Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 21, 2025

CASE NO(S).: OLT-24-000371

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

Applicant/Appellant: 86 RVW & 100-108 RVW Inc.

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

Description: To permit a 59-storey mixed-use building containing 480 residential units, 7 floors of office space and ground floor retail space

Reference Number: 22 192723 STE 13 OZ

Property Address: 86, 100-108 Lombard Street and 103 Richmond Street East

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-24-000371

OLT Case Name: 86 RVW & 100-108 RVW Inc. v. City of Toronto

Heard: March 13, 2025 by Video Hearing

APPEARANCES:

Parties

Counsel

86 RVW & 100-108 RVW Inc. (Appellant / Applicant)

Daniel Artenosi Rowan Barron

City of Toronto

Adam Ward Daniel Elmadany

MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS ON March 13, 2025 AND interim ORDER OF THE TRIBUNAL

Link to the order

INTRODUCTION

1This appeal arises pursuant to s. 34(11) of the Planning Act (“Act”), by 86 RVW Inc. and 100-108 RVW Inc. (the “Applicant”), which is resulting from the failure of the City of Toronto (“City”) to make a decision within the statutory timeframes of the Act, on an application for a Zoning By-law Amendment (“ZBA”), which relates to lands located at the municipal addresses known as 86 Lombard Street, 100-108 Lombard Street, and 103 Richmond Street East in the City (collectively the “Subject Property”). The purpose of the ZBA is to allow for the development of a 59-storey mixed-use building on the Subject Property.

2The original proposal, filed in August 2022, involved a 59-storey mixed-use building on the Subject Property, which includes properties located at 100 Lombard Street, 103 Richmond Street East, and 108 Lombard Street. The plan proposed the demolition of the existing buildings at 100 Lombard Street, 103 Richmond Street East and 108 Lombard Street, along with the garage and the basement of the old City Morgue (“Morgue”) at 86 Lombard Street. The Morgue, a Heritage Designated building would be relocated to the eastern portion of the Subject Property, adjacent to the existing heritage fire hall building at 110 Lombard, creating a cluster of heritage buildings from the same era. The portion of the Subject Property known as 103 Richmond would be used to establish a new mid-block connection linking Richmond Street East to Lombard Street.

3The proposed tower would be located in the southwestern section of the Subject Property, near the existing Morgue’s current location, that would achieve a greater than 25 metres separation distance to all existing and approved adjacent development. The proposal included a gross floor area of 39,142 square meters, with a floor space index of 19.2 times the site of the area.

4The proposed development included 616 square meters of retail space, including space in the relocated Morgue and two retail units on the ground floor of the proposed tower. Additionally, 4,197 square meters of office space would be located on floors two through eight. The proposed tower base would feature a six-storey building element. Further, the proposed facade of 100 Lombard Street was designed to be commemorated on the east facade of the new building.

5The base building for the proposed tower was designed to extend fully to the west property line and the north property line, abutting the adjoining properties at 87 and 101 Richmond Street East. The proposed tower element incorporated the following setbacks: (a) North tower setbacks ranging from 0 to 4 metres; (b) East tower setback of at least 20.1 metres; (c) South tower setbacks ranging from 0 to 5.5 metres; and (d) West tower setbacks ranging from 0 to 5.5 metres.

6Parking and loading access were proposed from the South, with a 6.1 metres wide entry on Lombard St. The plan included three loading spaces, with a truck turntable to facilitate servicing. The proposal also included three underground parking levels that included 56 parking spaces, ten of which were accessible spaces, and a total of 498 bicycle parking spaces.

7The mid-block pedestrian connection from Richmond Street East to Lombard Street was included, featuring public open spaces such as the second city plaza, an outdoor gallery with two large art walls, and the area would also provide additional landscaping seating and trees