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 3.0 metres; and
|
| (vi) | trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres;
|
|
| (H) | Regulations 50.5.40.10(5) and 50.5.40.10(8) with respect to height projections of elements for the functional operation of a building, do not apply;
|
| (I) | Despite Regulations 50.10.40.70(1), 50.10.40.70 (3), 50.10.40.70 (4), 50.10.40.70 (5), 50.10.40.80(1), 50.10.40.80(2), 50.10.40.80(3) and Article 600.10.10, the required minimum building setbacks and window separation are as shown in metres on Diagram 3 of By-law 1042-2022;
|
| (J) | Despite Clauses 50.5.40.60 and 50.10.40.60 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 1.5 metres;
|
| (ii) | canopies and awnings by a maximum of 2.5 metres;
|
| (iii) | terraces, to the same distance as the main wall directly below them;
|
| (iv) | exterior stairs, access ramps and elevating devices, by a maximum of 1.5 metres;
|
| (v) | cladding added to the exterior surface of the main wall of a building, by a maximum of 1.5 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 1.5 metres;
|
| (viii) | eaves, by a maximum of 1.5 metres;
|
| (ix) | a dormer, by a maximum of 1.5 metres; and
|
| (x) | air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 1.5 metres;
|
|
| (K) | Despite (J)(i) above, balconies are not permitted on the north main wall of a building between the Canadian Geodetic Datum of 87.32 metres and a height of 38.4 metres; and
|
|
| (i) | For the purpose of (K) above, a terrace and a green roof are not a balcony;
|
|
| (L) | Despite (E), (G), (I) and (J) above, within "Area A" shown on Diagram 3 of By-law 1042-2022, the north main wall must be set back a minimum of 3.8 metres from the north lot line between a height of 16.5 and 38.0 metres; and
|
|
| (i) | only columns, shear walls and architectural cladding may encroach within the building setback required in (L), to a maximum of 1.5 metres;
|
|
| (M) | Despite (E), (G), (I) and (J) above, within "Area B" shown on Diagram 3 of By-law 1042-2022, the south main wall must be set back a minimum of 1.1 metres from the south lot line between the Canadian Geodetic Datum of 87.32 metres and a height of 5.5 metres; and
|
|
| (i) | only columns, shear walls and architectural cladding, and canopies may encroach within the building setback required in (M);
|
|
| (N) | Despite (E), (G), (I) and (J) above, within "Area C" shown on Diagram 3 of By-law 1042-2022, the west main wall must be set back a minimum of 0.5 metres from the west lot line, between the Canadian Geodetic Datum of 87.32 metres and a height of 5.5 metres; and
|
|
| (i) | only columns, shear walls and architectural cladding, and canopies may be located within the building setback required in (N);
|
|
| (O) | Despite Regulation 50.10.40.50(1), amenity space must be provided at a minimum rate of 2.5 square metres for each dwelling unit on the lot as follows:
|
|
| (i) | at least 2.0 square metres for each dwelling unit as indoor amenity space;
|
| (ii) | at least 350 square metres of outdoor amenity space, of which a minimum of 40 square metres is outdoor amenity space 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;
|
|
| (P) | Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
|
|
| (i) | no parking spaces for the use of residential occupants; and
|
| (ii) | a minimum of 3 parking spaces are required on the ground level for the shared use of residential visitors and non-residential uses;
|
|
| (Q) | Despite Regulation 200.5.1.10(2), any parking spaces provided on the lot within an "automated parking system" may have a minimum width of 2.6 metres, and be obstructed on one side, 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;
|
|
| (i) | for the purpose of this exception, an "automated parking system" means a mechanical system for the purpose of parking and retrieving vehicles with or without drivers in the vehicle during parking and without the use of ramping or drive aisles, and where automated maneuvering of other vehicles may be required for vehicles to be parked or retrieved;
|
|
| (R) | Despite Regulation 200.5.1.10(2)(D), Electric Vehicle Infrastructure, including electrical vehicle supply equipment, does not constitute an obstruction to a parking space;
|
| (S) | Regulations 200.5.1.10(5), (6) and (14) do not apply to parking spaces in an "automated parking system";
|
| (T) | Despite Regulation 200.15.10(1) and Clauses 200.15.10.5 and 200.15.10.10, accessible parking spaces are not required;
|
| (U) | Despite 200.5.1.10(13), access to parking spaces may be provided by an "automated parking system";
|
| (V) | Regulations 200.5.1(3) and (12) do not apply to an "automated parking system", provided that the access to the elevating mechanism enclosure of the "automated parking system" complies with the following minimum dimensions:
|
|
| (i) | Length of 5.6 metres;
|
| (ii) | Width of 3.4 metres;
|
| (iii) | Vertical clearance of 2.1 metres; and
|
| (iv) | the entire length of the elevating mechanism enclosure must be adjacent to a 1.5 metre wide accessible barrier free aisle or path;
|
|
| (W) | Despite Regulations 220.5.10.1(1), (2), (3), (5), and (6), loading spaces shall be provided and maintained on the lot in accordance with the following:
|
|
| (i) | 1 Type "C" loading space; and
|
| (ii) | 1 shared Type "G" and Type "B" loading space;
|
|
| (X) | Despite Regulation 230.5.1.10(4)(B), vertical bicycle parking spaces must have the following minimum dimensions:
|
|
| (i) | Length or vertical clearance of 1.9 metres;
|
| (ii) | Width of 0.4 metres; and,
|
| (iii) | Horizontal clearance from the wall of 1.2 metres;
|
|
| (Y) | Despite Reglation 230.5.1.10.(9)(B)(iii), "long-term" bicycle parking spaces may be located on the first or second level of the building below-ground.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1042-2022 Enacted ] |
| (49) | Exception CRE 49 |
| 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 254 and 260 Adelaide Street West, if the requirements of By-law 920-2022 are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (V) below;
|
| (B) | In addition to the non-residential uses permitted in Regulations 50.10.20.10(1)(A) and 50.10.20.20(1)(A), public parking and "paramedic post", as described in (C)(v) below, are also permitted;
|
| (C) | The permitted gross floor area of all buildings or structures must not exceed 53,500 square metres, of which:
|
|
| (i) | The permitted maximum gross floor area for residential uses is 52,500 square metres;
|
| (ii) | The required minimum gross floor area for non-residential uses is 1,500 square metres;
|
| (iii) | A minimum of 925 square metres of the permitted non-residential gross floor area is required for a community centre;
|
| (iv) | A minimum of 110 square metres of the permitted non-residential gross floor area is required for a "paramedic post"; and
|
| (v) | For the purpose of this exception, "paramedic post" means premises used and operated by medical professionals and paramedics dealing with medical emergencies, as well as complex non-emergency hospital admissions, discharges and transfers. A paramedic post may include an ambulance depot;
|
|
| (D) | 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 two or more bedrooms;
|
| (ii) | A minimum of 10 percent of the total number of dwelling units must have three or more bedrooms;
|
| (iii) | Any dwelling units with three or more bedrooms provided to satisfy (D)(ii) above are not included in the provision required by (D)(i) above;
|
| (iv) | An additional 15 percent of the total number of dwelling units will be any combination of two bedroom and three bedroom dwelling units, or dwelling units that can be converted into any combination of two and three bedroom dwelling units; and
|
| (v) | Dwelling units, as described in (D)(iv) above, may be converted using accessible or adaptable design measures such as knock- out panels;
|
|
| (E) | In addition to the areas of a building listed in Regulation 50.5.40.40(3), the gross floor area of a mixed use building is also reduced by the area in the building used for public parking below-ground;
|
| (F) | Despite Regulations 50.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 87.10 metres and the elevation of the highest point of the building or structure;
|
| (G) | Despite Regulation 50.10.40.10(1), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 3 of By-law 920-2022;
|
| (H) | Despite Regulations 50.5.40.10(3), (4), (5), (6), (7), and (8), 50.10.40.10(3) and (G) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law 920-2022 as follows:
|
|
| (i) | equipment used for the functional operation of the building including electrical, utility, ventilation and mechanical equipment, including mechanical penthouses, by a maximum of 8.5 metres;
|
| (ii) | divider screens, on a balcony and/or terrace, planters, landscape features, guard rails, enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, architectural features, parapets, and lighting rods by a maximum of 3.0 metres;
|
| (iii) | trellis, pergolas and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 4.0 metres;
|
| (iv) | window washing equipment, building maintenance units and related screening may project above the permitted height limit for the mechanical penthouse as set out in subsection (H)(i) by a maximum of 5.0 metres; and
|
| (v) | elements listed in subsection (H)(ii) may project above the permitted height limit for the mechanical penthouse as set out in subsection (H)(i) by a maximum of 3.0 metres.
|
|
| (I) | In the area labelled "Throughway" on Diagram 3a of By-law 920-2022, a continuous area measuring a minimum height of 6.0 metres and a minimum width of 5.5 metres, which has no buildings or structures, except for structures required for landscaping and soft landscaping, must be provided commencing from the north part of the building in the "Throughway" and ending in the south part of the building in the "Throughway";
|
| (J) | Despite Regulations 50.5.40.70(1), 50.10.40.70(1), (3), and (5), Article 600.10.10, and Clause 50.10.40.80, the required minimum building setbacks, building setbacks from a lane and minimum above ground separation distances are as shown in metres on Diagram 3 of By-law 920-2022;
|
| (K) | Despite (J) above and Regulations 50.10.40.60(1) to (8), the following elements of a building or structure may encroach into the required building setbacks and main wall separation distances shown on Diagram 3 of By-law 920-2022 as follows:
|
|
| (i) | planters, light fixtures, decorative screens, privacy screens, ornamental elements, art and landscape features, landscaping, public art, ventilation shafts, railings, fences, site servicing features, retaining walls, bollards, wheel chair ramps and vehicular parking ramps, by a maximum of 3.0 metres;
|
| (ii) | balconies, balcony guards and dividers, by a maximum of 2.0 metres;
|
| (iii) | awnings, canopies and all vertical extensions of such awnings and canopies, lighting fixtures, architectural features, planters, guardrails, and stairs; by a maximum of 1.5 metres;
|
| (iv) | eaves, roof drainage, light fixtures, parapets, window washing equipment, architectural flutes and window sills, by a maximum of 1.0 metre; and
|
| (v) | outdoor patios on the ground level may encroach into required building setbacks outside the areas delineated as "Privately Owned Public Space" on Diagram 3A of By-law 920-2022;
|
|
| (L) | Despite Regulation 50.10.40.50(1) amenity space must be provided at a minimum rate of 2.5 square metres for each dwelling unit on the lot as follows:
|
|
| (i) | at least 1.5 square metres for each dwelling unit as indoor amenity space;
|
| (ii) | at least 1.0 square metres for each dwelling unit as outdoor amenity space, of which 40 square metres must be in a location adjoining or directly accessible to the indoor amenity space; and
|
| (iii) | none of the outdoor component may be a green roof;
|
| (iv) | indoor amenity space may include guest suites that do not exceed an aggregate gross floor area of 100.0 square metres; and
|
| (v) | for the purposes of this exception, guest suites units do not constitute dwelling units;
|
|
| (M) | Despite Regulation 200.5.10.1 and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
|
|
| (i) | a minimum of 0.01 parking spaces per dwelling unit for the use of residential visitors;
|
| (ii) | no parking spaces are required for the use of residential occupants or non-residential uses;
|
| (iii) | parking spaces for residential visitors in (L)(i) may be provided as part of a public parking use;
|
| (iv) | "car share parking spaces" are permitted, as defined in (v) and (vi) below;
|
| (v) | for the purpose of this exception, "car-share" means the practice whereby a number of people share the use of one or more motor vehicles and such "car-share" motor vehicles are made available to at least the occupants of the building for short-term rental, including hourly rental; and
|
| (vi) | for the purpose of this exception, "car-share parking space" means a parking space exclusively reserved and signed for a vehicle used only for "car-share" purposes; and
|
| (vii) | for the purpose of this exception, a "car-share parking space" means a parking space exclusively reserved and actively used for "car-share" purposes, including by non-residents;
|
|
| (N) | Despite Regulation 200.5.1.10(2)(A)(iv) and (D), a maximum of 10 parking spaces may have a minimum width of 2.6 metres and obstructed on one or two sides, 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;
|
| (O) | Despite Regulations 200.5.1.10(2)(A)(iv) and (D), electric vehicle infrastructure, including electrical vehicle supply equipment, does not constitute an obstruction to a parking space;
|
| (P) | Equipment for the charging of one electric vehicle is permitted within a parking space, subject to the equipment being located in the same parking space as the vehicle to be charged and:
|
|
| (i) | being within 0.25 metres of two adjoining sides of the parking space which are not adjacent and parallel to a drive aisle from which vehicle access is provided, measured at right angles; or
|
| (ii) | being at least 5.35 metres from a drive aisle from which vehicle access is provided, measured at right angles, and at least 1.0 metre from the ground;
|
|
| (Q) | Despite Regulation 200.25.15(1) and 200.25.2(1), accessible parking spaces must be provided in accordance with the accessible parking rates in Clauses 200.15.10.10 and 200.15.10.5;
|
| (R) | Despite Regulations 200.15.1(1) to (4), accessible parking spaces must be provided in accordance with the following:
|
|
| (i) | An accessible parking space must have the following minimum dimensions:
|
|
| (a) | width of 3.4 metres;
|
| (b) | length of 5.6 metres; and
|
| (c) | vertical clearance of 2.1 metres;
|
|
| (ii) | The entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path on one side of the accessible parking space; and
|
| (iii) | Accessible parking spaces must be located within 25.0 metres of a barrier free entrance to a building or passenger elevator that provides access to the first storey of the building;
|
|
| (S) | Despite Regulations 230.5.1.10(4),), a stacked bicycle parking space must have the following minimum dimensions:
|
|
| (i) | width of 0.2 metres;
|
| (ii) | length of 1.2 metres; and
|
| (iii) | vertical clearance of 1.2 metres;
|
|
| (T) | Despite Regulation 230.5.1.10(5)(A), an area used to provide bicycle parking spaces must have a minimum vertical clearance of 1.2 metres for stacked bicycle parking spaces;
|
| (U) | Despite Regulations 230.5.1.10(9) and (10), and Clause 230.40.1.20, "long-term" and "short-term" bicycle parking spaces may be:
|
|
| (i) | located in a stacked bicycle parking space arrangement, in any combination of vertical, horizontal or stacked positions;
|
| (ii) | located outdoors or indoors in a secure or enclosed room or enclosure on any floor of a building above or below ground level; and
|
| (iii) | located more than 30 metres from a pedestrian entrance;
|
|
| (V) | Despite Regulation 220.5.10.1(2) and (3), a minimum of one Type "C" and one Type "G" loading space must be provided.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 920-2022 Enacted ] |
| (50) | Exception CRE 50 |
| 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 14 Duncan Street, and 180, 184 and 188 Pearl Street, if the requirements of By-law 973-2022 are complied with, a mixed use building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (S) below;
|
| (B) | Despite Regulations 50.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 86.36 metres and the elevation of the highest point of the building or structure;
|
| (C) | In addition to the permitted non-residential uses with conditions listed in Regulation 50.10.20.20(1)(A), public parking is permitted provided it is located in a below ground parking garage;
|
| (D) | The permitted maximum gross floor area of all buildings and structures on the lot is 34,300 square metres, of which:
|
|
| (i) | the required minimum gross floor area for non-residential uses is 6,800 square metres;
|
|
| (E) | The provision of dwelling units is subject to the following:
|
|
| (i) | A minimum of 22 percent of the total number of dwelling units must have two or more bedrooms;
|
| (ii) | A minimum of 11 percent of the total number of dwelling units must have three or more bedrooms; and
|
| (iii) | Any dwelling units with three or more bedrooms provided to satisfy (E)(ii) above are not included in the provision required by (E)(i) above.
