Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 20, 2025
CASE NO.: OLT-22-004109
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Midtown West Residences Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 40-storey mixed use tower with 360 Residential Units
Reference Number: 22 110042 NNY 08 OZ
Property Address: 699-711 Lawrence Avenue West
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-004109
OLT Lead Case No: OLT-22-004109
OLT Case Name: Midtown West Residences Ltd. v. Toronto (City)
BEFORE:
"D. Chipman" MEMBER
Thursday, the 20th day of February, 2025
THIS MATTER having come on for a public hearing on March 1st, 2024, and the Tribunal in its Decision issued April 17th, 2024(Decision) having withheld its Final Order pending confirmation from counsel that the pre-approval conditions noted in Paragraph 19 of the Decision have been satisfied;
AND THE TRIBUNAL having been notified by Counsel for Midtown West Residence Ltd. that the preapproval conditions noted in Paragraph 19 of the Decision have been satisfied and that all parties have therefore provided their consent for the Tribunal to issue its Final Order;
THE TRIBUNAL ORDERS THAT the appeal is allowed and By-law 569-2013 is hereby amended as set out in Schedule A of this Order. The Tribunal authorizes the clerk of The City of Toronto to assign a number to this by-law for record keeping purposes.
"Euken Lui" EUKEN LUI ACTING 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.
Schedule A
Authority: Ontario Land Tribunal Decision issued on April 17, 2024 and Ontario Land Tribunal Order issued on February 20, 2025 in Tribunal File OLT-22-004109
CITY OF TORONTO
BY-LAW [Clerks to insert By-law number]
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 699, 703, 705 & 711 Lawrence Avenue West.
Whereas the Ontario Land Tribunal, by its Decision issued on April 17, 2024 and its Order issued on February 20, 2025, in respect of Tribunal File OLT-22-004109, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, determined to amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 699, 703, 705 & 711 Lawrence Avenue West; and
Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, as amended, to pass this By-law; and
Whereas pursuant to Section 36 of the Planning Act, as amended, the council of a municipality may, in a by-law passed under Section 34 of the Planning Act, use a holding symbol "(H)" in conjunction with any use designation to specify the use to which lands, buildings or structures may be put once the holding symbol "(H)" is removed by amendment to the by-law; and
Whereas the Official Plan for the City of Toronto contains provisions relating to the use of holding symbol "(H)"; 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, as amended, 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 outlined by heavy black lines from a zone label of CR 1.0 (c1.0; r1.0) SS3 (x2620) to a zone label of (H) CR 1.0 (c1.0; r1.0) SS3 (x1064) shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 1064 so that it reads:
(1064) Exception CR 1064
The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:
Site Specific Provisions:
(A) On lands municipally known as 699, 703, 705 & 711 Lawrence Avenue West, if the requirements of By-law [Clerks to insert By-law number] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (W) below;
(B) Despite regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 182.835 metres and the elevation of the highest point of the building or structure;
(C) Despite Clause 40.10.30.40, the permitted maximum lot coverage, as a percentage of the lot area, is 61% percent;
(D) Despite regulation 40.10.40.1(6), a pedestrian access for a lot which abuts a lot in the Residential Zone category or Residential Apartment Zone category, or is separated from a lot in the Residential Zone category or Residential Apartment Zone category by a lane or a street may not be within 7.0 metres of a lot in the Residential Zone category or Residential Apartment Zone category other than:
(i) a service entrance;
(ii) an entrance to a residential use; or
(iii) an entrance or exit required by Federal or Provincial regulations;
(E) Despite regulation 40.10.40.10 (3), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 3 of By-law [Clerks to insert By-law number];
(F) Despite regulation 40.10.40.10(5), the required maximum height of the first storey, which may include a mezzanine space, as measured between the floor of the first storey and the ceiling of the first storey, is 5.8 metres;
(G) Despite regulation 40.10.40.10(7), 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 number]; and
(i) for the purpose of this exception, a mezzanine or mechanical penthouse does not constitute a storey;
(H) Despite regulations 40.5.40.10(3) to (8) and (E) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law [Clerks to insert By-law number]:
(i) equipment used for the functional operation of the building, including electrical, utility, mechanical and ventilation equipment, as well as enclosed stairwells, roof access, maintenance equipment storage, elevator shafts, 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, including a mechanical penthouse, by a maximum of 6.0 metres;
(iii) architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 2.0 metres;
(iv) building maintenance units and window washing equipment, by a maximum of 4.0 metres;
(v) planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 2.5 metres;
(vi) trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 2.3 metres;
(I) Despite regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 22,992 square metres, of which:
(i) the permitted maximum gross floor area for residential uses is 22,850 square metres;
(ii) the permitted maximum gross floor area for non-residential uses is 142 square metres;
(iii) the required minimum gross floor area for non-residential uses is 140 square metres;
(J) Despite regulation 40.10.40.50(1), amenity space must be provided at the following rate:
(i) at least 1.5 square metres for each dwelling unit as indoor amenity space;
