Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 2, 2025

CASE NO.: OLT-23-001322

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: First Capital Holdings (Ontario) Corporation

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit two mixed-uses buildings at 12 and 14-storeys in height with a total of 665 residential units

Reference Number: 20 153975 NNY 08 OZ

Property Address: 272-290 Lawrence Avenue West and 1507-1549 Avenue Road

Municipality/UT: Toronto / Toronto

OLT Case No.: OLT-23-001322

OLT Lead Case No.: OLT-23-001322

OLT Case Name: First Capital Holdings (Ontario) Corporation v. Toronto (City)

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

Applicant and Appellant: First Capital Holdings (Ontario) Corporation

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

Description: To permit two mixed-uses buildings at 12 and 14-storeys in height with a total of 665 residential units

Reference Number: 20 153975 NNY 08 OZ

Property Address: 272-290 Lawrence Avenue West and 1507-1549 Avenue Road

Municipality/UT: Toronto / Toronto

OLT Case No.: OLT-23-001323

OLT Lead Case No.: OLT-23-001322

OLT Case Name: First Capital Holdings (Ontario) Corporation v. Toronto (City)

BEFORE:

SHARYN VINCENT VICE-CHAIR

Wednesday the 2nd, day of April, 2025

THESE MATTERS, in respect of the lands at 272, 284, 286, 288, 290, & 296 Lawrence Avenue West and 1507, 1525, 1537, 1539, 1545, & 1549 Avenue Road in the City of Toronto, having come for a public hearing on June 4, 2024 before the Ontario Land Tribunal (the “Tribunal”) and the Tribunal having issued a Decision/Order on June 6, 2024; and

THE TRIBUNAL having been advised by the Parties on November 22, 2024 that a full uncontested settlement had been reached, on consent;

AND THE TRIBUNAL having received expert opinion evidence in the area of land use planning from Mr. Michael Bisset through an affidavit on December 12, 2024 in support of a settlement between the Parties;

AND THE TRIBUNAL being satisfied that the proposed amendments have appropriate regard for matters of provincial interest, is consistent with the Provincial Planning Statement (2024), and conforms with the City of Toronto Official Plan;

AND THE TRIBUNAL being satisfied that the proposed amendments represent good planning and are in the public interest;

NOW THEREFORE

THE TRIBUNAL ORDERS THAT:

1. The OPA Appeal is allowed in part as outlined in Attachment 2, with the final order withheld until such time as the Parties have provided written confirmation to the Tribunal that the conditions provided for in Attachment 1 have been satisfied.

2. The Rezoning Appeal is allowed, in part as outlined in Attachment 3, with the final order withheld until such time as the Parties have provided written confirmation to the Tribunal that the conditions provided for in Attachment 1 have been satisfied.

3. If the Parties do not provide confirmation that the conditions in Attachment 1 have been satisfied by December 2, 2025, the Parties shall provide the Tribunal with a written status report.

4. The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call or virtual hearing in case any difficulties may arise in addressing the conditions in Attachment 1.

Euken Lui”

EUKEN LUI

ACTING REGISTRAR

Ontario Land Tribunal

Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-224

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 theTribunal.

ATTACHMENT 1

CONDITIONS OF FINAL APPROVAL

1. The final form and content of the draft Official Plan Amendment and Zoning By-law Amendments are to the satisfaction of the City Solicitor and the Executive Director, Development Review;

2. City Council has approved the Rental Housing Demolition Application 20 153985 NNY 08 RH in accordance with Chapter 667 of the Toronto Municipal Code, pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the fifteen (15) existing rental dwelling units at 284 Lawrence Avenue West, and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council’s decision, including:

a. replacement of the existing 15 rental housing units, including the same number of units, bedroom type and size and with similar rents; and

b. an acceptable Tenant Relocation and Assistance Plan addressing the right for existing tenants to return to a replacement rental unit on the lands at similar rents, the provision of rent gap assistance, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

3. The owner has submitted updated sun/shadow and pedestrian level wind studies, including the identification of any required mitigation measures to be secured in the zoning by-law amendment and through the site plan process to the satisfaction of the Executive Director, Development Review;

4. The owner has submitted to the Chief Engineer and Executive Director, Engineering and Construction Services, for review and acceptance, a Functional Servicing Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development;

5. The Owner has made satisfactory arrangements with Engineering and Construction Services and enter into a financially secured 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 this development, according to the accepted Functional Servicing Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and

6. the owner has submitted a complete application for a Plan of Subdivision to the satisfaction of the Executive Director, Development Review Division.