|
|
| (F) | Despite Clause 50.10.40.10, 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 973-2022;
|
| (G) | Despite Regulations 50.5.40.10(4) to (7), 50.10.40.10(3) and (F) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law 973-2022:
|
|
| (i) | equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, chimneys, and vents, by a maximum of 5.0 metres;
|
| (ii) | structures that enclose, screen or cover the equipment, structures and parts of a building listed in (i) above, inclusive of a mechanical penthouse, by a maximum of 5.0 metres;
|
| (iii) | architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 2.5 metres;
|
| (iv) | building maintenance units and window washing equipment, by a maximum of 5.0 metres;
|
| (v) | planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 2.5 metres; and
|
| (vi) | trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.8 metres.
|
|
| (H) | Despite Regulation 50.5.40.10(8) and (G) above, no building, equipment or structure may project beyond a maximum height of 157.0 metres, except for chimneys, pipes and vents to a maximum of 3.0 metres;
|
| (I) | Regulation 50.10.40.30(1) with respect to maximum permitted building depth does not apply;
|
| (J) | Despite Regulations 50.10.40.70(1), (4) and (5), and 50.10.40.80(1), (2) and (3), and Article 600.10.10, the required minimum building setbacks and minimum above-ground separation distance are as shown in metres on Diagram 3 of By-law 973-2022;
|
| (K) | Despite (F) and (J) above, no portion of a building or structure may be located within the hatched areas shown on Diagram 3 of By-law 973-2022, as follows:
|
|
| (i) | between a height of 13.0 metres and a height of 23.9 metres;
|
| (ii) | between a height of 17.0 metres and a height of 23.9 metres; and
|
| (iii) | between a height of 20.9 metres and a height of 23.9 metres.
|
|
| (L) | Despite Regulations 50.5.40.60(1) and 50.10.40.60(1) to (8), and (J) and (K) above, the following building elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
|
|
| (i) | canopies and awnings, by a maximum of 2.5 metres;
|
| (ii) | exterior stairs, access ramps and elevating devices;
|
| (iii) | cladding added to the exterior surface of the main wall of a building, by a maximum of 1.0 metres;
|
| (iv) | architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 2.5 metres;
|
| (v) | window projections, including bay windows and box windows, by a maximum of 1.0 metres;
|
| (vi) | eaves, by a maximum of 2.5 metres;
|
| (vii) | a dormer, by a maximum of 2.5 metres;
|
| (viii) | air conditioners, satellite dishes, antennae, vents, and pipes; and
|
| (ix) | terraces, inclusive of platforms, guards, and parapets, to the extent of the main walls of the storey located below.
|
|
| (M) | Despite Regulations 200.5.10.1(1), Table 200.5.10.1, 200.5.10.1(6), 200.10.1(2) and 200.5.200.50(1), vehicle parking spaces must be provided in accordance with the following:
|
|
| (i) | a minimum of 0.26 residential occupant parking spaces for each dwelling unit; and
|
| (ii) | a minimum of 24 parking spaces for the shared use of residential visitors and non-residential uses, which may be provided as public parking.
|
|
| (N) | Despite Regulation 200.5.1.10(13), a vehicle elevator is not an obstruction to the access of a parking space, provided that a minimum of 2 vehicle queuing spaces are provided in a stacking aisle within the building;
|
| (O) | Despite Clause 220.5.10.1, loading spaces must be provided and maintained in accordance with the following minimum requirements:
|
|
| (i) | One Type "G" loading space; and
|
| (ii) | One Type "B" loading space.
|
|
| (P) | Despite Regulation 230.5.1.10(10), "short-term" bicycle parking spaces may also be located in a stacked bicycle parking space;
|
| (Q) | Clause 230.5.10.11, regarding bicycle parking rate exemptions for a lawfully existing building, does not apply;
|
| (R) | Regulation 50.10.40.10(2), regarding heritage building volume permissions beyond the permitted maximum height, does not apply; and
|
| (S) | Article 600.10.10 respecting building setbacks, building separation, separation of main walls, and projections and encroachments into building setbacks and angular planes, does not apply.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 973-2022 ] |
| (51) | Exception CRE 51 |
| 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 120, 122, 124, 126 and 128 Peter Street and 357 and 359 Richmond Street West, if the requirements of By-law 1165-2022(OLT) are complied with, a mixed use building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (DD) below;
|
| (B) | Despite Regulations 50.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 88.30 metres and the elevation of the highest point of the building or structure;
|
| (C) | In addition to the permitted uses listed in Regulations 50.10.20.10 (1) and 50.10.20.20 (1) the following additional uses are permitted:
|
|
| (i) | public parking;
|
| (ii) | car-share; and
|
| (iii) | temporary sales facility;
|
|
| (D) | Despite Regulation 50.10.40.10 (1) and (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 1165-2022(OLT);
|
| (E) | Despite Regulations 50.5.40.10 (3) to (8) and 50.10.40.10 (2) and (3) and (D) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law 1165-2022(OLT):
|
|
| (i) | structures and elements related to outdoor flooring and roofing assembly by a maximum of 0.5 metres;
|
| (ii) | structures and elements used for green roof purposes, mechanical elements, mechanical intake and exhaust ventilations, chimneys, garbage chutes, light fixtures, signage, lightning rods, green energy and renewable energy facilities (such as solar panels) by a maximum of 2.0 metres;
|
| (iii) | parapets, exterior cladding elements, ornamental or architectural features, dormers, planters, water features, bollards, fences, terrace dividers, privacy and architectural screens, outdoor furniture, artworks, by a maximum of 2.5 metres;
|
| (iv) | access to rooftops and terraces such as access hatches, stairs, ladders, ramps, elevator overruns, guardrails, railings and safety railings by a maximum of 3.0 metres;
|
| (v) | structures and elements for pool and pool accessories, cabanas, pergolas, trellises, by a maximum of 3.6 metres;
|
| (vi) | emergency generator and support structures by a maximum of 4 metres;
|
| (vii) | structures, elements and architectural features for wind mitigation and window washing equipment by a maximum of 5.5 metres; and
|
| (viii) | cooling tower and support structures by a maximum of 6.0 metres;
|
|
| (F) | Despite (E) above and with the exception of wind mitigation features, safety railings, lightning rods and window washing equipment which may project vertically to the maximum extent described in (E) above, and flight warning fixtures, nothing can project beyond a maximum height of 123.55 metres on the north side of the building and a maximum height of 141.36 metres on the south side of the building in the area illustrated as 'Sloped Roof' on Diagram 3 of By-law 1165-2022(OLT);
|
| (G) | Despite (E) above, only equipment used for the functional operation of the heritage building(s) such as, but not limited to, venting, mechanical elements generators, telecommunication infrastructure, and chimney stacks, and such elements provided as part of an approved conservation plan for the heritage building(s), may project above the height limits of 11.5 metres and 12 metres illustrated on Diagram 3 of By-law 1165-2022(OLT);
|
|
| (i) | For the purposes of interpreting this By-law, the 11.5 metre and 12 metre height limits apply to the extent of the heritage buildings illustrated on Diagram 4 of By-law 1165-2022(OLT);
|
|
| (H) | Despite Regulation 50.5.1.10 (3) and 50.5.40.40 (3) the permitted maximum gross floor area of all buildings and structures on the lot is 23,100 square metres, of which:
|
|
| (i) | the permitted maximum gross floor area for residential uses is 22,800 square metres; and
|
| (ii) | the permitted maximum gross floor area for non-residential uses is 6,300 square metres, excluding the gross floor area associated with the public parking use;
|
|
| (I) | In addition to the elements which reduce gross floor area listed in Regulation 50.5.40.40(3), the following elements also reduce the gross floor area of a building:
|
|
| (i) | areas used to access parking spaces and loading spaces; and
|
| (ii) | open to below areas within the building, void space;
|
|
| (J) | Dwelling units on the lot must include:
|
|
| (i) | a minimum of 20 percent of the total number of dwelling units must contain two bedrooms;
|
| (ii) | a minimum of 10 percent of the total number of dwelling units must contain three bedrooms; and
|
| (iii) | in the event that the calculation of the number of proposed dwelling units with two or three bedrooms results in a number with a fraction, the number of dwelling units shall be rounded up to the next whole number;
|
|
| (K) | Despite Regulation 50.10.40.50(1), amenity space on the lot must be provided at the following rates:
|
|
| (i) | if the building contains a hotel use:
|
|
| (a) | at least 3.43 square metres for each dwelling unit as indoor amenity space of which a minimum of 1.4 square metres per dwelling unit is for the exclusive use of residents, and the balance may be accessible to hotel users; and
|
| (b) | at least 1.59 square metres for each dwelling unit as outdoor amenity space of which a minimum of 0.83 square metres per dwelling unit is for the exclusive use of residents, and the balance may be accessible to hotel users;
|
|
| (ii) | if the building does not contain a hotel use:
|
|
| (a) | at least 2.1 square metres for each dwelling unit as indoor amenity space; and
|
| (b) | at least 1.9 square metres for each dwelling unit as outdoor amenity space;
|
|
| (iii) | when calculating the provision in square metres of indoor amenity space, the area is measured as the area bounded by the interior surface of demising walls separating amenity spaces from other spaces and the interior surface of all exterior walls, and includes areas within the amenity space occupied by mechanical/utility and structural columns;
|
|
| (L) | Despite Clauses 50.10.40.70, 50.10.40.71, 50.10.40.80 and 50.10.40.81 the required minimum building setbacks are as shown in metres on Diagram 3 of By-law 1165-2022(OLT);
|
| (M) | A required minimum building setback of 10 metres from the north property line along Richmond Street West and 16 metres from the west property line must be provided at a height from 12 metres to 16 metres above the heritage building situated on the north portion of the lot, in the area of the dashed line as shown in metres on Diagram 4 of By-law 1165-2022(OLT);
|
| (N) | A required minimum building setback of 11 metres from the east property line along Peter Street and 20 metres from the south property line must be provided at a height from 12 metres to 16 metres above the heritage building on the east portion of the lot, in the area of the dashed line as shown in metres on Diagram 4 of By-law 1165-2022(OLT);
|
| (O) | Despite Clause 50.10.40.60 and (L), (M) and (N) above, the following elements may encroach into the required minimum building setbacks as follows:
|
|
| (i) | lighting fixtures, signage and directory pylons, street furniture, fire hose connections, gas meters, canopies, including supporting structures, awnings, lighting trellises, guardrails, balustrades, railings, stairs, stair enclosures, wheel chair ramps, vents, ramps to underground parking areas and associated enclosures, piers and sun-shades, landscape and green roof elements, wind mitigation structures, covers over walkways, privacy screens, planters, fencing, bollards, safety railings, trellises, guards, retaining walls, bicycle parking facilities, ornamental or architectural features, and art installations, and cladding added to the exterior surface of a main wall;
|
| (ii) | balconies to a maximum of 1 metre;
|
| (iii) | cornices, sills and eaves to a maximum of 0.5 metres; and
|
| (iv) | equipment used for the functional operation of the heritage building(s) and such elements provided as part of an approved conservation plan for the heritage building(s);
|
|
| (P) | Despite (L), (M), (N) and (O) above, balcony encroachments are not permitted within the balcony restriction zones on the east and west sides of the building in the area illustrated with the hatched lines on Diagram 4 of By-law 1165-2022(OLT);
|
| (Q) | Despite Regulations 50.5.80.10 (1), 200.5.1 (2), and 200.5.10.1 (1) and (5), Clause 200.20.10, and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
|
|
| (i) | a minimum of 0.17 residential occupant parking spaces for each dwelling unit;
|
| (ii) | no residential visitor parking spaces are required;
|
| (iii) | 0.2 parking spaces per 100 square metres of floor area for hotel uses up to a maximum of 14 parking spaces;
|
| (iv) | with the exception of (iii) above and (v) below, no parking spaces are required for non-residential uses;
|
| (v) | if the building contains a hotel use a minimum of 2 parking spaces must be provided for pick-up and drop-off for the hotel use; and
|
| (vi) | up to 35 of the residential occupant parking spaces required in (Q) (i) above may be provided and maintained as off-site parking spaces on the lands municipally known in the year 2017 as 102-118 Peter Street and 350-354 Adelaide Street West and illustrated on Diagram 1 of By-law 1471-2017;
|
|
| (R) | Despite Regulation 200.5.1.10(2)(A)(iv), five of the required parking spaces may be obstructed on one side as described in Regulation 200.5.1.10(2)(D) without being required to provide additional width for the obstructed side of the parking space;
|
| (S) | Regulation 200.5.1.10(12)(C) with respect to the width of driveways and the location of a vehicle entrance or exit does not apply;
|
| (T) | Despite Regulation 200.5.1.10(13), access to parking spaces may be from a vehicle elevator;
|
| (U) | Car Share:
|
|
| (i) | For the purpose of this exception, "car share" means the practice whereby a number of people share the use of one or more cars that are owned and operated by a profit or non-profit car-sharing organization;
|
|
| (V) | Despite Regulations 220.5.1(2) and 220.5.1.10 (1) and Clause 220.5.10.1 one (1) Type "G" loading space must be provided and maintained on the lot;
|
| (W) | Despite of Regulation 50.10.90.40, a loading space may be accessed from a major street;
|
| (X) | Despite Regulation 230.5.1.10 (4)(A)(ii) and 230.5.1.10 (4)(B)(ii), minimum width of a bicycle parking space may be 450 mm;
|
| (Y) | Despite Regulation 230.5.1.10 (9)(A) (iii) and (B) (iii) required "long term" bicycle parking spaces may be located on any level of the building below-ground regardless of how much floor area is occupied by bicycle parking spaces.
