Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 3, 2025
CASE NO.: OLT-22-004590
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 355 Adelaide Nominee Inc.
Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision
Purpose: To permit a 48-storey mixed-use building
Property Address/Description: 353 and 355 Adelaide St. W., 46 Charlotte St., and 16 Oxley St.
Municipality: City of Toronto
Municipality File No.: 20 160837 STE 10 OZ
OLT Case No.: OLT-22-004590
OLT Lead Case No.: OLT-22-004590
OLT Case Name: 355 Adelaide Nominee Inc. v. Toronto (City)
BEFORE:
STEVEN COOKE VICE-CHAIR
Wednesday, the 3rd day of December, 2025
THIS MATTER having come on for a public hearing on June 7, 2024 and the Ontario Land Tribunal (the “Tribunal”) having determined that the appeal(s) under subsection 34(11) of the Planning Act (the “Zoning Appeal”) should be allowed, in part, and should be approved, in principle, with the final Order withheld pending the Tribunal being advised by the City Solicitor that such conditions have be fulfilled as set out in the Tribunal’s Decision issued June 24, 2024;
AND THE TRIBUNAL having been advised that these above-noted matters have been completed to the satisfaction of the City of Toronto prior to the issuance of a final Order regarding the Zoning Appeal have been satisfied;
THE TRIBUNAL ORDERS that the Zoning Appeal is allowed and that Zoning By-law No. 569-2013 of the City of Toronto, as amended, is hereby amended in the manner set out in Attachment “1” to this Order. The Tribunal authorizes the municipal clerk to format and assign by-law numbers to the by-law in Attachment “1” as may be necessary, for record keeping purposes.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN REGISTRAR
Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ATTACHMENT 1
CITY OF TORONTO
BY-LAW -2025(OLT)
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 353 – 355 Adelaide Street West, 46 Charlotte Street and 16 Oxley Street.
Whereas the Ontario Land Tribunal, by its Decision issued on June 28, 2024 and its Order issued on December 3, 2025 in Tribunal File No. OLT-22-004590, determined to amend Zoning By-law 569‑2013, as amended, with respect to lands known municipally in the year 2024 as 353 – 355 Adelaide Street West, 46 Charlotte Street and 16 Oxley Street; and
The Ontario Land Tribunal Orders:
The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.
The words highlighted in bold type in this By-law have the meaning provided in Zoning By-law 569-2013, Chapter 800 Definitions.
Zoning By-law 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.10 respecting the lands subject to this By-law from a zone label of CRE (x74) to a zone label of CRE (x96) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by amending Article 900.12.10 Exception Number 96 so that it reads:
(96) Exception CRE 96
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 353-355 Adelaide Street West, 46 Charlotte Steet and 16 Oxley Street, if the requirements of By-law [Clerks to insert By-law ##] are complied with, a mixed use building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (R) below;
(B) Despite Regulations 5.10.30.20(1) and 5.10.30.20(2), the front lot line is the lot line fronting onto Adelaide Street West;
(C) For the purpose of this exception, each word or expression that is in bold will have the same meaning as such word or expression as defined in Chapter 800 of Zoning By-law 569-2013, as amended, except for the following:
(i) a storey does not include:
a. equipment used for the functional operation of the building, such as electrical, utility, mechanical and ventilation equipment; and
b. a mezzanine level located above the first storey and below the second storey of a building;
(ii) “Privately Owned Publicly Accessible Open Space” means a space on the lands situated at ground level and within the hatched and shaded areas shown on Diagram 4 attached to and forming part of this by-law that is accessible to the public and may include pedestrian walkways, seating areas, landscaped plazas, and ornamental structures and is used principally for the purpose of sitting, standing and other recreational uses;
(D) 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 88.5 metres and the highest point of the building or structure;
(E) 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 [Clerks to insert By-law ##];
(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 of By-law [Clerks to insert By-law ##];
(G) Despite Regulations 50.5.40.10(3) to (8), and (E) and (F) above, the following equipment and structures may project beyond the permitted maximum height of a building shown on Diagram 3 of By-law [Clerks to insert By-law ##]:
(i) equipment used for the functional operation of the building, including electrical, utility, mechanical and ventilation equipment, cooling equipment, water supply facilities, enclosed stairwells, roof access, maintenance equipment storage, elevator shafts and overruns, to a maximum of 8.0 metres;
(ii) structures that enclose, screen or cover the equipment, structures and parts of a building listed in (i) above, including a mechanical penthouse, to a maximum of 8.0 metres;