ATTACHMENT 2

CITY OF TORONTO

BY-LAW No. XXXX-202~(OLT)

To adopt Amendment No. XXX to the Official Plan for the City of Toronto with respect to lands municipally known in the year 2023, as 272-290 Lawrence Avenue West and 1507-1549 Avenue Road

Whereas authority is given to the Ontario Land Tribunal, under the Planning Act, R.S.O. 1990, c. P.13, as amended, to pass this by-law;

The Official Plan of the City of Toronto, as amended, is further amended by the Ontario Land Tribunal as follows:

1. The attached Amendment No. XXX to the Official Plan is hereby adopted pursuant to the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Pursuant to Ontario Land Tribunal Decision issued on [date] and Order issued on [date] in Tribunal Case No. OLT-23-001322.

AMENDMENT NO. XXX TO THE OFFICIAL PLAN

LANDS MUNICIPALLY KNOWN IN THE YEAR 2023 AS 272-290 LAWRENCE AVENUE WEST AND 1507-1549 AVENUE ROAD

The Official Plan of the City of Toronto is amended as follows:

1. Map 17, Land Use Plan, is amended by re-designating a portion of the lands known municipally as 272-290 Lawrence Avenue West and 1507-1549 Avenue Road from Neighbourhoods to Mixed Use Areas and from Mixed Use Areas to Parks and Natural Areas, as shown on the attached Schedule 1.

ATTACHMENT 3

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 2023 as 272-290 Lawrence Avenue West and 1507-1549 Avenue Road.

Whereas the Ontario Land Tribunal, by its Decision issued on [date] and its Order issued on [date], in respect of Tribunal Case No. OLT-23-001322, 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 2023 as 272-290 Lawrence Avenue West and 1507-1549 Avenue Road; 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

The Ontario Land Tribunal Orders:

1. The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.

2. 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.

3. Zoning By-law 569-2013, as amended, is further amended by adding the lands identified as Part A on Diagram 1 attached to this By-law to the Zoning By-law Map in Section 990.1, and applying the following zone label to these lands: CR 3.0 (c2.0; r2.8) SS2 (xXXX) as shown on Diagram 2 attached to this By-law.

4. 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 identified as Parts B, C, D, E and F on Diagram 1 attached to this By-law to: CR 3.0 (c2.0; r2.8) SS2 (xXXX) as shown on Diagram 2 attached to this By-law.

5. Zoning By-law 569-2013, as amended, is further amended by adding the lands identified as Parts A, B, C, D, E and F on Diagram 1 attached to this By-law to the Policy Areas Overlay Map in Article 995.50.1 and applying the following label to these lands: Parking Zone B, as shown on Diagram 3 attached to this By-law.

6. Zoning By-law 569-2013, as amended, is further amended by adding the lands identified as Parts A, C and D on Diagram 1 attached to this By-law to the Height Overlay Map in Article 995.20.1, and applying the following height label to these lands: HT 16.5, as shown on Diagram 4 attached to this By-law.

7. Zoning By-law 569-2013, as amended, is further amended by amending the Height Overlay Map in Article 995.20.1, respecting the lands identified as Parts B, E and F on Diagram 1 by applying the following height label to these lands: HT 16.5, as shown on Diagram 4 attached to this By-law.

8. Zoning By-law 569-2013, as amended, is further amended by adding the lands identified as Part A on Diagram 1 attached to this By-law to the Lot Coverage Overlay Map in Article 995.30.1, and applying no value;

9. Zoning By-law 569-2013, as amended, is further amended by amending the Lot Coverage Overlay Map in Article 995.30.1, respecting the lands identified as Parts C and D as shown on Diagram 1 attached to this By-law and applying no value;

10. Zoning By-law 569-2013, as amended, as amended, is further amended by adding the lands identified as Part A as shown on Diagram 1 attached to this By-law to the Rooming House Overlay Map in Article 995.40.1, and applying no value;

11. Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number [-] so that it reads:

12. (XXXX) Exception CR XXXX

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 272-290 Lawrence Avenue West and 1507-1549 Avenue Road, 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 (II) 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 172.21 metres and the elevation of the highest point of the building or structure;

(C) In addition to the uses permitted in regulation 40.10.20.10(1) “geo-energy facility” and a “commercial parking garage” are permitted;

(D) Despite regulation 40.10.20.100(1)(A), the permitted total interior floor area of all cabarets, clubs, eating establishments, entertainment places of assembly, places of assembly, recreation uses and take-out eating establishments may not exceed 1,200 square metres;

(E) Despite regulation 40.10.20.100(5), the permitted total interior floor area of a retail store with a beverage manufacturing use for beer, cider or wine, may not exceed 2,850 square metres;

(F) Regulation 40.10.20.100(20), related to outdoor sales or displays, does not apply;

(G) Regulation 40.10.20.100(21), related to an outdoor patio, does not apply;

(H) Regulation 40.10.20.100(33) and Section 150.100, with respect to specific use conditions for eating establishments, do not apply;

(I) Despite regulation 40.10.40.1(1), residential use portions of the building are permitted to be located on the same storey as non-residential use portions of the building;

(J) Despite regulation 40.10.40.10(2), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 5 of By-law [Clerks to insert By-law number];

