O. Reg. 194/24: ZONING ORDER - ONTARIO PLACE

 

 

ontario regulation 194/24

made under the

Rebuilding Ontario Place Act, 2023

Made: May 17, 2024
Filed: May 17, 2024
Published on e-Laws: May 21, 2024
Published in The Ontario Gazette: June 1, 2024

ZONING ORDER - Ontario Place

CONTENTS

 

Definitions and interpretation

1. (1) In this Order,

“Block Map” means the map numbered 1 and filed at the Toronto office of the Ministry of Infrastructure located at 777 Bay Street;

“Block 1” means a portion of the land described in subsection 2 (1) and identified as Parts 28, 29, 30, 39, 40, 41, 42 and 48 on Reference Plan 66R-34049, and includes the East Portion of Part 38 and the South Portion of Part 43, but excludes the West Portion of Part 48, as shown as Block 1 and outlined by heavy lines on the Block Map;

“Block 2” means a portion of the land described in subsection 2 (1) identified as Parts 22, 26, 27, 33, 35, 36, 37, 38 and 46 on Reference Plan 66R-34049, and includes the North Portion of Part 43 and the West Portion of Part 48, but excludes the West Portion of Part 33 and the East Portion of Part 38, as shown as Block 2 and outlined by heavy lines on the Block Map;

“Block 3” means a portion of the land described in subsection 2 (1) identified as Part 20 on Reference Plan 66R-34049, as shown as Block 3 and outlined by heavy lines on the Block Map;

“Block 4” means a portion of the land described in subsection 2 (1) and identified as Parts 1, 10, 17, 18, 19, 21, 23, 24, 25, 31, 32, 34, 44 and 45 on Reference Plan 66R-34049, and includes the West Portion of Part 33, as shown as Block 4 and outlined by heavy lines on the Block Map;

“Block 1 mainland” means the portion of Block 1 within 150 metres of the northern limit of Block 1, excluding shore lands;

“Block 2 mainland” means the portion of Block 2 within 150 metres of the northern limit of Block 2, excluding shore lands;

“Block 4 mainland” means the portion of Block 4 within 150 metres of the northern limit of Block 2, excluding shore lands, the west island and a bridge;

“building envelope” means the exterior limit of Parts 45 and 17 as shown on Plan 66R-34049 and labelled as “building envelope” on the Block Map;

“car share” means the practice of sharing the use of one or more cars that are owned by a for-profit or non-profit car-sharing organization and that are made available for short-term rental, including hourly rental;

“east boundary” means the line extending from Point C to Point D as shown on the Block Map;

“East Portion of Part 38” means Part 38 as shown on Reference Plan 66R-34049, excluding the portion within 163 metres of the western limit of Part 38;

“floorplate” means the total area of a floor level or mezzanine level, of a building measured from the exterior of the main walls of the floor level or mezzanine level, including voids at the level of the floor, and areas occupied by stairwells, escalators, elevators, ventilation ducts or utility shafts;

“multi-use path” means a pathway designed to accommodate pedestrians, bicycles or other recreational modes of travel, excluding cars and trucks, with the exception of emergency vehicles and vehicles providing goods or services to a waterpark and wellness facility;

“north boundary” means the line extending from Point A to Point B as shown on the Block Map;

“North Portion of Part 43” means the contiguous portion of Part 43 north of a line commencing from a point located at the intersection of the southwest corner of the West Portion of Part 48 with Part 43, extending westward at 90 degrees to the eastern limit of Part 43 for a distance of 77 metres, then southward at 90 degrees for a distance of 23 metres, then westward at 90 degrees for a distance of 6 metres, then southward at 90 degrees for a distance of 13 metres, then westward at 90 degrees for a distance of 40 metres, then north-westward at 45 degrees until such line connects with the limit of Part 44, with all reference to Parts being as shown on Reference Plan 66R-34049;

“outdoor patio” means an outdoor patron area used for the purpose of a permitted non-residential use or ancillary to a permitted non-residential use;

“personal service shop” means premises used to provide personal grooming services;

“Point A” means the point labelled A on the Block Map, being the western limit of the line shown with a length of 15.1 metres and a bearing of north 55º24’40” east on Reference Plan 66R-34049;

“Point B” means the point labelled B on the Block Map, being the point of intersection of Parts 17 and 19 on Reference Plan 66R-34049;