|
| (Z) | Despite Regulation 230.5.1.10 (10) a "short term" bicycle parking space may also be located in a stacked bicycle parking space;
|
| (AA) | A "privately owned publicly-accessible open space" with a minimum area of 100 square metres must be provided on the ground level generally as shown within the area identified on Diagram 4 of By-law 1165-2022(OLT);
|
|
| (i) | for the purpose of this exception, "privately owned publicly-accessible open space" means a space on the lot situated at ground level that is accessible to the public, secured through appropriate legal agreements and may include pedestrian walkways, seating areas, landscaped plaza, landscape elements, short term bicycle parking required by By-law 1165-2022(OLT), and is used principally for the purpose of sitting, standing and other recreational purposes.
|
|
| (BB) | Section 600.10 Building Setback Overlay District Map does not apply;
|
| (CC) | Regulation 50.10.40.30(1) does not apply;
|
| (DD) | Regulation 50.10.40.1(4)(A) does not apply;
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1165-2022(OLT) ] |
| (52) | Exception CRE 52 |
| 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 23 Buckingham Street, as shown on Diagram 1 of By-law 682-2023(OLT), if the requirements of Section 6 and Section A of By-law 682-2023(OLT), are complied with, one or more mixed-use buildings may be constructed in compliance with Regulations (B) through (V) below;
|
| (B) | Despite Regulation 50.10.20, Public Parking is a permitted use;
|
| (C) | Despite Regulation 50.10.40.30, no portion of any building or structure erected or used above ground will be located otherwise than wholly within the lines delineating the height areas on Diagram 3;
|
| (D) | Despite Regulation 50.5.40.10(1), the height of a building or structure, is measured as the vertical distance between the Canadian Geodetic Datum elevation of 95.95 metres and the highest point of the building or structure;
|
| (E) | Despite Regulation 50.10.40.10(1), the permitted maximum height of a building or structure is the number, in metres, following the letters "HT" as shown on Diagram 3 of By-law 682-2023(OLT);
|
|
| (i) | For the purposes of this exception, the permitted maximum height of a building or structure is inclusive of the mechanical penthouse;
|
|
| (F) | Despite Regulation 50.10.40.10(4), the permitted maximum number of storeys of a building or structure is the number following the letters "ST" as shown on Diagram 3 of By-law 682-2023(OLT);
|
|
| (i) | For the purposes of this exception, a mechanical penthouse and rooftop vestibule do not constitute a storey;
|
|
| (G) | Despite Regulation 50.5.40.10 and (E) and (F) above the following elements of a building or structure may project above the permitted maximum building heights shown on Diagram 3 of By-law 682-2023(OLT):
|
|
| (i) | equipment used for the functional operation of the building such as mechanical and ventilation equipment, elevator over-runs, chimneys and vents by a maximum of 3.0 metres beyond the permitted maximum height of the mechanical penthouse;
|
| (ii) | fences, raised planters, landscaping features, light fixtures, guardrails associated with an outdoor amenity space by a maximum of 3.0 metres;
|
| (iii) | railings located at each of the roof levels of the building by a maximum of 1.1 metres;
|
| (iv) | a parapet, including roof drainage, thermal insulation and roof ballast, at each of the roof levels of the building by a maximum of 1.2 metres;
|
| (v) | elements associated with a green roof by a maximum of 0.5 metres;
|
| (vi) | structures used for outside or open air recreation, safety or wind protection purposes by a maximum of 3.0 metres;
|
| (vii) | spires, ornamental, decorative or architectural elements, located above the height of each of the roof levels by a maximum of 7.0 metres; and
|
| (viii) | window washing equipment, lightning rods and exhaust flues located above the mechanical penthouse roof level by a maximum of 1.2 metres.
|
|
| (H) | The permitted maximum gross floor area of all buildings and structures on the lot is 55,700 square metres, of which:
|
|
| (i) | the permitted maximum gross floor area for residential uses is 50,350 square metres; and
|
| (ii) | the required minimum gross floor area for non-residential uses is 5,350 square metres.
|
|
| (I) | For greater clarity:
|
|
| (i) | a minimum of 3,500 square metres of non-residential gross floor area must be provided and maintained on the lot provided the total gross floor area does not exceed 30,000 square metres; and
|
| (ii) | an additional minimum of 1,850 square metres of non-residential gross floor area must be provided on the lot for an aggregate total of 5,350 square metres of non-residential gross floor area with the phase of development that results in a total gross floor area exceeding 30,000 square metres.
|
|
| (J) | Despite Regulation 50.10.40.70, the required minimum building setbacks are as shown on Diagram 3 of By-law 682-2023(OLT);
|
| (K) | Despite Sections 50.10.40.60 and 50.10.40.70 and (J) above, the following building elements and structures may encroach into the required minimum building setbacks shown on Diagram 3 of By-law 682-2023(OLT):
|
|
| (i) | eaves, cornices, columns, public art features, light fixtures, stairs and stair enclosures, balustrades, guardrails, bollards, awnings, arcades, canopies, raised planters, patios, retaining walls, fences, vents, screens, wind mitigation screens and features, underground garage ramp and associated structures, damper equipment; window washing equipment to a maximum of 2.5 metres;
|
| (ii) | balconies and bay windows to a maximum of 1.8 metres;
|
| (iii) | structures used for outside or open air recreation, safety or wind protection, to a maximum of 1.6 metres; and
|
| (iv) | ornamental, decorative or architectural elements to a maximum of 3.1 metres;
|
|
| (L) | Despite Regulation 50.10.40.50, indoor amenity space must be provided at a minimum rate of 2.0 square metres for each dwelling unit on the lot and may be provided in a multi-purpose room or rooms, whether or not these rooms are contiguous, with at least one washroom and kitchen;
|
| (M) | Despite Regulation 50.10.40.50, outdoor amenity space must be provided at a minimum rate of 2.0 square metres for each dwelling unit on the lot;
|
| (N) | Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, the required number of parking spaces provided and maintained on the lot are not to be less than the number calculated in accordance with the following minimum ratios, (fractions to be rounded down to the closest whole number), and must be located in the underground parking structure, with the exception of a maximum of 5 layby parking spaces located at grade, marked for short-term delivery, service or pickup and drop-off vehicles:
|
|
| (i) | a minimum of 0.34 parking spaces per dwelling unit is required to be provided for use by residents;
|
| (ii) | a minimum of 0.09 parking spaces per dwelling unit is required to be provided for use by residential visitors;
|
| (iii) | a minimum of 1.5 parking spaces per 100 square metres of retail store gross floor area is required to be provided;
|
| (iv) | a minimum of 1.0 parking spaces per 100 square metres of commercial and office gross floor area is required to be provided; and
|
| (v) | any parking spaces required in (N)(ii), (iii) and (iv) above may be provided and shared with a public parking use, with or without a fee.
|
|
| (O) | Despite Regulation 200.5.10(1) and Table 200.5.10.1, the number of resident parking spaces required to be provided pursuant to the above-noted ratio in (N)(i), parking spaces for residents on the lot may be reduced at a rate of 4 parking spaces for each “car-share parking space”, provided the maximum permitted reduction is calculated using the following formula: 4 x (total number of dwelling units divided by 60), rounded down to the nearest whole number;
|
|
| (i) | "car-share" means the practice whereby a number of people share the use of one or more motor vehicles that are owner by a profit or non-profit carsharing organization and such car-share motor vehicles are made available to at least the occupants of the building or short term rental, including hourly rental;
|
| (ii) | "car-share parking space" means a parking space exclusively reserved and signed for a car used only for car-share purposes
|
|
| (P) | Despite Regulation 200.5.10.1(12) and (N)(i) above, the total minimum number of parking spaces required for residents on the lot may be reduced at a rate of 1 parking space for every 5 bicycle parking spaces provided in excess of the minimum number of bicycle parking spaces required if the reduction of parking spaces is not greater than 20 percent of the total minimum parking spaces required;
|
| (Q) | Despite Article 200.15.10, a minimum of 5 accessible parking spaces plus 1 accessible parking space for every 50 parking spaces or part thereof in excess of 100 parking spaces are required to be provided on the same lot as every building or structure erected or enlarged;
|
| (R) | Despite Regulation 200.15.1(1) and (3), an accessible parking space must have the following minimum dimensions:
|
|
| (i) | length of 5.6 metres;
|
| (ii) | width of 3.4 metres;
|
| (iii) | vertical clearance of 2.1 metres; and
|
| (iv) | 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.
|
|
| (S) | Despite Regulation 220.5.10.1, a total of 6 loading spaces are required to be provided and maintained on the lot, and may be shared between all uses. For greater clarity:
|
|
| (i) | a minimum of 1 Type "G" loading space, 1 Type "B" loading space and 2 Type "C" loading spaces are required to be provided and maintained on the lot provided the total gross floor area does not exceed 30,000 square metres; and
|
| (ii) | a minimum of 2 additional loading spaces are required to be provided on the lot for an aggregate total of 6 loading spaces with the phase of development that results in a total gross floor area exceeding 30,000 square metres, which must include 1 Type "G" loading space and 1 Type "B" loading space.
|
|
| (T) | Despite Regulation 230.5.1.10(9), a "long-term" bicycle parking space may be located within the building or outside, including on any level of the building below-ground, within a secured room, enclosure or unenclosed space or any combination thereof, or bicycle locker;
|
| (U) | Despite Regulation 230.50.1.20(2), a "short-term" bicycle parking space may be located more than 30 metres from a pedestrian entrance to the building on the lot and may be located in an unsecured room;
|
| (V) | The building(s) may be constructed in phases;
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 682-2023(OLT) ] |
| (53) | Exception CRE 53 |
| 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 25 Audley Street, as shown on Diagram 1 of By-law 685-2023(OLT), if the requirements of Section 6 and Schedule A of By-law 685-2023(OLT), are complied with, one of more mixed-use buildings may be constructed in compliance with Regulations (B) through (R) below;
|
| (B) | Despite Regulation 50.10.20, Public Parking is a permitted use;
|
| (C) | Despite Regulation 50.10.40.10(1), the height of a building or structure is measured as the vertical distance between the Canadian Geodetic Datum elevation of 97.0 metres and the highest point of the building or structure;
|
| (D) | Despite Regulation 50.10.40.10(1), the permitted maximum height of a building or structure is the number, in metres, following the letters "HT" as shown on Diagram 3 of By-law 685-2023(OLT);
|
|
| (i) | For the purposes of this exception, the permitted maximum height of a building or structure is inclusive of the mechanical penthouse;
|
|
| (E) | Despite Regulation 50.10.40.10(4), the permitted maximum number of storeys of a building or structure is the number following the letters "ST" as shown on Diagram 3 of By-law 685-2023(OLT);
|
|
| (i) | For the purposes of this exception, the mechanical penthouse, does not constitutes a storey.