(ii) at least 2.1 square metres of outdoor amenity space for each dwelling unit, of which 840.0 square metres must be in a location adjoining or directly accessible to the indoor amenity space; and
(iii) no more than 25 percent of the outdoor component may be a green roof;
(K) Despite regulation 40.10.40.70 (3), and 40.10.40.80 (2), the required minimum building setbacks and separation of main walls are as shown in metres on Diagram 3 and 4 of By-law [Clerks to insert By-law number];
(L) Despite Clause 40.10.40.60 and 40.10.40.70 (3)(D) and (K) above, a building or structure is permitted to penetrate the required 45-degree angular plane, as measured from the finished floor elevation;
(M) Despite (K) above, the required minimum building setbacks and main wall separation distances for the portion of the building between a height of 0.0 metres and 6.8 metres is as shown in metres on Diagram 4 of By-law [Clerks to insert By-law number];
(N) Despite Clause 40.10.40.60 and (K) and (M) 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 1.8 metres;
(ii) despite (i) above, balconies are not permitted as follows:
(a) from the main building wall facing a street for the portion of the building between a height of 0.0 metres and 12.0 metres; and
(b) from the building wall facing the west lot line;
(ii) canopies and awnings, by a maximum of 1.5 metres;
(iii) exterior stairs, access ramps and elevating devices, by a maximum of 2.5 metres;
(iv) cladding added to the exterior surface of the main wall of a building, by a maximum of 0.3 metres;
(v) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 0.6 metres;
(vi) air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 0.9 metres; and
(O) Despite Regulation 40.10.50.10(1), 350.0 square metres of landscaping must be provided, of which 215.0 square metres must be soft landscaping;
(P) Regulation 40.10.50.10(3) with respect to landscaping requirement if abutting a lot in the Residential or Residential Apartment Zone categories, does not apply.
(Q) 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 0.24 residential occupant parking spaces for each dwelling unit, but not exceeding the permitted maximum in Table 200.5.10.1 for dwelling units in a Mixed Use Building in Parking Zone A;
(ii) a minimum of 0.015 residential visitor parking spaces for each dwelling unit; and
(iii) a parking space for every 38.9 square metres of gross floor area devoted to non-residential uses, but not exceeding the permitted maximum in Table 200.5.10.1 for a retail use in Parking Zone A;
(R) Regulation 200.15.15.4(2) with respect to location of accessible parking spaces, does not apply;
(S) Despite regulations 230.5.10.1(1), (4) and (5) and Table 230.5.10.1(1), bicycle parking spaces must be provided in accordance with the following minimum rates:
(i) 0.9 "long-term" bicycle parking spaces for each dwelling unit;
(ii) 0.1 "short-term bicycle parking spaces for each dwelling unit;
(iii) 0.7 "long term" bicycle parking spaces for each 100 square metres of interior floor area for all non-residential uses; and
(iv) 2.8 "short-term" bicycle parking spaces for each 100 square metres of interior floor area for all non-residential uses;
(T) Despite regulations 230.5.1.10(9)(A) and 230.5.1.10(1), “long-term” and “short-term” bicycle parking spaces may be located:
(i) in a stacked bicycle parking space, a secured room, enclosure, or a bicycle locker; and
(ii) bicycle parking spaces may be provided on any level below ground;
(U) Regulation 230.5.1.10(7), with respect to shower and change facilities, does not apply;
(V) Regulation 230.40.1.20(2), with respect to a "short-term" bicycle parking space distance from a pedestrian entrance to a building on the lot, does not apply;
(W) The provision of dwelling units is subject to the following:
(i) a minimum of 15 percent of the total number of dwelling units must have 2 or more bedrooms;
(ii) a minimum of 10 percent of the total number of dwelling units must have 3 or more bedrooms; and
(iii) any dwelling units with 3 or more bedrooms provided to satisfy (ii) above are not included in the provision required by (i) above;
Prevailing By-laws and Prevailing Sections: None Apply
Despite any severance, partition or division of the lands, the provisions of this By-law shall apply as if no severance, partition or division occurred.
Holding Symbol Provisions
(A) The lands zoned with the holding symbol "(H)" delineated by heavy lines on Diagram 1 attached to this By-law must not be used for any purpose other than those uses and buildings existing as of the date of the passing of this By-law, until the holding symbol "(H)" has been removed; and
(B) An amending by-law to remove the holding symbol "(H)" referred to in (A) above may be enacted when the following are fulfilled:
(i) the Owner has submitted a revised Functional Service Report, which includes the determination of storm water runoff, sanitary flow and water supply demand resulting from the Proposal, and whether there is adequate capacity in the existing municipal infrastructure to accommodate the Proposal, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
(ii) the Owner has made satisfactory arrangements with Engineering and Construction Services to enter into the appropriate agreement with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the Proposal, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director of Engineering and Construction Services; and
(iii) the Owner has provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the acceptable Functional Servicing Report and Stormwater Management Report, to support the Proposal, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and General Manager, Toronto Water, where it has been determined that improvements or upgrades are required to support the Proposal. In requiring any off-site municipal infrastructures upgrades, the owner is to make satisfactory arrangements with Engineering & Construction Services for Work on the City’s Right-of-Way.
Ontario Land Tribunal Decision issued on April 17, 2024 and Ontario Land Tribunal Order issued on February 20, 2025 in Tribunal File OLT-22-004109