“Point C” means the point labelled C on the Block Map, being the point of intersection of Parts 17 and 25 on Reference Plan 66R-34049;

“Point D” means the point labelled D on the Block Map, being the southern point of the line having an arc of 23.06 metres and a bearing of north 4º40’20” west on Reference Plan 66R-34049;

“Point E” means the point labelled E on the Block Map, being the western limit of the line having an arc of 26.75 metres and a bearing of north 76º42’40” east on Reference Plan 66R-34049;

“publicly accessible open space” means landscaping that is available for use by the public, including seating areas, pools, water features, piers, permanent docks, beaches and recreational facilities, excluding shorelands;

“seasonal buildings and structures” means temporary buildings and structures, including a tent, shipping container, kiosk, table, stage, band shell or other similar structures, erected and used for a period not exceeding 12 months for the purposes of accommodating temporary cultural, social, artistic, educational, recreational, entertainment, retail or food and beverage activities, and may include an entertainment place of assembly, a retail store, an eating establishment or a take-out eating establishment;

“shore lands” means lands covered or seasonally covered by the water of Lake Ontario, excluding piers;

“south boundary” means the line extending from Point D to Point E as shown on the Block Map;

“waterpark and wellness facility” means premises containing a wellness centre with massage therapy, saunas, thermal spas, a waterpark with waterslides and swimming pools, and may also include the following ancillary uses:

1.  Personal service shops.

2.  Aquariums and other aquatic features.

3.  Retail stores.

4.  Eating establishments, including take-out eating establishments.

5.  Artist studios and art galleries.

6.  Museums.

7.  Entertainment places of assembly.

8.  Places of assembly.

9.  Recreation uses.

“west boundary” means the line extending from Point A to Point E as shown on the Block Map;

“west island” means that portion of Block 4 which does not abut the Block 4 mainland, excluding bridges and shore lands;

“West Portion of Part 33” means the portion of Part 33, located west of a line commencing from the north east corner of Part 34 and extending north and parallel to the eastern limit of Part 33 to intersect with the northern limit of Part 33, with all references to Parts being as shown on Reference Plan 66R-34049;

“West Portion of Part 48” means the portion of Part 48 within the area bounded by a line commencing from a point located on the western boundary of Part 48 that is 88 metres south of the intersection of the western boundary of Part 48 with the southeast corner of Part 26, extending eastward at 90 degrees from the western boundary of Part 48 for a distance of 20 metres, then southward at 90 degrees for a distance of 62 metres, then westward at 90 degrees until such line connects with the western limit of Part 48, with all reference to Parts being as shown on Reference Plan 66R-34049;

“Zoning By-law” means Zoning By-law 569-2013 of the City of Toronto.

(2) In this Order, the South Portion of Part 43 refers to Part 43 on Reference Plan 66R-34049, excluding the following:

1.  The contiguous portion of Part 43 west of a line commencing at the eastern most point of the line shown having a length of 39.14 metres and a bearing of north 56º59’00” east on Reference Plan 66R-34049, extending south and parallel to the east limit of Part 43 to intersect with the south limit of Part 43, with all reference to Parts being as shown on Reference Plan 66R-34049.

2.  The North Portion of Part 43.

(3) In this Order, a reference to a “Block” refers to any one of Block 1, Block 2, Block 3 or Block 4, and a reference to the “Blocks” refers to Block 1, Block 2, Block 3 and Block 4 taken together.

(4) Words and expressions used in this Order have the same meaning as the corresponding words and expressions used in the Zoning By-law, except if otherwise defined in subsection (1).

Application

2. (1) This Order applies to land in the City of Toronto, in the Province of Ontario, being the land,

(a)  identified as Block 1, Block 2, Block 3 and Block 4 on the Block Map; and

(b)  identified on Reference Plan 66R-34049, registered in the Land Registry Office for the Land Titles Division of Toronto (No. 80), as Part 1, Part 10, Parts 17 to 42 and Parts 44 to 48, as well as the South Portion of Part 43 and the North Portion of Part 43.

(2) The land described in subsection (1) shall be considered as a single lot, and despite any future severance, partition or division of the land, the Order shall apply to it as if no severance, partition or division occurred.