|
|
| (F) | Despite Regulation 50.5.40.10 and (D) and (E) above, the following elements of a building or structure may project above the permitted maximum building heights shown on Diagram 3 of By-law 685-2023(OLT):
|
|
| (i) | fences, raised planters, landscaping features, light fixtures, and guardrails associated with an outdoor amenity space by a maximum of 3.0 metres;
|
| (ii) | railings located at each of the roof levels of the building by a maximum of 1.1 metres;
|
| (iii) | a parapet, including roof drainage, thermal insulation and roof ballast, at each of the roof levels of the building by a maximum of 1.2 metres;
|
| (iv) | elements associated with a green roof by a maximum of 0.5 metres;
|
| (v) | structures used for outside or open air recreation, safety or wind protection purposes by a maximum of 3.0 metres;
|
| (vi) | spires, ornamental, decorative or architectural elements located above the height of each of the roof levels by a maximum of 7.0 metres;
|
| (vii) | window washing equipment, lightning rods and exhaust flues located above the mechanical roof level by a maximum of 3.0 metres;
|
|
| (G) | The permitted maximum gross floor area of all buildings and structures on the lot is 32,500 square metres, of which:
|
|
| (i) | the permitted maximum gross floor area for residential uses is 30,150 square metres; and
|
| (ii) | the required minimum gross floor area for non-residential uses is 2,059 square metres;
|
|
| (H) | Despite Clause 50.10.40.70, the required minimum building setbacks are as shown on Diagram 3 of By-law 685-2023(OLT);
|
| (I) | Despite Clauses 50.10.40.60 and 50.10.40.70 and (H) above, the following building elements and structures may encroach into the required minimum building setbacks shown on Diagram 3 of By-law 685-2023(OLT):
|
|
| (i) | eaves, cornices, columns, landscape and public art features, light fixtures, balustrades, guardrails, bollards, awnings, arcades, raised planters, retaining walls, fences, vents, signs, screens, damper equipment and window washing equipment by a maximum of 1.2 metres;
|
| (ii) | wheelchair ramps, stairs and stair enclosures, underground parking ramp and associated structures by a maximum of 3.0 metres;
|
| (iii) | balconies, platforms, and bay windows by a maximum of 2.0 metres;
|
| (iv) | structures used for outside or open air recreation, safety or wind protection by a maximum of 1.6 metres; and
|
| (v) | ornamental, decorative or architectural elements by a maximum of 3.1 metres;
|
|
| (J) | Despite (F) and (I) above, the following development standards apply to the lands 6.75 metres north of the new south property line as shown on Diagram 3 of By-law 685-2023(OLT):
|
|
| (i) | No ground mounted signage is permitted;
|
| (ii) | Only street furniture, moveable furniture, fences/guards and other similar items or fixtures to accommodate commercial patios are permitted up to a maximum vertical dimension of 1.1 metres above the finished ground level; and
|
| (iii) | The provisions in (J)(i) and (ii) above do not apply to prevent lighting, wind mitigation, landscaping, and other pedestrian features that may be required by the City in this area;
|
|
| (K) | A minimum of 25 percent of the total number of dwelling units on the lot must have two or more bedrooms, of which a minimum of 10 percent of the total number of dwelling units on the lot must have three or more bedrooms;
|
| (L) | The permitted maximum gross floor area of the tower floor plate for the 9th storey to the 26th storey inclusive, as measured from the exterior of the main wall on each storey is 760 square metres, excluding balconies;
|
| (M) | Despite Clause 50.10.40.50, amenity space must be provided at a minimum rate of 4.0 square metres for each dwelling unit and may be provided as either indoor space, outdoor space or a combination thereof and does not need to be contiguous;
|
| (N) | Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, the required number of parking spaces provided and maintained on the lot are not to be less than the number calculated in accordance with the following minimum ratios (fractions rounded down to the closest whole number), and must be located in the underground parking structure:
|
|
| (i) | a minimum of 0.34 parking spaces per dwelling unit is required to be provided for use by residents;
|
| (ii) | a minimum of 0.09 parking spaces per dwelling unit is required to be provided for use by residential visitors;
|
| (iii) | a minimum of 1.0 parking spaces per 100 square metres of nonresidential gross floor area is required to be provided; and
|
| (iv) | any parking spaces required in (N)(ii) and (iii) above may be provided and shared with a public parking use;
|
|
| (O) | Despite Regulation 200.5.10(1) and Table 200.5.10.1, the total number of resident parking spaces provided pursuant to the above-noted ratio in (N)(i), parking spaces for residents on the lot may be reduced by a rate of 4 parking spaces for each car-share parking space, provided the maximum permitted reduction is calculated using the following formula: 4 x (total number of dwelling units divided by 60), rounded down to the nearest whole number;
|
|
| (i) | "car-share" means the practice whereby a number of people share the use of one or more motor vehicles that are owner by a profit or non-profit carsharing organization and such car-share motor vehicles are made available to at least the occupants of the building or short term rental, including hourly rental;
|
| (ii) | "car-share parking space" means a parking space exclusively reserved and signed for a car used only for car-share purposes;
|
|
| (P) | Despite Regulation 200.5.10.1(12) and (N)(i) above, the total minimum number of parking spaces required for residents on the lot may be reduced at a rate of 1 parking space for every 5 bicycle parking spaces provided in excess of the minimum number of bicycle parking spaces required, if the reduction of parking spaces is not greater than 20 percent of the total minimum parking spaces required;
|
| (Q) | Despite Regulation 200.15.1(1) and (3), an accessible parking space must have the following minimum dimensions:
|
|
| (i) | length of 5.6 metres;
|
| (ii) | width of 3.4 metres;
|
| (iii) | vertical clearance of 2.1 metres; and
|
| (iv) | 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;
|
|
| (R) | Despite Regulation 220.5.10.1(2), a minimum of 1 Type "G" loading space is required and may be shared between all uses on the lot.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 685-2023(OLT) ] |
| (54) | Exception CRE 54 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
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Site Specific Provisions: |
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| (A) | On 301-319 King Street West, if the requirements in Section 7 and Schedule A of By-law 87-2023(OLT) are complied with a building or structure may be constructed, used or enlarged in compliance with (B) to (N) below.
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| (B) | The combined residential gross floor area and non-residential gross floor area on the lot shall not exceed 32,000 square metres, provided that:
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| (i) | The residential gross floor area on the lot does not exceed 28,600 square metres; and
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| (ii) | The non-residential gross floor area of the building shall not exceed 3,400 square metres.
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| (C) | Despite Regulation 50.10.40.1(1), the elevation of the first storey of the building must be at or within 0.75 metres above the height of the public sidewalk abutting the site.
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| (D) | Despite Regulations 50.5.40.10(1) and 50.5.40.10(2), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 85.68 metres and the elevation of the highest point of the building or structure.
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| (E) | Despite Clauses 50.5.40.10 and 50.10.40.10, the height of each portion of a building or structure must not exceed the height in metres as specified by the numbers following the symbol HT as shown on Diagram 3 of By-law 87-2023(OLT) except for the following projections:
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| (i) | Antennae, architectural features, bollards, canopies, chimneys, cornices, eaves, fences, green roof, guardrails, landscape and public art features, lighting fixtures, ornamental elements, parapets, pipes, planters, railings, retaining walls, screens, soffits, stacks, stairs, stair enclosures, terraces, trellises, vents, wind protection, window sills, window washing equipment, and the erection or use of structures on any roof used for outside or open air recreation, including amenity space, and for maintenance, safety, wind or green roof purposes, to a maximum of 2.0 metres; and
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| (ii) | Enclosures housing mechanical elements and ducts, elevators, elevator enclosures and overruns and associated structures to a maximum of 5.0 metres.
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| (F) | Despite Regulation 50.5.40.70(1), Clause 50.10.40.70 and Section 600.10, the required minimum building setbacks above ground are as shown in metres on Diagram 3 of By-law 87-2023(OLT); and
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| (i) | where building setbacks are shown as "Average" on Diagram 3 of By-law 87-2023(OLT), the average building setback must be equal to or greater than the required minimum building setback shown on Diagram 3.
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| (G) | Despite Clauses 50.5.40.70 and 50.10.40.70 and Section 600.10, the following building elements and structures are permitted to encroach into the required minimum building setbacks shown on Diagram 3 of By-law 87 2023(OLT):
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| (i) | Architectural features, awnings, bicycle racks, canopies, cornices, decks, eaves, landscape and public art features, lighting fixtures, ornamental elements, planters, platforms, porches, retaining walls, signage, soffits, stairs, stair enclosures, terraces, underground garage ramps and their associated structures, walkways, wheel chair ramps, wind protection, window sills, window washing equipment, and the erection or use of structures on any roof used for outside or open air recreation, including amenity space, and for maintenance, safety, wind or green roof purposes, to a maximum of 2.0 metres;
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| (ii) | Enclosures housing mechanical elements and ducts, elevators, elevator enclosures and associated structures to a maximum of 5.0 metres; and
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| (iii) | Balconies and enclosed balconies are permitted to project beyond the heavy lines shown on Diagram 3 for the main walls as indicated on Diagram 3.
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| (H) | Clause 50.10.50.80 regarding the separation of main walls does not apply.
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| (I) | Despite Regulation 200.5.10.1(1), parking spaces must be provided in accordance with the following:
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| (i) | a minimum of 0.15 parking spaces per dwelling unit for residents;
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| (ii) | a minimum of 0.07 parking spaces per dwelling unit for residential visitors; and
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| (iii) | a minimum of 7 parking spaces for non-residential uses.
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| (J) | Despite Regulation 200.15.1(4) accessible parking spaces must be located on the same level as a barrier free passenger elevator that provides access to the first storey of the building.
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| (K) | Despite Regulation 220.5.10.1(1), a minimum of 1 Type "B" loading space and a minimum of 1 Type "G" loading space must be provided.
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| (L) | Despite Regulation 230.5.1.10(7), shower and change facilities are not required.
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| (M) | Despite Regulation 230.5.10.1(1), bicycle parking spaces must be provided in accordance with the following:
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| (i) | the minimum number of "short-term" bicycle parking spaces to be provided is 3 plus 0.2 bicycle parking spaces for each 100 square metres of non-residential gross floor area; and
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| (ii) | the minimum number of "long-term" bicycle parking spaces to be provided is 0.2 bicycle parking spaces for each 100 square metres of nonresidential gross floor area.
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| (N) | Section 600.20 regarding priority retails streets does not apply.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 87-2023(OLT) ] |
| (55) | Exception CRE 55 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
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Site Specific Provisions: |
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| (A) | On 582-590 King Street West, 471-473 Adelaide Street West and 115 Street, if the requirements of By-law 1116-2022(OLT) are complied with, buildings and structures in compliance with (B) to (V) below may be erected or used;
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| (B) | The lot consists of those lands shown on the attached Diagram 1 of By-law 1116-2022(OLT);
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| (C) | In addition to the non-residential uses permitted in regulation 50.10.20.10(1)(A), public parking is also permitted;
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| (D) | The permitted maximum non-residential gross floor area of all buildings and structures is 37,500 square metres;
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| (E) | Despite regulation 50.5.40.10(1), the height of a building or structure is measured from the Canadian Geodetic Datum elevation of 89.29 metres to the highest point of a building or structure;
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| (F) | Despite regulations 50.10.40.10(1) and (2), the permitted maximum height of a building or structure, including the mechanical penthouse at a height of 51.95 metres, is the number in metres following the letters "HT" as shown on Diagram 3 of By-law 1116-2022(OLT);
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| (G) | Despite regulation 50.10.40.10(4), the permitted maximum number of storeys in a building is the number following the ST symbol as shown on Diagram 3 of By-law 1116-2022(OLT);
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| (H) | Despite (F) above, and regulations 50.5.40.10(4), (5), (6), (7), and (8), the following equipment or structures may project beyond the permitted maximum height shown on Diagram 3 of By-law 1116-2022(OLT) as follows:
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| (i) | Elevator shafts, elevator overrun, elevator machine room, enclosed stairwells, and access ladders to a maximum of 8.5 metres;
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| (ii) | Electrical or utility equipment, window washing equipment, cooling tower, air handlers, exhaust fans, maintenance equipment storage, chimneys, vents, and water supply facilities, and structures that enclose, screen or cover the elements listed above, to a maximum of 1.5 metres;
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| (iii) | Parapets, railings, dividers, architectural features ornamental elements, canopies, guard rails, lightning rods, privacy screens, insulation and roof surface materials, building equipment and noise and wind mitigation structures, to a maximum of 3.0 metres; and
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| (iv) | Landscaping features and structures used for outdoor amenity space or open air recreation, terraces, trellises, roof drainage, noise and wind mitigation structures, and planting and other landscaping structures or elements of a green roof, to a maximum of 3.0 metres.
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| (I) | Despite clauses 50.5.40.70, 50.10.40.70 and 50.10.40.80, the required minimum building setbacks and minimum above-ground distance between main walls are shown in metres on Diagrams 3, 4 and 4.A – 4.H of By-law 1116-2022(OLT);
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| (J) | Despite (I) above, and regulation 5.10.40.70(1), and clauses 50.5.40.60 and 50.10.40.60, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
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| (i) | Ornamental and architectural elements, window projections, window washing equipment, mechanical and privacy screens, mechanical equipment, fences, patios, decks, pillars, terraces, planters, trellises, railings, guard rails, balustrades, stairs, stair enclosures, wheelchair ramps, site servicing, art and landscape features and awnings, to a maximum of 3.0 metres;
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| (ii) | Canopies and underground garage ramps to a maximum of 4.0 metres; and
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| (iii) | Cornices, parapets, lighting fixtures, window sills, eaves, vents and stacks, ventilation shafts, to a maximum of 1.0 metre.
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| (K) | Regulation 50.10.40.30(1), with respect to maximum building depth, does not apply;
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| (L) | Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, a maximum of 122 parking spaces are required on the lot;
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| (M) | Despite Regulation 200.5.1.10(2), any parking spaces provided on the lot within an "automated parking system" may have a minimum width of 2.6 metres, and be obstructed on one side, without being required to provide additional width of 0.3 metres for the obstructed sides of the parking space;
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| (i) | for the purpose of this exception, an "automated parking system" means a mechanical system for the purpose of parking and retrieving vehicles with or without drivers in the vehicle during parking and without the use of ramping or drive aisles, and where automated maneuvering of other vehicles may be required for vehicles to be parked or retrieved.
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| (N) | Despite Regulation 200.5.1.10(2)(D), Electric Vehicle Infrastructure, including electrical vehicle supply equipment, does not constitute an obstruction to a parking space;
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| (O) | Regulations 200.5.1.10(5), (6) and (14) do not apply to parking spaces in an "automated parking system";
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| (P) | Despite Regulation 200.15.10(1) and Clauses 200.15.10.5 and 200.15.10.10, accessible parking spaces are not required;
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| (Q) | Despite 200.5.1.10(13), access to parking spaces may be provided by an "automated parking system";
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| (R) | Regulations 200.5.1(3) and (12) do not apply to an "automated parking system", provided that the access to the elevating mechanism enclosure of the "automated parking system" complies with the following minimum dimensions:
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| (i) | Length of 5.6 metres;
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| (ii) | Width of 3.4 metres;
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| (iii) | Vertical clearance of 2.1 metres; and
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| (iv) | the entire length of the elevating mechanism enclosure must be adjacent to a 1.5 metre wide accessible barrier free aisle or path.