(iii) architectural features, parapets, and elements and structures associated with a green roof, to a maximum of 2.0 metres;
(iv) green roof elements, parapets, chimneys, pipes and vents located on top of a mechanical penthouse enclosure, may further exceed the permitted maximum height in (i) or (ii) above, to a maximum of 1.5 metres;
(v) building maintenance units and window washing equipment not located on top of a mechanical penthouse, to a maximum of 5.0 metres;
(vi) building maintenance units and window washing equipment, located on top of a mechanical penthouse enclosure, may further exceed the permitted maximum height in (i) or (ii) above, to a maximum of 5.0 metres;
(vii) cabanas, pergolas, trellises and unenclosed structures providing safety or wind protection to rooftop terraces or amenity space, by a maximum of 3.0 metres;
(viii) planters, landscaping features, guard rails, balustrades, privacy and decorative screens, terrace dividers, fences, by a maximum of 3.0 metres; and
(ix) structures and elements related to outdoor flooring and roofing assembly features, to a maximum of 0.5 metres;
(H) The permitted maximum gross floor area of all buildings and structures is 35,000 square metres and subject to the following:
(i) the permitted maximum gross floor area for residential uses is 34,780 square metres; and
(ii) the required minimum gross floor area for non-residential uses is 120 square metres;
(I) Despite Regulation 50.10.40.50(1), a building with 20 or more dwelling units must provide amenity space at a ratio of at least 2.35 square metres for each dwelling unit, of which:
(i) at least 2.0 square metres for each dwelling unit as indoor amenity space; and
(ii) at least 0.35 square metres for each dwelling unit as outdoor amenity space;
(J) Despite Clauses 50.10.40.70 and 50.10.40.80, and Section 600.10, the required minimum building setbacks and minimum above-ground separation distances between main walls are as shown, in metres, on Diagram 3 of By-law [Clerks to supply by-law #];
(K) Despite (J) above and Regulations 50.5.40.60(1), 50.10.40.60(1), (2), (3) (5), (6), (7) and (8), and 600.10.10(1)(D) and (E), the following building elements may encroach into the required minimum building setbacks and the minimum above-ground separation distances between main walls shown on Diagram 3 of By-law [Clerks to supply by-law #]:
(i) canopies and awnings, by a maximum of 3.0 metres;
(ii) exterior stairs, access ramps and elevating devices, by a maximum of 2.0 metres; and
(iii) architectural features, such as a pilaster, decorative column, cornice, sill, belt course or chimney breast, louvres, and screens providing privacy, safety or wind mitigation by a maximum of 1.0 metre;
(L) 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 provided to satisfy (L)(ii) above are not included in the provision required by (L)(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, which may be converted using accessible or adaptable design measures, such as knock-out panels; and
(v) if the calculation of the number of required dwelling units with two or three bedrooms results in a number with a fraction, the number will be rounded down to the nearest whole number;
(M) Despite Regulation 200.5.10.1(1) and Table 200.5.10.1, and Regulation 970.10.15.5(5) and Table 970.10.15.5, no parking spaces are required;
(N) Despite Regulation 200.15.10.10(1) and 970.10.15.5(11), no accessible parking spaces are required;
(O) Despite Regulation 220.5.10.1(1) and (2), loading spaces must be provided in accordance with the following:
(i) 1 Type “G” loading space; and
(ii) 1 Type “C” loading space;
(P) Despite Regulation 230.5.1.10(10), required “long-term” and “short-term” bicycle parking spaces may be stacked bicycle parking spaces;
(Q) Despite Regulations 230.40.1.20(2), a “short-term” bicycle parking space may be located no more than 50 metres, measured horizontally, from a pedestrian entrance to the building on the lands;
(R) The number of bicycle parking spaces required by Regulation 970.30.15.5(1)(A) may be reduced for the purposes of compliance with Regulation 230.5.10.20(1), subject to the following:
(i) the number of "short-term" bicycle parking spaces reduced is not more than half the amount required by Regulation 970.30.15.5(1)(A), rounded down to the nearest whole number;
(ii) the number of "long-term" bicycle parking spaces reduced is not more than half the amount required by Regulation 970.30.15.5(1)(A), rounded down to the nearest whole number;
(iii) for each bicycle parking space required by Regulation 970.30.15.5(1)(A) to be reduced, the owner or occupant must provide a payment-in-lieu to the City of Toronto; and
(iv) the owner or occupant must enter into an agreement with the City of Toronto pursuant to Section 40 of the Planning Act.
Prevailing By-laws and Prevailing Sections: (None Apply)
- Despite any future severance, partition or division of the lands as shown on Diagram 1 attached to this By-law, the provisions of this By-law will apply as if no severance, partition or division occurred.
Ontario Land Tribunal Decision issued on June 28, 2024 and its Order issued on December 3, 2025 in Tribunal File OLT-22-004590.