(3) Nothing in this Order or in the Zoning By-law shall prevent,

(a)  uses permitted by this Order within any building or structure that exists on the land described in subsection (1) on the day this Order comes into force; or

(b)  uses that exist on the land described in subsection (1) on the day this Order comes into force.

Non-application of policy statements, etc.

3. Policy statements issued under subsection 3 (1) of the Planning Act, provincial plans and official plans do not apply in respect of a licence, permit, approval, permission or other matter required before a use permitted by this Order may be established on the land described in subsection 2 (1).

Non-application of s. 114 of the City of Toronto Act, 2006, site plan control area

4. Section 114 of the City of Toronto Act, 2006 does not apply to Block 1 and Block 4.

Permitted uses

5. (1) Every use of land and every erection, location or use of any building or structure, including, for greater certainty, residential, hotel and casino uses, is prohibited on the Blocks, except for the following uses:

1.  The uses permitted under clause 90.30.20.10 of the Zoning By-law.

2.  Artist studio.

3.  Day nursery.

4.  Eating establishment, including take-out eating establishment.

5.  Marina.

6.  Outdoor patio.

7.  Outdoor market.

8.  Personal service shop.

9.  Publicly accessible open space.

10.  Recreational or commercial water craft uses, including a boating club, a school, rental crafts, ferry operations, water taxis, boat rides, cruises, water tours, mooring, launching and storage of watercrafts, water safety and life-saving facilities.

11.  Renewable energy.

12.  Retail store.

13.  Seasonal buildings and structures.

(2) In addition to the uses permitted under subsection (1), the following uses are permitted on Block 1:

1.  Repair and maintenance of recreational boats and boat equipment.

2.  Public parking.

3.  Car share.

4.  Transportation uses.

(3) In addition to the uses permitted under subsection (1), the following uses are permitted on Block 2:

1.  Education use.

2.  Museum.

3.  Public parking.

4.  Transportation uses.

(4) In addition to the uses permitted under subsection (1), the following uses are permitted on Block 4:

1.  Outdoor waterpark uses.

2.  Wellness centre.

3.  Massage therapy.

4.  Waterpark and wellness facility.

5.  With respect to the West Portion of Part 33, uses ancillary to the uses permitted on the rest of Block 4.

(5) Uses ancillary to the uses set out in subsections (1) to (4) are permitted, including bike-share facilities, but not including, for greater certainty, residential, hotel and casino uses.

Zoning requirements

6. (1) Except as otherwise provided in this section, the zoning requirements for the uses permitted under section 5 are the Open Space Recreation (OR) requirements set out in sections 90.5 and 90.30 and those set out in chapters 1, 5, 2, 200, 220, 230 and 800 of the Zoning By-law.

(2) The following zoning requirements apply to the Blocks:

1.  The following provisions of the Zoning By-law do not apply:

i.  Regulation 5.10.30.1 (1).

ii.  Clauses 5.10.40.1, 5.10.40.70 and 5.10.40.80.

iii.  Clauses 90.5.40.10 and 90.5.40.60.

iv.  Article 90.5.80.

v.  Clause 90.30.20.100, with respect to the uses permitted under subsection 5 (1) of this Order.

vi.  Article 90.30.40.

vii.  Article 200.5.10, Table 200.5.10.1 and Article 200.20.10.

viii.  Clause 200.15.10.5.

ix.  Articles 220.5.10 and 220.20.1.

2.  The gross floor area of a non-residential building shall be reduced by the area in the building used for,

i.  parking spaces, bicycle parking spaces and loading spaces that are below ground, including areas used for vehicle manoeuvring,

ii.  the required parking spaces, bicycle parking spaces and loading areas that are at ground or above ground,

iii.  storage, electrical, utility, mechanical and ventilation rooms,

iv.  shower and change facilities required by the Zoning By-law for the required bicycle parking spaces,

v.  elevator shafts,

vi.  mechanical penthouse,

vii.  exit stairwells in the building,

viii.  seasonal buildings and structures, and

ix.  the area of any void adjacent a mezzanine or partial floor level.

3.  There is no minimum building setback or minimum building separation requirement for any portion of a building or structure below the finished ground surface.

4.  Parking spaces are permitted on a non-exclusive basis for uses occurring on the Blocks.

5.  Parking spaces are permitted to be located within the premises of a public parking use.

6.  Parking spaces in support of the uses permitted on the Blocks are permitted, subject to the requirements of this Order, and may be provided off-site.