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| (S) | Despite regulation 230.5.1.10(9)(A), "long-term" and "short-term" bicycle parking spaces for non-residential uses may be located at grade, the ground floor and/or in a P1 level on any level above or below ground in the building;
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| (T) | Despite regulation 230.5.10.1(1) and Table 230.5.10.1(1):
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| (i) | a minimum of 64 bicycle parking spaces must be provided as "long-term" bicycle parking spaces; and
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| (ii) | a minimum of 28 bicycle parking spaces must be provided as "short-term" bicycle parking spaces.
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| (U) | Despite regulations 50.10.90.10(1), 220.5.10.1 (3), (4), (5), (8), and article 220.20.1, a minimum of two Type "B" loading spaces and two Type "C" loading spaces must be provided and maintained; and
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| (V) | Section 600.10 with respect to building setbacks for buildings in the downtown, does not apply.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1116-2022(OLT) ] |
| (57) | Exception CRE 57 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
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Site Specific Provisions: |
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| (A) | On the lands, no building or structure is exceed a height of 12.0 metres within a distance of 12.0 metres from a lot line that abuts Berkeley St. [TO: 438-86; 12 (2) 94]
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 12(2) 270 of former City of Toronto By-law 438-86.
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| (58) | Exception CRE 58 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
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Site Specific Provisions: |
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| (A) | On a lot, no building or structure is exceed a height of 12.0 metres within a distance of 12.0 metres from a lot line that abuts Berkeley St.; and
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| (B) | On the lands, personal service shop, financial institution, post office, service shop, clinic, day nursery, sports place of assembly are not permitted uses, if the floor space index of such uses exceeds 2.0. [TO: 438-86; 12 (2) 97]
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 12(2) 260 of former City of Toronto By-law 438-86; and
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| (B) | Section 12(2) 270 of former City of Toronto By-law 438-86.
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| (59) | Exception CRE 59 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
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Site Specific Provisions: |
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| (A) | On 2 and 10 Audley Street and 29, 31, 59 and 71 Portland Street, as shown on Diagram 1 of By-law 684-2023(OLT), if the requirements of Section 6 and Section A of By-law 684-2023(OLT) are complied with, buildings or structures may be constructed in compliance with Regulations (B) to (S) below;
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| (B) | Despite Regulation 50.5.40.10(1), the height of the building or structure is measured as the vertical distance between the Canadian Geodetic Datum elevation of 95.40 metres and the highest point of the building or structure;
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| (C) | Despite Regulation 50.10.20, Public Parking is a permitted use, if located entirely below ground;
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| (D) | Despite Regulation 50.10.40.10(1), the permitted maximum height of a building or structure is the number, in metres, following the letters "HT" as shown on Diagram 3 of By-law 684-2023(OLT);
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| (i) | For the purposes of this exception, the permitted maximum height of a building or structure is inclusive of the mechanical penthouse;
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| (E) | Despite Regulation 50.10.40.10(4), the permitted maximum number of storeys of a building or structure is the number following the letters "ST" as shown on Diagram 3 of By-law 684-2023(OLT);
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| (i) | For the purposes of this exception, a mezzanine and mechanical penthouse do not constitute a storey;
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| (F) | Despite Regulations 50.5.40.10(3), (4), (5) and (6) and (D) above, the following elements of a building or structure may project above the permitted maximum building heights as shown on Diagram 3 of By-law 684-2023(OLT):
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| (i) | fences, raised planters, landscape features, light fixtures, seating, bollards, trellises and guardrails associated with an outdoor amenity space by a maximum height of 3.0 metres;
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| (ii) | a railing or railings, balcony dividers, fences, or privacy gates and skylights located at each of the roof levels of the building by a maximum of 1.8 metres;
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| (iii) | a parapet, including roof drainage, thermal insulation and roof ballast, at each of the roof levels of the building by a maximum of 1.5 metres;
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| (iv) | elements associated with a green roof by a maximum of 0.5 metres;
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| (v) | elements or structures used for outside or open air recreation, safety, acoustic or wind protection purposes by a maximum of 3.0 metres;
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| (vi) | stairs, stair enclosures, stair towers, access corridors to stairs and elevator overruns by a maximum of 4.0 metres;
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| (vii) | spires, ornamental, decorative, art or architectural elements, and features, located above the height of each of the roof levels by a maximum of 7.0 metres; and
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| (viii) | window washing equipment, lightning rods and exhaust flues located above the mechanical penthouse roof level by a maximum of 3.0 metres;
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| (G) | The permitted maximum gross floor area of all buildings and structures on the lot is 71,700 square metres, of which:
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| (i) | the permitted maximum gross floor area for residential uses is 68,550 square metres; and
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| (ii) | the required minimum gross floor area for non-residential uses is 3,067 square metres, of which 800 square metres is the minimum required gross floor area for a day nursery and 1,503 square metres is the minimum gross floor area for office;
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| (H) | In addition to the elements which reduce gross floor area listed in Regulation 50.5.40.40(3), the following element also reduces the gross floor area of a building:
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| (I) | Despite Regulations 50.10.40.70(1) and (3) the required minimum building setbacks are as shown on Diagram 3 of By-law 684-2023(OLT);
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| (J) | Despite Sections 50.5.40.60 and 50.10.40.60, and (I) above, the following building elements may encroach into the required minimum building setbacks as shown on Diagram 3 of By-law 684-2023(OLT);
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| (i) | eaves, bulkheads, cornices, window sills, doors, columns, landscape and public art features, light fixtures, balustrades, guardrails, bollards, awnings, arcades, raised planters, patios, retaining walls, fences, vents, trellises, parapets, architectural frames, screens, wind mitigation screens and features, landscape features and seating areas, patios, terraces, damper equipment, and window washing equipment by a maximum of 1.2 metres;
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| (ii) | wheelchair and covered ramps, stairs and stair enclosures, vestibules, awnings, canopies, underground parking ramp and associated structures by a maximum of 3.0 metres;
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| (iii) | balconies and bay windows to a maximum of 2.0 metres;
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| (iv) | structures used for outside or open air recreation, safety or wind protection, to a maximum of 2.6 metres; and
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| (v) | ornamental, decorative or architectural elements by a maximum of 3.1 metres;
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| (K) | The permitted maximum gross floor area of the tower floor plate as measured from the exterior of the main wall on each storey, for the 9th storey to the 24th storey inclusive, is 838 square metres for Tower A, excluding balconies, and for the 9th storey to 20th storey inclusive, is 812 square metres for Tower B, excluding balconies, as shown on Diagram 3 of By-law 684-2023(OLT);
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| (L) | Despite Regulation 50.10.40.50, amenity space must be provided at a minimum rate of 1.5 square metres of indoor amenity space per dwelling unit provided that the minimum combined indoor and outdoor amenity space per dwelling unit is 4.0 metres;
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| (M) | Despite Regulation 200.5.10.1(1) and Table 200.5.10, the required number of parking spaces provided and maintained on the lot are not to be less than the number calculated in accordance with the following minimum ratios (fractions to be rounded down to the closest whole number), and must be located in the underground parking structure:
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| (i) | a minimum of 0.34 parking spaces per dwelling unit is required to be provided for use by residents;
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| (ii) | a minimum of 0.09 parking spaces per dwelling unit is required to be provided for use by residential visitors;
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| (iii) | a minimum of 1.0 parking spaces per 100 square metres of nonresidential gross floor area is required to be provided; and
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| (iv) | any parking spaces required in (M) ii. and iii. above may be provided and shared within a public parking use, with or without a fee;
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| (N) | Despite Regulation 200.5.10(1) and Table 200.5.10.1, the total number of resident parking spaces provided pursuant to the above-noted ratio in (M) i., parking spaces for residents on the lot may be reduced at a rate of 4 parking spaces for each car-share parking space, provided the maximum permitted reduction is calculated using the following formula: 4 x (total number of dwelling units divided by 60), rounded down to the nearest whole number;
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| (i) | "car-share" means the practice whereby a number of people share the use of one or more motor vehicles that are owner by a profit or non-profit carsharing organization and such car-share motor vehicles are made available to at least the occupants of the building or short term rental, including hourly rental;
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| (ii) | "car-share parking space" means a parking space exclusively reserved and used only for car-share purposes whereby the vehicle is accessible to at least the occupants of the buildings;
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| (O) | Despite Regulation 200.5.10.1(12) and (M) i. above, the total minimum number of parking spaces required for residents on the lot may be reduced at a rate of 1 parking space for every 5 bicycle parking spaces provided in excess of the minimum number of bicycle parking spaces required, if the reduction of parking spaces is not greater than 20 percent of the total minimum parking spaces required;
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| (P) | Despite Article 220.5.10, one Type "G" loading space and one Type "C" loading space are required to be provided and maintained on the lot;
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| (Q) | Despite Regulation 230.5.1.10(4), the minimum horizontal dimension for bicycle parking spaces in a vertical position or in a bicycle stacker is 0.45 metres;
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| (R) | Despite Regulation 230.5.1.10(9), "long term" bicycle parking spaces may be located outdoors or indoors, on the ground level, below grade or above grade;
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| (S) | Despite Regulation 230.5.10.1, the number of bicycle parking spaces provided and maintained on the lot must in accordance with the following minimum rates:
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| (i) | 0.68 "long-term" bicycle parking spaces per dwelling unit are required to be provided on the lot;
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| (ii) | 0.07 "short-term" bicycle parking spaces per dwelling unit are required to be provided on the lot;
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| (iii) | 3 "short term" bicycle parking spaces plus 0.15 bicycle parking spaces for each 100 square metres of interior floor area used for commercial and office uses are required to be provided on the lot;
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| (iv) | 0.13 "long term" bicycle parking spaces per 100 square metres of interior floor area used for commercial and office uses are required to be provided on the lot;
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| (v) | 3 "short term" bicycle parking spaces plus 0.25 bicycle parking spaces for each 100 square metres of interior floor area used for retail uses are required to be provided on the lot; and
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| (vi) | 0.13 "long term" bicycle parking spaces per 100 square metres of interior floor area used for retail uses are required to be provided on the lot.
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Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 684-2023(OLT) ] |
| (60) | Exception CRE 60 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
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Site Specific Provisions: |
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| (A) | On the lands, personal service shop, financial institution, post office, service shop, clinic, day nursery, sports place of assembly are not permitted uses, if the floor space index of such uses exceeds 2.0. [TO: 438-86; 12 (2) 97]
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Prevailing By-laws and Prevailing Sections: |
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| (A) | Section 12(2) 270 of former City of Toronto By-law 438-86.