7.  A maximum of 10 surface parking spaces are permitted on each of Block 2, Block 3 and Block 4, excluding parking spaces located in a building, and more than 10 surface parking spaces are permitted on Block 1.

8.  Parking spaces are permitted as carshare parking spaces.

9.  Parking spaces must meet the minimum dimensions set out in clause 200.5.10 of the Zoning By-law, except that a maximum of 5 per cent of the total number of parking spaces may have a length of 5.6 metres and a width of 2.6 metres, despite one side of the parking space being obstructed.

10.  The minimum dimensions of a perpendicular accessible parking space are 5.6 metres in length, 3.4 metres in width and 2.1 metres of vertical clearance.

11.  The minimum dimensions of a parallel accessible parking space are 7.1 metres in length, 2.6 metres in width and 2.1 metres of vertical clearance.

12.  The entire length of an accessible parking space must be adjacent to an accessible barrier-free aisle or path that is 1.5 metres in width.

13.  Off-street accessible parking spaces must be clearly identified and provided in accordance with the following rules:

i.  If the number of parking spaces provided on a Block is 10 or fewer, at least one parking space must be provided as an accessible parking space.

ii.  If the number of parking spaces provided on a Block is between 11 and 100, at least one parking space for every 25 parking spaces or part thereof must be provided as an accessible parking space.

iii.  If the number of parking spaces provided on a Block is more than 100, at least five parking spaces must be provided as accessible parking spaces and at least one parking space for every 50 parking spaces or part thereof in excess of 100 parking spaces must be provided as accessible parking spaces.

iv.  All accessible parking spaces must comply with the regulations for an accessible parking space set out in section 200.15 of the Zoning By-law.

v.  All accessible parking spaces that exist on the Blocks on the day this Order comes into force are deemed to comply with regulations referred to in subparagraph iv.

14.  Long-term bicycle parking spaces within a building are permitted anywhere above or below ground.

15.  Long-term bicycle parking spaces and short-term bicycle parking spaces are permitted to be located in stacked bicycle parking spaces.

16.  Any bicycle parking space must be at least 0.45 metres in width.

17.  A building or structure permitted by clause 2 (3) (a) that is damaged or destroyed by causes beyond the control of the owner may be repaired or restored if the repair or restoration does not alter the location of any part of the building or structure as it existed on the land described in subsection 2 (1) on the day this Order comes into force.

(3) In addition to the requirements set out in subsection (1), the following requirements apply to Block 1:

1.  Any public parking, car share and transportation uses on Block 1 must be located on the Block 1 mainland.

2.  Subject to paragraph 3, the premises of any permitted non-residential use must not exceed a maximum gross floor area of 30 square metres.

3.  The premises of an eating establishment, excluding the area of an outdoor patio, must not exceed a maximum gross floor area of 50 square metres, with the exception that two eating establishments, each with a gross floor area of 300 square metres or less, are permitted.

4.  The gross floor area of a marina, including any ancillary eating establishments, is not limited.

5.  Any building or structure on the Block 1 mainland must have a minimum setback of 2.0 metres from the Martin Goodman Trail.

6.  Article 230.5.10 (Bicycle Parking Rates) of the Zoning By-law does not apply.

(4) In addition to the requirements set out in subsection (1), the following requirements apply to Block 2:

1.  Any public parking uses on Block 2 must be located on the Block 2 mainland.

2.  Any transportation uses on Block 2 must be located on the Block 2 mainland.

3.  Any building on Block 2 may only be used for an education use, a museum or a transportation use, including ancillary uses to those uses.

4.  Any building on the Block 2 mainland is permitted to a maximum of six storeys, excluding a mezzanine or partial floor level and projections required for the functional operation of the building, such as electrical, utility, mechanical and ventilation equipment, as well as structures screening or enclosing such projections.

5.  Any building on the Block 2 mainland must have a minimum setback of 6 metres from the Martin Goodman Trail.

6.  Any building or structure on the Block 2 mainland must have a minimum setback of 70 metres from the eastern limit of Block 4.

7.  Projections associated with the following structures may project beyond the required minimum building setback set out in paragraph 6:

i.  Vents.

ii.  Stacks.

iii.  Shafts.

iv.  Landscape elements.

v.  Retaining walls.

vi.  Transformers.

vii.  Canopies.

viii.  Structures for weather protection.

ix.  Covered bicycle parking structures.

x.  A building used for the purpose of pedestrian entrance to an underground parking garage.

(5) In addition to the requirements set out in subsection (1), the following requirements apply to Block 3:

1.  The gross floor area of all buildings and structures on Block 3, excluding the gross floor area of buildings or structures permitted under clause 2 (3) (a), must not exceed 1,000 square metres.

2.  Article 230.5.10 (Bicycle Parking Rates) of the Zoning By-law does not apply.

(6) In addition to the requirements set out in subsection (1), the following requirements apply to Block 4:

1.  A waterpark and wellness facility is permitted as a principal use.

2.  The total combined gross floor area of all buildings and structures must not exceed 63,000 square metres and, in addition, if there is a building containing a waterpark and wellness facility, the combined gross floor area of all uses that are not located in the same building must not exceed the gross floor area of the building containing the waterpark and wellness facility.

3.  Publicly accessible open space must be provided on Block 4 in accordance with the following rules:

i.  A minimum of 6.4 hectares of publicly accessible open space must be provided and may include areas on the roof of a building, areas of a green roof and areas on a bridge.

ii.  The space described in subparagraph i must include a minimum of 5 hectares, excluding areas on the roof of a building and areas on a bridge.

iii.  The space described in subparagraph ii must include a continuous loop of publicly accessible open space in accordance with the following requirements:

A.  The space must be provided around the entire west island adjacent to the shore lands or to the boundary between Block 4 and Block 1.

B.  The space must have a minimum width of 20 metres, and include a multi-use path of a minimum width of 6 metres, with the following exceptions:

1.  The space may be reduced to a width of 6 metres and must contain only a multi-use path where the space is either below any portion of the west island covered by a bridge connecting to the Block 4 mainland or is within 40 metres of that bridge.

2.  The space may be reduced to a width of 18 metres and must include a multi-use path having a minimum width of 6 metres, where the space is both adjacent to the shore lands and opposite the east boundary of the building envelope shown on the Block Map.

iv.  The space described in subparagraph i must include a bridge connecting the west island to the Block 4 mainland that has publicly accessible open space areas comprised of two separate multi-use paths along the outside limits of the bridge.

v.  The multi-use paths described in subparagraph iv must have a minimum width of,

A.  6 metres in the case of the path along the northerly outside limit of the bridge, and

B.  4 metres in the case of the path along the southerly outside limit of the bridge.

vi.  No more than 30 per cent of the space described in subparagraph ii may be occupied by buildings and structures, subject to the requirements set out in paragraphs 4 and 5.

4.  The following requirements apply to buildings located outside of the building envelope on the west island:

i.  A maximum of seven individual buildings are permitted with a combined gross floor area not exceeding 1,300 square metres.

ii.  Only one individual building is permitted to contain a gross floor area of up to 400 square metres, while the rest of the buildings are permitted to contain a gross floor area of up to 300 square metres each.

5.  A maximum of 45,000 square metres of Block 4 may be covered by any part of a building or structure containing a waterpark and wellness facility on or above the surface of the ground, including by a cantilevered portion of the building and a bridge across water.

6.  The height of a building or structure on Block 4 is the vertical distance between the Canadian Geodetic Datum elevation of 78.5 metres and the highest point of the building or structure, excluding projections permitted by paragraphs 15 and 16.

7.  On the west island, the maximum building height is 44 metres.

8.  On the Block 4 mainland, the maximum building height is 25 metres.

9.  A bridge connecting the Block 4 mainland and the west island is permitted up to a maximum building height of 15 metres.

10.  On the west island, a building used for the purpose of a waterpark and wellness facility is subject to the following requirements:

i.  A building must be located within the building envelope, with the exception of permitted projections.

ii.  Any portion of a building that exceeds 25 metres in height must be set back at least,

A.  10 metres from the north boundary of the building envelope,

B.  25 metres from the west boundary of the building envelope,

C.  45 metres from the south boundary of the building envelope, and

D.  9.7 metres from the east boundary of the building envelope.

iii.  Despite sub-subparagraphs ii B and C, any portion of a building that exceeds 35 metres in height must be set back at least,

A.  50 metres from the west boundary of the building envelope shown on the Block Map, and

B.  84 metres from the south boundary of the building envelope shown on the Block Map.

iv.  A maximum of two separate building elements are permitted to be located above a height of 35 metres, as long as,

A.  the total floorplate size of all floor levels and mezzanine levels in both building elements does not exceed a combined total of 4,100 square metres, and

B.  any single floor level or mezzanine level in the building elements does not exceed a maximum floorplate size of 2,400 square metres.