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| (61) | Exception CRE 61 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
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Site Specific Provisions: |
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| (A) | On 1 Audley Street and 8 Newcastle Street, as shown on Diagram 1 of By-law 683-2023(OLT), if the requirements of Section 6 and Section A of By-law 683-2023(OLT), are complied with, buildings or structures may be constructed in compliance with Regulations (B) to (T) below;
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| (B) | Despite Regulation 50.5.40.10(1) and (2), the height of the building or structure is the vertical distance between the Canadian Geodetic Datum elevation of 95.40 metres and the highest point of the building or structure;
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| (C) | Despite Regulation 50.10.20, Public Parking is a permitted use, if located entirely below ground;
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| (D) | Despite Regulation 50.10.40.10(1), the permitted maximum height of a building or structure is the number, in metres, following the letters "HT" as shown on Diagram 3 of By-law 683-2023(OLT);
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| (i) | For the purposes of this exception, the permitted maximum height of a building or structure is inclusive of the mechanical penthouse;
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| (E) | Despite Regulation 50.10.40.10(4), the permitted maximum number of storeys of a building or structure is the number following the letters "ST" as shown on Diagram 3 of By-law 683-2023(OLT);
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| (i) | For the purposes of this exception, a mezzanine and mechanical penthouse do not constitute a storey;
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| (F) | Despite Regulations 50.5.40.10(3), (4), (5) and (6) and (D) above, the following elements of a building or structure may project above the permitted maximum building heights as shown on Diagram 3 of By-law: 683-2023(OLT);
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| (i) | fences, raised planters, landscape features, light fixtures, seating, bollards, trellises and guardrails associated with an outdoor amenity space by a maximum of 3.0 metres;
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| (ii) | a railing or railings, balcony dividers, fences, or privacy gates and skylights located at each of the roof levels of the building by a maximum of 1.8 metres;
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| (iii) | a parapet, including roof drainage, thermal insulation and roof ballast, at each of the roof levels of the building by a maximum of 1.5 metres;
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| (iv) | elements associated with a green roof by a maximum of 1.5 metres;
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| (v) | elements or structures used for outside or open air recreation, safety, acoustic or wind protection purposes by a maximum of 3.0 metres;
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| (vi) | stairs, stair enclosures, stair towers, access corridors to stairs and elevator overruns by a maximum of 4.0 metres;
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| (vii) | spires, ornamental, decorative, art or architectural elements, and features, located above the height of each of the roof levels by a maximum of 7.0 metres; and
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| (viii) | window washing equipment, lightning rods and exhaust flues located above the mechanical penthouse roof level by a maximum of 3.0 metres;
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| (G) | The permitted maximum gross floor area of all buildings and structures on the lot is 28,900 square metres, of which:
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| (i) | the permitted maximum gross floor area for residential uses is 28,274 square metres; and
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| (ii) | the required minimum gross floor area for non-residential uses is 500 square metres;
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| (H) | In addition to the elements which reduce gross floor area listed in Regulation 50.5.40.40(3), the following element also reduces the gross floor area of a building:
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| (I) | Despite Regulations 50.10.40.70(1) and (3) the required minimum building setbacks are as shown on Diagram 3 of By-law 683-2023(OLT);
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| (J) | Despite Sections 50.5.40.60 and 50.10.40.60, and (I) above, the following building elements may encroach into the required minimum building setbacks as shown on Diagram 3 of By-law 683-2023(OLT);
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| (i) | eaves, bulkheads, cornices, window sills, doors, columns, landscape and public art features, light fixtures, balustrades, guardrails, bollards, awnings, arcades, raised planters, patios, retaining walls, fences, vents, trellises, parapets, architectural frames, screens, wind mitigation screens and features, landscape features and seating areas, patios, terraces, damper equipment, and window washing equipment by a maximum of 1.2 metres;
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| (ii) | wheelchair and covered ramps, stairs and stair enclosures, vestibules, awnings, canopies, underground parking ramp and associated structures by a maximum of 3.0 metres;
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| (iii) | balconies and bay windows by a maximum of 2.0 metres, with the exception of balconies and bay windows on the east building face which are not permitted to project within 18.5 metres of the eastern property line;
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| (iv) | structures used for outside or open air recreation, safety or wind protection, to a maximum of 2.6 metres; and
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| (v) | ornamental, decorative or architectural elements by a maximum of 3.1 metres;
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| (K) | Despite (F) and (J) above, the following development standards apply to the lands identified as "Area Subject to Provision K" on Diagram 3 of By-law 683-2023(OLT);
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|
| (i) | No ground mounted third party and/or non-Privately Owned Publicly Accessible Spaces (POPS) signs are permitted;
|
| (ii) | Only street furniture, moveable furniture, fences/guards and other similar items or fixtures to accommodate commercial patios are permitted up to a maximum vertical dimension of 1.1 metres above the finished ground level; and
|
| (iii) | The provisions in (K) i. and ii. above do not apply to prevent lighting, wind mitigation, landscaping and other pedestrian features that may be required by the City in this area;
|
|
| (L) | Despite Regulation 50.10.40.50, amenity space must be provided at a minimum rate of 2.8 square metres of combined indoor and outdoor amenity space per dwelling unit;
|
| (M) | Despite Regulation 200.5.10.1(1) and Table 200.5.10, the required number of parking spaces provided and maintained on the lot are not to be less than the number calculated in accordance with the following minimum ratios (fractions to be rounded down to the closest whole number), and must be located in the underground parking structure:
|
|
| (i) | a minimum of 0.34 parking spaces per dwelling unit is required to be provided for use by residents;
|
| (ii) | a minimum of 0.09 parking spaces per dwelling unit is required to be provided for use by residential visitors; and
|
| (iii) | parking spaces for non-residential uses are not required;
|
|
| (N) | Despite 50.5.80.1(1) and (M) above, required parking spaces may be provided on a lot that is not the same lot as the use for which the parking spaces are required, provided that the parking spaces are located on the lands municipally known in 2021 as 2 and 10 Audley Street and 29, 31, 59 and 71 Portland Street;
|
| (O) | Despite Regulation 200.5.10(1) and Table 200.5.10.1, the total number of resident parking spaces provided pursuant to the above-noted ratio in (M) i., parking spaces for residents on the lot may be reduced at a rate of 4 parking spaces for each car-share parking space, provided the maximum permitted reduction is calculated using the following formula: 4 x (total number of dwelling units divided by 60), rounded down to the nearest whole number;
|
|
| (i) | "car-share" means the practice whereby a number of people share the use of one or more motor vehicles that are owner by a profit or non-profit carsharing organization and such car-share motor vehicles are made available to at least the occupants of the building or short term rental, including hourly rental;
|
| (ii) | "car-share parking space" means a parking space exclusively reserved and used only for car-share purposes whereby the vehicle is accessible to at least the occupants of the buildings;
|
|
| (P) | Despite Regulation 200.5.10.1(12) and (M)(i) above, the total minimum number of parking spaces required for residents on the lot may be reduced at a rate of 1 parking space for every 5 bicycle parking spaces provided in excess of the minimum number of bicycle parking spaces required, if the reduction of parking spaces is not greater than 20 percent of the total minimum parking spaces required;
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| (Q) | Despite Article 220.5.10, one Type "G" loading space is required to be provided and maintained on the lot;
|
| (R) | Despite Regulation 230.5.1.10(4), the minimum horizontal dimension for bicycle parking spaces in a vertical position or in a bicycle stacker is 0.45 metres;
|
| (S) | Despite Regulation 230.5.1.10(9), "long term" bicycle parking spaces may be located outdoors or indoors, on the ground level, below grade or above grade;
|
| (T) | Despite Regulation 230.5.10.1, the number of bicycle parking spaces provided and maintained on the lot must be in accordance with the following minimum rates:
|
|
| (i) | 0.68 "long-term" bicycle parking spaces per dwelling unit are required to be provided on the lot; and
|
| (ii) | 0.07 "short-term" bicycle parking spaces per dwelling unit are required to be provided on the lot.
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|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 683-2023(OLT) ] |
| (62) | Exception CRE 62 |
| The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing Bylaws and Prevailing Sections.
|
|
Site Specific Provisions: |
|
| (A) | On 470-488 Wellington Street West, if the requirements of Section 10 and Schedule A of By-law 1148-2022(OLT) are complied with, a building or structures, may be constructed, used or enlarged in compliance with Regulations (B) to (Q) below;
|
| (B) | Despite regulations 50.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 85.33 metres and the highest point of the building or structure;
|
| (C) | The total permitted maximum non-residential gross floor area for all buildings and structures on the lot is 24,000 square metres;
|
| (D) | Despite regulation 50.10.40.10(1) and (B) above, 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 1148-2022(OLT);
|
| (E) | Despite (D) above and regulations 50.5.40.10(3), (4), (5), (6), (7) and (8) the following equipment and structures may project beyond the permitted maximum height shown on Diagram 6 of By-law 1148-2022(OLT):
|
|
| (i) | elevator overruns, parapets, awnings, fences, roof access, including roof hatch and the access ladder, chimneys, stacks, vents, and water supply facilities, terraces, pipes, roof drainage, window sills, antennae, telecommunication equipment, satellite dishes, lightning rods, guard rails, railings, dividers, screens, balustrades, eaves, stairs, unenclosed structures providing safety or wind protection, privacy and wind screens, elements of a green roof, pergolas, trellises, light fixtures, architectural features, and landscape elements, by a maximum of 3.0 metres;
|
| (ii) | window washing equipment, by a maximum of 6.0 metres; and
|
| (iii) | For the area labelled as "MPH" on Diagram 6, only the equipment and structures permitted in (E)(i) above may project beyond the maximum height.
|
|
| (F) | Despite regulations 50.10.40.30(1), 50.10.40.70(1) and (3), and article 600.10.10 the required minimum building setbacks and permitted maximum building depth are shown in metres on Diagram 6 of By-law 1148-2022(OLT);
|
| (G) | Despite Clause 50.10.40.80, and article 600.10.10 the required minimum separation of main walls are as shown in metres on Diagram 6 of By-law 1148-2022(OLT);
|
| (H) | Despite (F) and (G) above, regulations 50.5.40.60(1), and 50.10.40.60(1), (2), (3), (4), (5), (6) and (8) the following elements may encroach into the required minimum building setbacks and minimum m ain wall separation distance as follows:
|
|
| (i) | canopies and supports, awnings, balconies, terraces, patios, decks, pillars, pergolas, trellises, privacy and wind screens, unenclosed structures providing safety or wind protection to rooftop amenity space, architectural features, art and landscaping features and ornamental elements, up to 3.0 metres;
|
| (ii) | cornices, parapets, light fixtures, window projections, eaves, window sills, doors, site servicing features, ventilation shafts, railings, guards, terrace platforms, landscape planters, underground garages and associated structures, up to 0.5 metres;
|
| (iii) | exterior stairs, uncovered ramp and wheelchair ramps, up to 4 metres; and
|
| (iv) | guards, railings, parapets, balustrades, terraces, fences, privacy and wind screens, landscape planters and terrace platforms, up to 3.5 metres.
|
|
| (I) | Despite regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
|
|
| (i) | a minimum of 52 parking spaces for the non-residential uses;
|
|
| (J) | A maximum of 1 parking space required by (I) above may be a "small car" parking spaces with a minimum:
|
|
| (i) | width of 2.4 metres;
|
| (ii) | length of 5.4 metres; and
|
| (iii) | vertical clearance of 1.8 metres.
|
|
| (K) | Despite Regulations 200.15.1.5(1) and 200.15.10(1), a minimum of 3 accessible parking spaces must be provided below ground;
|
| (L) | Despite regulation 200.15.1(1), an accessible parking spaces must have the following minimum dimensions:
|
|
| (i) | length of 5.6 metres;
|
| (ii) | width of 3.4 metres; and
|
| (iii) | vertical clearance of 2.1 metres.
|
|
| (M) | The entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path;
|
| (N) | Despite regulations 230.5.1.10(4) and 230.5.1.10(10), "long-term" and "short term" bicycle parking spaces may be located in a stacked bicycle parking space having the following minimum dimensions:
|
|
| (i) | length or vertical clearance of 1.2 metres;
|
| (ii) | width of 0.45 metres; and
|
| (iii) | horizontal clearance from the wall of 1.8 metres.
|
|
| (O) | Despite regulation 230.50.1.20(2), "long-term" and "short-term" bicycle parking spaces may be located in a secured room, enclosure or bicycle locker, provided that such space is accessible to visitors;
|
| (P) | Despite regulations 200.5.1.10(2)(A)(iv) and (D), a bicycle parking space placed in a vertical position on a wall, structure or mechanical device does not constitute as an obstruction to a parking space;
|
| (Q) | Despite regulations 220.5.10.1(3), (4) and (5) a minimum of two Type "B" loading spaces and two Type "C" loading spaces must be provided.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1148-2022(OLT) ] |
| (64) | Exception CRE 64 |
| 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 260 of former City of Toronto By-law 438-86;
|
| (B) | Section 12(2) 270 of former City of Toronto By-law 438-86; and
|
| (C) | City of Toronto by-law 490-2010.
|
|
| (65) | Exception CRE 65 |
| 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 400 Front Street West, if the requirements of Section 6 and Schedule A of By-law 1210-2022(OLT) are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (T) below;
|
| (B) | For the purposes of this exception, reference to Block A, Block B, Block C, and the public park are as identified on Diagram 2 attached to By-law 1210-2022(OLT) and reference to Building A, Building B1, Building B2, Building C and Building D are the buildings within such Blocks as identified on Diagrams 4 and 5 attached to By-law 1210-2022(OLT);
|
| (C) | Despite Regulations 50.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 84.15 metres in Block A and 85.10 metres in Block B and Block C and the elevation of the highest point of the building or structure;
|
| (D) | The permitted maximum gross floor area for all buildings and structures on the lands is 147,000 square metres, of which:
|
|
| (i) | The required minimum non-residential gross floor area is 2,900 square metres; and
|
| (ii) | the residential gross floor area must not exceed 143,000 square metres, of which the permitted maximum residential gross floor area for each Block is:
|
|
| (a) | 32,338 square metres for Block A; and
|
| (b) | 110,662 square metres for Block B;
|
|
|
| (E) | Despite Regulation 50.10.40.10(1)(A), the permitted maximum height of a building or structure is the numerical value in metres following the letters "HT" as shown on Diagrams 4 and 5 attached to By-law 1210-2022(OLT);
|
| (F) | Despite Regulation 50.10.40.10(4), the permitted maximum number of storeys for each building is the numerical value following the ST symbol on Diagrams 4 and 5 attached to By-law 1210-2022(OLT);
|
| (G) | For the purpose of this exception, the following do not constitute a storey:
|
|
| (i) | a mechanical penthouse, including any mechanical equipment or amenity space; and
|
| (ii) | a mezzanine floor, located immediately above the first floor and used exclusively for bicycle parking or mechanical rooms;
|
|
| (H) | Despite Regulations 50.5.40.10(3) to (8) and 50.10.40.10(3) and (E) above, the following equipment and structures may project above the permitted maximum heights shown on Diagrams 4 and 5 attached to By-law 1210-2022(OLT), as follows:
|
|
| (i) | access hatches, eaves, light fixtures, chimneys, vents, roof drainage, elements of a green roof, access ladders, by a maximum of 1.1 metres;
|
| (ii) | elements and structures associated with a green roof, architectural features, parapets, trellises, railing, screens, planters, landscaping features, solar panels and related equipment, satellite dishes, and guard rails, by a maximum of 3.0 metres;
|
| (iii) | lightning rods, by a maximum of 5.0 metres; and
|
| (iv) | window washing equipment, by a maximum of 7.0 metres;
|
|
| (I) | Despite Regulations 50.5.40.70(1), 50.10.40.70(1), 50.10.40.70(5), 50.10.40.80(3) and Section 600.10, the required minimum building setbacks and required separation of main walls are as shown in metres on Diagrams 4 and 5 attached to By-law 1210-2022(OLT);
|
| (J) | Despite Regulation 50.5.40.60(1), Clause 50.10.40.60 and (I) above, the following building elements may encroach into the required building setbacks and main wall separation distances as follows:
|
|
| (i) | architectural features, cornices, light fixtures, ornamental elements, parapets, art and landscape features, patios, decks, pilasters, trellises, terraces, eaves, window sills, planters, ventilation shafts, guardrails, balustrades, railings, stairs, doors, wheelchair ramps, fences, screens, site servicing features, awnings and canopies, elevating devices, louvres, damper equipment, window washing equipment, and access ramps including underground garage ramps and associated structures, by a maximum of 2.0 metres;
|
| (ii) | balconies, may encroach to a maximum of 1.5 metres;
|
| (iii) | despite (ii) above, on Building A no balconies are permitted in the required:
|
|
| (a) | 1.8 metre building setback from the west lot line;
|
| (b) | 9.0 metre building setback from the north lot line;
|
| (c) | 2.5 metre building setback from the south lot line; and
|
| (d) | 8.2 metre building setback from the north lot line;
|
|
| (iv) | despite (ii) above, balconies are not permitted within 3.0 metres of the corners of main walls of Building B1 and Building B2;
|
|
| (K) | Despite Regulation 50.10.40.50(1), amenity space must be provided at a minimum rate of 3.25 square metres for each dwelling unit, of which:
|
|
| (i) | 2.03 square metres for each dwelling unit is indoor amenity space;
|
| (ii) | 1.22 square metres for each dwelling unit is outdoor amenity space; and
|
| (iii) | no more than 25 percent of the outdoor component may be a green roof;
|
|
| (L) | The provision of dwelling units located for buildings located on Block A and Block B are subject to the following:
|
|
| (i) | a minimum of 35 percent of the total number of dwelling units must contain two or three bedrooms; and
|
| (ii) | of the requirement in (i) above, a minimum of 3 percent of the total number of dwelling units must contain three bedrooms, provided there a minimum of 60 dwelling units with three bedrooms;
|
|
| (M) | Despite Regulation 50.10.90.40(1)(B), vehicle access to a loading space may be permitted from:
|
|
| (i) | Front Street West for Building A; and
|
| (ii) | Blue Jays Way for Building B1, Building B2 and Building C;
|
|
| (N) | Despite Clause 220.5.10.1, loading spaces must be provided on the lands as follows:
|
|
| (i) | a required minimum of one (1) Type 'G' loading space and one (1) Type 'B' loading space must be provided for Building A; and
|
| (ii) | a required minimum of three (3) Type 'G' loading spaces and one (1) Type 'C' loading space as shared between Building B1, Building B2, Building C and Building D;
|
|
| (O) | Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
|
|
| (i) | a minimum of 0.20 residential occupant parking spaces for each dwelling unit;
|
| (ii) | a minimum of 0.10 residential visitor parking spaces for each dwelling unit;
|
| (iii) | 1.0 parking space per 100 square metres of non-residential gross floor area;
|
| (iv) | a minimum of 4 "car-share parking spaces";
|
| (v) | for the purpose of this exception, "car-share" means the practice whereby a number of people share the use of one or more motor vehicles and such "car-share" motor vehicles are made available to at least the occupants of the building for short-term rental, including hourly rental; and
|
| (vi) | for the purpose of this exception, a "car-share parking space" means a parking space exclusively reserved and signed for a vehicle used only for "car-share" purposes;
|
|
| (P) | Despite Regulation 200.5.1.10(12)(C), a vehicle access to a building must be at least 3.0 metres from the lot line abutting the street;
|
| (Q) | Despite Regulations 200.15.1(1), (3) and (4), accessible parking spaces must be provided as follows:
|
|
| (i) | An accessible parking space must have the following minimum dimensions:
|
|
| (a) | length of 5.6 metres;
|
| (b) | width of 3.4 metres; and
|
| (c) | vertical clearance of 2.1 metres;
|
|
| (ii) | The entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path;
|
| (iii) | Accessible parking spaces must be the parking spaces closest to a barrier free:
|
|
| (a) | entrance to a building;
|
| (b) | passenger elevator that provides access to the first storey of the building; and
|
| (c) | and shortest route from the required entrances in (Q)(iii)(a) and (b);
|
|
|
| (R) | Despite Regulation 230.5.1.10(6), both "short-term" and "long-term" bicycle parking spaces may be located in a building;
|
| (S) | Despite Regulation 230.5.1.10(10), "short-term" and "long-term" bicycle parking spaces may be located in a stacked bicycle parking space arrangement;
|
| (T) | Regulation 230.5.1.10(7), with regard to the provision of bicycle shower and change facilities, does not apply.
|
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 1210-2022(OLT) ] |
| (67) | Exception CRE 67 |
| 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 260 of former City of Toronto By-law 438-86;
|
| (B) | Section 12(2) 270 of former City of Toronto By-law 438-86;
|
| (C) | On the lands municipally known as 172 King St. East, Section 12(2) 314 of former City of Toronto By-law 438-86; and
|
| (D) | On 172 King St. E., former City of Toronto by-law 97-0233.
|
|
| (69) | Exception CRE 69 |
| 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 260 of former City of Toronto By-law 438-86;
|
| (B) | Section 12(2) 270 of former City of Toronto By-law 438-86; and
|
| (C) | On 48 STEWART ST, former City of Toronto by-law 523-89.
|
|
| (70) | Exception CRE 70 |
| 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) | Retail store, personal service shop, eating establishment, take-out eating establishment, or art gallery are permitted, if:
|
|
| (i) | the principal entrance to the use is located within 5.0 metres of the lot's front lot line or the required front building setback;
|
| (ii) | the principal entrance to the use is located on a building wall that is within an 85 degree angle of the front lot line;
|
| (iii) | the level of the floor of the principal entrance is within 0.2 metres of the level of the public sidewalk opposite such entrance; and
|
| (iv) | a maximum of 15.0 metres of the building's front wall may be used for club, place of assembly, community centre, or financial institution. [TO: 438-86; 12 (1) 87]
|
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 260 of former City of Toronto By-law 438-86;
|
| (B) | Section 12(2) 270 of former City of Toronto By-law 438-86; and
|
| (C) | On 393 King St. E., former City of Toronto by-law 42-88.
|
|
| (71) | Exception CRE 71 |
| 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 270 of former City of Toronto By-law 438-86;
|
| (B) | On 26 Berkeley St. and 222 The Esplanade, former City of Toronto by-law 181-87; and
|
| (C) | On the odd numbered addresses of 31-33 Princess St., former City of Toronto by-law 77-93.
|
|
| (72) | Exception CRE 72 |
| 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 the lands municipally known as 400 Front St. W., public parking is permitted. [TO: 438-86; 12(2) 204(b)]
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 260 of former City of Toronto By-law 438-86;
|
| (B) | Section 12(2) 270 of former City of Toronto By-law 438-86;
|
| (C) | On 20 Blue Jay Way, City of Toronto by-law 1-05; and
|
| (D) | On 400 Front St. W., former City of Toronto by-law 650-91.
|
|
| (73) | Exception CRE 73 |
| 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 208 of former City of Toronto By-law 438-86;
|
| (B) | Section 12(2) 260 of former City of Toronto By-law 438-86;
|
| (C) | Section 12(2) 270 of former City of Toronto By-law 438-86;
|
| (D) | On 160 Frederick St., former City of Toronto by-laws 477-81 and 697-84;
|
| (E) | On the odd numbered addresses of 159-161 Frederick St., former City of Toronto by-law 629-88; and
|
| (F) | On 120 Front St. E. and 25 George St., former City of Toronto by-law 697-84.
|
|
| (74) | Exception CRE 74 |
| 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 the lands municipally known as 181 Richmond St. W., public parking is permitted. [TO: 438-86; 12(2) 204(b)]
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 270 of former City of Toronto By-law 438-86;
|
| (B) | On the lands known municipally as 200 Adelaide St. W. in 1979, Section 12(1) 291 of former City of Toronto By-law 438-86;
|
| (C) | On 200 Adelaide St. W., former City of Toronto by-laws 371-76 and 230-80;
|
| (D) | On 266 Adelaide St. W., the even numbered addresses of 268-270 Adelaide St. W., 109 John St., the odd numbered addresses of 111-117 John St., 119 John St., the odd numbered addresses of 121-129 John St., former City of Toronto by-law 651-82;
|
| (E) | On and between the even numbered addresses of 100-104 John St. and 295 Adelaide St. W., City of Toronto by-law 517-2010;
|
| (F) | On 214 King St. W., former City of Toronto by-law 88-86;
|
| (G) | On 370 King St. W., former City of Toronto by-laws 439-87 and 592-91;
|
| (H) | On 388 King St. W., former City of Toronto by-law 553-86;
|
| (I) | On 430 King St. W., former City of Toronto by-law 554-86 and City of Toronto by-law 1349-07;
|
| (J) | On the even numbered addresses of 230-240 Richmond St. W., former City of Toronto by-law 314-86;
|
| (K) | On or between the even numbered addresses of 306-308 Richmond St. W., the even numbered addresses of 318-322 Richmond St. W., City of Toronto by-law 283-09;
|
| (L) | On 259 Richmond St. W., former City of Toronto by-law 97-0016;
|
| (M) | On 126 Simcoe St., City of Toronto by-law 1080-07;
|
| (N) | On 21 Widmer St., City of Toronto by-law 95-2006; and
|
| (O) | On the odd numbered addresses of 21-31 WIDMER ST, City of Toronto by-law 95-06.
|
|
| (75) | Exception CRE 75 |
| 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 270 of former City of Toronto By-law 438-86; and
|
| (B) | On 250 Wellington St. W., 250R Wellington St. W., and 270 Wellington St. W., City of Toronto by-law 903-99.
|
|
| (76) | Exception CRE 76 |
| 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 270 of former City of Toronto By-law 438-86;
|
| (B) | On 540 Adelaide St. W., 555 Richmond St. W., former City of Toronto by-law 195-85;
|
| (C) | On 156 PORTLAND ST, former City of Toronto by-law 549-87;
|
| (D) | On 163 PORTLAND ST, former City of Toronto by-law 520-89;
|
| (E) | On 530 Richmond St. W., former City of Toronto by-law 410-84;
|
| (F) | On 532 Richmond St. W., former City of Toronto by-law 409-84;
|
| (G) | On 546 Richmond St. W., 548 Richmond St. W., the even numbered addresses of 550R-556 Richmond St. W., former City of Toronto by-law 94-0218; and
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| (H) | On 590 Richmond St. W., former City of Toronto by-laws 635-80 and 862-80.
|
|
| (77) | Exception CRE 77 |
| 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 270 of former City of Toronto By-law 438-86;
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| (B) | On 425 Adelaide St. W., former City of Toronto by-law 614-89; and
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| (C) | On 511 Adelaide St. W., former City of Toronto by-law 288-83.
|
|
| (78) | Exception CRE 78 |
| 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 the lands municipally known as 11 WINDSOR ST and 306 Front St. W., public parking is permitted. [TO: 438-86; 12(2) 204(b)]
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|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 270 of former City of Toronto By-law 438-86; and
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| (B) | On 320 Front St. W., former City of Toronto by-law 587-86.
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|
| (79) | Exception CRE 79 |
| 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 270 of former City of Toronto By-law 438-86; and
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| (B) | On 230 Wellington St. W., City of Toronto by-law 903-99.
|
|
| (80) | Exception CRE 80 |
| 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 57 Spadina Avenue, if the requirements of By-law 1062-2014 are complied with, none of the provisions of 50.5.40.10 (4), 50.5.40.10 (5), 50.10.40.10 (1), 50.10.40.10 (3), 50.10.40.30, 50.10.40.50, 50.10.40.60 (1), 50.10.40.70 (1), 50.10.40.70 (3), 50.10.40.70 (5)(A), 50.10.40.80(3), 200.5.10.1(1), 230.5.10.1(1), 230.5.10.1 (5), and 230.40.1.20 (2) apply to prevent the erection or use of a building, structure, addition or enlargement or public parking permitted in By-law 1062-2014, if the building, structure, or public parking complies with subsections (B) to (Y) of By-law 1062-2014;
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| (B) | The maximum gross floor area is 28,000 square metres, of which:
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|
| (i) | A maximum of 24,000 square metres of gross floor area may be used for residential uses;
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| (ii) | A maximum of 5,000 square metres of gross floor area may be used for non-residential uses, of which, a minimum of 2,500 square metres of gross floor area must be for office uses; and
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| (iii) | The area used for public parking is not included in the calculation of gross floor area;
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| (C) | A medical office or dental office is not permitted;
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| (D) | The whole of the building or structure must be located within the areas delineated by heavy lines shown on Diagram 2 of By-law 1062-2014;
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| (E) | The height of a building or structure, is measured from the Canadian Geodetic Datum elevation of 86.25 metres, and must not exceed the height in metres specified by the numbers following the symbol HT on Diagram 2 of By-law 1062-2014;
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| (F) | The number of storeys in a building, must not exceed the number following the symbol ST on Diagram 2 of By-law 1062-2014;
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| (G) | Despite subsections (D) and (E) of this By-law, the following building elements and structures are permitted to project horizontally beyond the heavy lines and building envelopes other than a lot line, specified on Diagram 2 of By-law 1062-2014, subject to the following limitations:
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| (i) | Eaves, cornices, window sills, landscape features, wheel chair ramps, light fixtures, stairs and stair enclosures, balustrades, guardrails, bollards - no limitations;
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| (ii) | Awnings, canopies - a maximum of 3.0 metres beyond the exterior of the wall to which such awnings and canopies are attached;
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| (iii) | Balconies - a maximum of 2.0 metres beyond the heavy lines shown on Diagram 2; and
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| (iv) | Ornamental elements, architectural elements - a maximum of 2.0 metres beyond the heavy lines shown on Diagram 2;
|
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| (H) | Despite subsections (D) and (E) of this By-law, the following building elements and structures are permitted to extend vertically above the maximum heights and building envelopes specified on Diagram 2 of By-law 1062-2014, subject to the following limitations:
|
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| (i) | Elements associated with a green roof - a maximum vertical projection of 0.5 metres above the heights shown on Diagram 2;
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| (ii) | Railings - a maximum vertical projection of 1.2 metres above the heights shown on Diagram 2;
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| (iii) | Fences, privacy screens - a maximum vertical projection of 2.4 metres beyond the heights shown on Diagram 2;
|
| (iv) | Vents, stacks, chimneys - a maximum vertical projection of 3.2 metres above the heights shown on Diagram 2;
|
| (v) | Parapets - a maximum vertical projection of 1.2 metres above the height of 31.65 metres shown on Diagram 2, and parapets on all other portions of the building are limited to a maximum vertical projection of 0.9 metres above the heights shown on Diagram 2; and
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| (vi) | Structures used for outside or open air recreation, safety or wind protection purposes and the structures shall not enclose space so as to constitute a form of penthouse or other room or rooms - a maximum vertical projection of 3.0 metres above the heights shown on Diagram 2;
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|
| (I) | Despite subsection (G) of this By-law, balconies, ornamental and architectural elements over the area of the 1.3 metre future stratified lane widening are permitted if such balconies, ornamental and architectural elements are located a minimum of 10 metres above the Canadian Geodetic Datum elevation of 86.25 metres;
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| (J) | Despite subsection (G) of this By-law, balconies attached to the northerly main wall of the building, subject to a height limit of 116.25 metres and shown with an east-west dimension of 19.01 metres on Diagram 2 of By-law 1062-2014, are limited to a maximum horizontal projection of 0.23 metres;
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| (K) | Despite subsection (H) of this By-law, building elements and structures permitted to extend above the height of the mechanical penthouse as identified on Diagram 2 of By-law 1062-2014 are limited to vents, stacks, chimneys, parapets, screens and railings, subject to the limitations noted in subsection (H) of this By-law;
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| (L) | A minimum of 288 square metres of outdoor amenity space must be provided and maintained and:
|
|
| (i) | At least 40.0 square metres must be adjoining or directly accessible to the indoor amenity space; and
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| (ii) | No more than 25% of the required outdoor amenity space may be provided as a green roof;
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| (M) | Indoor amenity space must be provided at a rate of at least 2.0 square metres for each dwelling unit and must be directly accessible to at least one room with a kitchen and washroom;
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| (N) | Parking spaces for residents on the lot must be provided and maintained in accordance with the following minimum standards:
|
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| (i) | 0.3 parking spaces for each bachelor dwelling unit;
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| (ii) | 0.5 parking spaces for each bedroom dwelling unit;