11.  The building described in paragraph 10 excludes any portion used for a bridge, and such bridge may be enclosed and include gross floor area, including the associated ramps connecting the west island to the Block 4 mainland.

12.  There is no minimum setback for a bridge.

13.  Any building or structure on the Block 4 mainland must be set back at least 6 metres from the Martin Goodman Trail, excluding ramps.

14.  There is no minimum setback on the west island, except for what is required by paragraph 10.

15.  The following structures and features may project above the maximum building heights set out in paragraphs 7, 8, 9 and 10:

i.  Public art features.

ii.  Structures for weather protection.

iii.  Exterior pedestrian bridges.

iv.  Landscape features.

v.  Terraces.

vi.  Lightning rods.

vii.  Structures supporting vegetation and planting on the building and pedestrian bridge.

viii.  Exit stairs and associated structures and enclosures, telecommunication equipment, antennas, structures and elements related to drainage and roof assemblies, and structures and elements associated with green energy and renewable energy facilities, up to a maximum of 5 metres.

ix.  Architectural features, parapets, structural supports for glazed roof areas, light fixtures and architectural screens, up to a maximum of 4 metres.

x.  Structures providing safety or wind protection, or rooftop amenity space and vestibules providing access to rooftop amenity space, open air recreation structures including a pool and associated equipment, up to a maximum of 4 metres.

xi.  Elements and structures associated with green roof technology and related roofing material, and a parapet wall for a green roof, up to a maximum of 4 metres.

xii.  Cooling towers, vents, chimneys, flues, stacks, and mechanical fans, up to a maximum of 3 metres.

xiii.  Projections permitted by paragraph 16.

16.  The following structures and features may encroach into the minimum building setbacks set out in subparagraphs 10 ii and iii:

i.  Public art features.

ii.  Exterior shade structures.

iii.  Pedestrian bridges.

iv.  Landscape features.

v.  Wind mitigation features.

vi.  Stairs.

vii.  Planters.

viii.  Retaining walls.

ix.  Railings.

x.  Architectural features, up to a maximum of 1 metre.

xi.  Access ramps, patios and terraces, up to a maximum of 3 metres.

xii.  Awnings, canopies and roof overhangs, up to a maximum of 5 metres.

xiii.  The projections permitted by paragraph 15.

17.  The exterior wall of any building or structure located on the west island within the building envelope must not contain any openings, including any operable windows, doors and vents, at or below the flood protection limit, being the Canadian Geodetic Datum elevation of 77 metres.

18.  A minimum number of three Type B loading spaces and two Type C loading spaces must be provided on the Block 4 mainland.

19.  A minimum of 200 short-term bicycle parking spaces and 20 long-term bicycle parking spaces must be provided on the Block 4 mainland.

20.  Article 230.5.10 (Bicycle Parking Rates) of the Zoning By-law does not apply.

Other by-law

7. None of the provisions of By-law 438-86, as amended, for the former City of Toronto apply to the land described in subsection 2 (1).

Terms of use

8. (1) Every use of land and every erection, location and use of buildings or structures shall be in accordance with this Order.

(2) Nothing in this Order prevents the use of any land, building or structure for any use prohibited by this Order if the land, building or structure is lawfully so used on the day this Order comes into force.

(3) Nothing in this Order prevents the reconstruction of any building or structure that is damaged or destroyed by causes beyond the control of the owner if the dimensions of the original building or structure are not increased and its original use is not altered.

(4) Nothing in this Order prevents the strengthening or restoration to a safe condition of any building or structure.

Deemed by-law

9. This Order is deemed for all purposes, except the purposes of section 24 of the Planning Act, to be and to always have been a by-law passed by the council of the City of Toronto.

Commencement

10. This Regulation comes into force on the day it is filed.

Made by:

Kinga Surma

Minister of Infrastructure

Date made: May 17, 2024