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| (iii) | 0.75 parking spaces for each two bedroom dwelling unit; and
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| (iv) | 1.20 parking spaces for each three or more bedroom dwelling unit;
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| (O) | A minimum of one loading space - type G and one loading space - type B must be provided and maintained on the lot;
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| (P) | Parking spaces for residents on the lot may be reduced at a rate of 1 parking space for each 5 bicycle parking space provided in excess of the minimum number of required bicycle parking spaces for the lot based on the standards in subsection (Q) of this By-law, provided the reduction is not greater than 20% of the total minimum parking spaces required in subsection (N) of this By-law;
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| (Q) | Bicycle parking spaces must be provided in accordance with the following minimum standards:
|
|
| (i) | A minimum of 1.0 bicycle parking spaces for each dwelling unit, allocated as 0.8 "long term" bicycle parking spaces per dwelling unit and 0.2 "short term" bicycle parking spaces per dwelling unit;
|
| (ii) | A minimum of 0.2 "long term" bicycle parking spaces for each 100 square metres of gross floor area of office uses, and a minimum of the greater of 0.2 "short term" bicycle parking spaces for each 100 square metres of gross floor area of office uses or 6 bicycle parking spaces; and
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| (iii) | A minimum of 0.2 "long term" bicycle parking spaces for each 100 square metres of gross floor area of retail uses, and a minimum of the greater of 0.3 "short term" bicycle parking spaces for each 100 square metres of gross floor area of retail uses or 6 bicycle parking spaces;
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| (R) | A minimum of 25 parking spaces for visitors to the dwelling units, and visitors and occupants of the non-residential uses must be provided, and may be in a public parking use on the lot. The following minimum number of parking spaces must be reserved for the exclusive use of visitors to the dwelling units:
|
|
| (i) | Between Monday 6:01 a.m. to Friday 6:00 p.m.:
|
|
| (a) | 2 parking spaces between the hours of 6:01 a.m. to 12:00 p.m.;
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| (b) | 7 parking spaces between the hours 12:01 p.m. to 6:00p.m.;
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| (c) | 14 parking spaces between the hours 6:01 p.m. to 6:00 a.m.; and
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|
| (ii) | Between Friday 6:01 p.m. to Monday 6:00 a.m., 14 parking spaces;
|
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| (S) | Despite regulation 200.5.1.10 (2), 4 parking spaces may have a minimum length of 5.3 metres and are not subject to regulation 200.5.1.10 (2) (D);
|
| (T) | Despite regulation 230.5.1.10 (4), a stacked bicycle parking space may have a minimum width of 0.45 metres;
|
| (U) | This exception will apply to all of the lands regardless of future severance, partition or division;
|
| (V) | For the purposes of By-law 1062-2014, the terms set forth in bold type must have the same meaning as such terms have for the purposes of By-law 569-2013 as amended, except that the following definitions must apply:
|
|
| (i) | "Owner" means the registered owner of the lot; and
|
| (ii) | "Car share" means the practice where a number of people share the use of one or more cars that are owned by a profit or non-profit sharing organization and where such organization may require that use of cars be reserved in advance, charge fees based on time and/or kilometres driven, and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or not be refundable;
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|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 260 of former City of Toronto By-law 438-86;
|
| (B) | Section 12(2) 270 of former City of Toronto By-law 438-86;
|
| (C) | On 373 and 375 King St. W., City of Toronto by-law 317-08;
|
| (D) | On 393 King St. W., former City of Toronto by-laws 121-86 and 315-89; and
|
| (E) | On 401 King St. W., former City of Toronto by-law 454-86." [By-law 1062-2014 as amended by By-laws 782-2015 and 580-2017] [ By-law: 1062-2014 ]
|
|
| (81) | Exception CRE 81 |
| 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 260 of former City of Toronto By-law 438-86;
|
| (B) | Section 12(2) 270 of former City of Toronto By-law 438-86; and
|
| (C) | On 620 Richmond St. W., former City of Toronto by-law 706-83.
|
|
| (82) | Exception CRE 82 |
| 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 208 of former City of Toronto By-law 438-86;
|
| (B) | Section 12(2) 260 of former City of Toronto By-law 438-86;
|
| (C) | Section 12(2) 270 of former City of Toronto By-law 438-86;
|
| (D) | Section 12(5)(h) of former City of Toronto By-law 438-86;
|
| (E) | On the odd numbered addresses of 183-197 Front St. E., former City of Toronto by-law 410-93;
|
| (F) | On 227 Front St. E., former City of Toronto by-law 148-87;
|
| (G) | On the odd numbered addresses of 61-63 Jarvis St., former City of Toronto by-law 97-0233;
|
| (H) | On the lands municipally known as 150 King St. East, Section 12(2) 314 of former City of Toronto By-law 438-86;
|
| (I) | On 150 King St. E., former City of Toronto by-law 97-0233;
|
| (J) | On the even numbered addresses of 166-168 King St. E., former City of Toronto by-law 97-0233;
|
| (K) | On the lands municipally known as 187 King St. East in 1978, Section 12(2) 83 of former City of Toronto By-law 438-86;
|
| (L) | On 201 King St. E., former City of Toronto by-laws 477-81 and 697-84;
|
| (M) | On 333 King St. E., former City of Toronto by-law 586-76; and
|
| (N) | On 359 King St. E., former City of Toronto by-law 783-87.
|
|
| (83) | Exception CRE 83 |
| 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 purpose of this exception, "Parcel A" means the lands shown on Diagram 1 of By-law 588-2023 starting at the Canadian Geodetic Datum elevation of 85.5 metres and extending vertically above;
|
| (B) | For the purpose of this exception, "Parcel B" means the lands shown on Diagram 1 of By-law 588-2023 including the portion extending beneath "Parcel A", below the Canadian Geodetic Datum elevation of 85.5 metres;
|
| (C) | None of the provisions of Regulation 900.12.10(85) apply to "Parcel A" as shown on Diagram 2 of By-law 588-2023; and
|
| (D) | Regulation 900.12.10(85) applies to "Parcel B" as shown on Diagram 2 of By-law 588-2023.
|
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Sections 12(2)260 and 12(2)270 of former City of Toronto By-law 438-86. [ By-law: 588-2023 ]
|
|
| (84) | Exception CRE 84 |
| 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 260 of former City of Toronto By-law 438-86;
|
| (B) | Section 12(2) 270 of former City of Toronto By-law 438-86; and
|
| (C) | On or between the even numbered addresses of 108-116 George St. and 234 Adelaide street, City of Toronto by-law 215-2006.
|
|
| (85) | Exception CRE 85 |
| 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 the lands municipally known as 101 to 105 Spadina Avenue and 363 Adelaide Street West, if the requirements of By-law 588-2023 are complied with, a building or structure may be constructed, used or enlarged on "Parcel B" as shown on Diagram 1 of By-law 588-2023 in compliance with Regulations (B) to (T) below;
|
| (B) | None of the provisions of (E) to (T) below apply to "Parcel A" as shown on Diagram 1 of By-law 588-2023;
|
| (C) | For the purpose of this exception, "Parcel A" means the lands shown on Diagram 1 of By-law 588-2023 starting at the Canadian Geodetic Datum elevation of 85.5 metres and extending vertically above;
|
| (D) | For the purpose of this exception, "Parcel B" means the lands shown on Diagram 1 of By-law 588-2023 including the portion extending beneath "Parcel A", below the Canadian Geodetic Datum elevation of 85.5 metres;
|
| (E) | Despite Regulations 50.5.40.10(1) and (2), the height of a building or structure on is the distance between the Canadian Geodetic Datum elevation of 88.5 metres and the elevation of the highest point of the building or structure;
|
| (F) | In addition to the uses permitted in Regulations 50.10.20.10(1) and 50.10.20.20(1), a public parking facility is also permitted, provided it is located in an underground parking garage;
|
| (G) | Despite Regulation 50.10.40.10(1) 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 588-2023;
|
| (H) | Despite Regulations 50.5.40.10(3), (4), (5), (6), (7), and (8), and (H) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law 588-2023:
|
|
| (i) | equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, elevator overruns and elevator shafts, enclosed stairwells, roof access, maintenance equipment storage, chimneys, and vents, by a maximum of 6.0 metres;
|
| (ii) | structures that enclose, screen or cover the equipment, structures and parts of a building listed in (i) above, by a maximum of 6.0 metres;
|
| (iii) | architectural features, parapets, roof assemblies, and elements and structures associated with a green roof, by a maximum of 3.0 metres;
|
| (iv) | building maintenance units and window washing equipment, and light poles by a maximum of 4.0 metres;
|
| (v) | planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 4.0 metres; and
|
| (vi) | trellises, pergolas, canopies and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 4.0 metres.
|
|
| (I) | The permitted maximum gross floor area of all buildings and structures is 28,000 square metres, of which:
|
|
| (i) | the permitted maximum gross floor area for residential uses is 27,815 square metres; and
|
| (ii) | the required minimum gross floor area for non-residential uses is 185 square metres.
|
|
| (J) | Despite Regulation 50.10.40.30(1), a building may be set back more than 50.0 metres from a lot line that abuts Spadina Avenue;
|
| (K) | Despite Regulation 50.10.40.50(1), amenity space must be provided at a minimum rate of 3.0 square metres for each dwelling unit on the lot at the following rate:
|
|
| (i) | at least 2.6 square metres for each dwelling unit as indoor amenity space;
|
| (ii) | at least 0.4 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;
|
| (iii) | none of the outdoor component may be a green roof;
|
| (iv) | indoor amenity space may include guest suites that do not exceed an aggregate gross floor area of 200 square metres; and
|
| (v) | for the purposes of this exception, guest suites do not constitute dwelling units.
|
|
| (L) | Despite Regulations 50.10.40.70(1), and (5), 50.10.40.80(3) and Article 600.10.10, the required minimum building setbacks and the required separation of main walls are as shown in metres on Diagram 3 of By-law 588-2023;
|
| (M) | Despite (M) above and Clauses 50.5.40.60 and 50.10.40.60, the following elements may encroach into the required minimum building setbacks and main wall separation distances shown on Diagram 3 of By-law 588-2023 as follows:
|
|
| (i) | canopies and awnings, by a maximum of 3.0 metres;
|
| (ii) | cladding, lighting fixtures, pipes and vents, architectural features such as a pilaster, column, cornice, sill, belt course, eaves, or chimney breast, by a maximum of 1.0 metres; and
|
| (iii) | window projections, window washing equipment, mechanical and privacy screens, fences, trellises and railings by a maximum of 3.0 metres.
|
|
| (N) | Despite Regulation 50.10.40.1(1), if a building is located on a lot in the CRE zone bounded by Queen Street West to the north, Simcoe Street to the east, Front Street West to the south, and Bathurst Street to the west, the elevation of the first storey of the building must be at or within 0.7 metres above the height of the public sidewalk abutting the site.
|
| (O) | Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
|
|
| (i) | a minimum of 70 parking spaces within a public parking facility; and
|
| (ii) | no parking spaces are required solely for the use of residential occupants, residential visitors or non-residential uses.
|
|
| (O) | Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:
|
| (P) | Despite Regulation 200.5.1.10(2) a parking space for public parking must have the following minimum dimensions:
|
|
| (i) | Length of 5.2 metres
|
| (ii) | Width of 2.6 metres; and
|
| (iii) | Vertical clearance of 2.0 metres.
|
|
| (P) | Despite Regulation 200.5.1.10(2) a parking space for public parking must have the following minimum dimensions:
|
| (Q) | Despite Regulation 200.15.1(1) an accessible parking space required by (R) below must have the following minimum dimensions:
|
|
| (i) | length of 5.2 metres;
|
| (ii) | width of 2.4 metres;
|
| (iii) | vertical clearance of 2.0 metres; and
|
| (iv) | the entire length of an accessible parking space must be adjacent to a 1.5 metre wide accessible barrier free aisle or path as shown on Diagram 1 and Diagram 2 of By-law 579-2017
|
|
| (Q) | |
| (R) | Despite Regulation 200.15.10.10, one accessible parking space must be provided for every 42 dwelling units and may be located anywhere within the parking garage, subject to (Q) above;
|
| (R) | |
| (S) | Despite Regulation 230.5.1.10(4)(C), the minimum required width of a stacked bicycle parking space is 0.25 metres;
|
| (S) | |
| (T) | Despite Regulations 230.5.1.10(9), "long-term" bicycle parking spaces may be located:
|
|
| (i) | On any level of the building below-ground, provided that no more than 50 percent of the required bicycle parking spaces are located below the first level below-ground.
|
|
| (T) | |
|
|
Prevailing By-laws and Prevailing Sections: (None Apply)
[ By-law: 588-2023 ] |
| (89) | Exception CRE 89 |
| 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: (None Apply)
|
|
Prevailing By-laws and Prevailing Sections: |
|
| (A) | Section 12(2) 270 of former City of Toronto By-law 438-86; and
|
| (B) | On or between the even numbered addresses of 326-360 King St. W., and 80 John St., City of Toronto by-laws 908-00 and 454-04.
|
|
|