(K) Despite regulations 40.5.40.10(3) to (8) and (J) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 5 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, and equipment related to renewable energy, cooling towers, as well as enclosed stairwells, roof access, maintenance equipment storage, wheelchair ramp, chimneys, and vents, by a maximum of 8.0 metres;

(ii) elevator shafts and elevator overruns, by a maximum of 11.0 metres;

(iii) 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;

(iv) architectural features, parapets, roof drainage components, and elements and structures associated with a green roof, by a maximum of 2.0 metres;

(v) building maintenance units and window washing equipment, by a maximum of 3.0 metres;

(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 3.0 metres;

(L) For the purpose of this exception, a mechanical penthouse level containing indoor amenity space does not constitute a storey;

(M) Despite regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 62,850 square metres, of which:

(i) the permitted maximum gross floor area for residential uses is 58,450 square metres;

(ii) the permitted maximum gross floor area for non-residential uses is 4,400 square metres;

(N) In addition to the elements listed in regulation 40.5.40.40(3), the gross floor area of a building may also be reduced by the following areas:

(i) storage rooms, washrooms, electrical, utility, service corridors, mechanical and ventilation rooms, moving rooms, mail / parcel room, bicycle parking, firefighter central alarm control facilities (CACF), below-ground at, or above-ground;

(O) Despite regulation 40.10.40.70(2), the required minimum building setbacks are as shown in metres on Diagram 5 of By-law [Clerks to insert By-law number];

(P) Despite regulation 40.10.40.80(1), the required separation of main walls are as shown in metres on Diagram 5 of By-law [Clerks to insert By-law number];

(Q) Despite clause 40.10.40.60 and (O) and (P) 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 2.1 metres;

(ii) canopies and awnings, by a maximum of 2.1 metres;

(iii) exterior stairs, access ramps and elevating devices, by a maximum of 2.0 metres;

(iv) underground garage ramps and their associated structures and elements, retaining walls, and fences;

(v) cladding added to the exterior surface of the main wall of a building, by a maximum of 1.0 metre;

(vi) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, lighting fixtures, window washing equipment, parapet flashing, roof and terrace scuppers, roof overhang, gutter, downspout, trellises, balcony railings, guardrails, balustrades, railings, wind mitigation and acoustic screens and features, mechanical exhaust and intake components, and Siamese connections, by a maximum of 1.0 metre; and

(vii) air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 1.0 metre;

(R) Regulations 40.10.50.10(1), (2) and (3), with respect to landscaping, do not apply;

(S) Regulation 40.10.100.10(1), with respect to vehicle access, does not apply;

(T) Despite regulation 200.5.1.10(2), a maximum of 20% of the total number of parking spaces may have the following minimum dimensions:

(i) minimum width of 2.4 metres;

(ii) minimum length of 5.4 metres; and

(iii) minimum vertical clearance of 1.8 metres;

(U) Despite regulation 200.5.1.10(2)(A)(iv), 20% of the required parking spaces may be obstructed 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;

(V) Despite regulations 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;

(W) Despite regulation 200.5.10.1(1), (4), (5) and (6) and Table 200.5.10.1, parking spaces must be provided in accordance with the following:

(i) a minimum of 0 residential occupant parking spaces for each dwelling unit;

(ii) a minimum of 2.0 plus 0.01 residential visitor parking spaces for each dwelling unit;

(iii) a minimum of 0 parking spaces for every 100 square metres of gross floor area devoted to non-residential uses;

(iv) for the purpose of this exception, “car-share” or “car-sharing” means the practice where a number of people share the use of one or more motor vehicles that are owned by a profit or nonprofit car-sharing organization and where such organization may require that use of motor vehicles 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, “car-share parking space” means a parking space that is reserved and actively used for “car-sharing”;

(X) Despite regulation 200.5.10.1(1) and Table 200.5.10.1 "car share parking spaces" may replace parking spaces otherwise required for visitors;

(Y) Despite regulation 200.15.1(1), 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) be adjacent to a 1.5 metre wide accessible barrier free aisle or path;

(Z) Despite regulation 200.15.1(4), an accessible parking space must be within 30 metres of a barrier free passenger elevator that provides access to the first storey of the building;

(AA) Despite regulations 200.15.10(1) and (2), a minimum of 17 of the required parking spaces on the lot must be accessible parking spaces;

(BB) Despite clause 220.5.10.1, the following loading spaces will be required to be provided on the lot:

(i) 3 Type “B” loading spaces;

(ii) 3 Type “C” loading spaces; and

(iii) 1 Type “G” loading space;

(CC) Despite regulation 230.5.1.10(4)(A), the required minimum width of a bicycle parking space is:

(i) length of 1.8 metres;

(ii) width of 0.2 metres; and

(iii) vertical clearance of 1.2 metres;

(DD) Despite regulation 230.5.1.10(4)(A)(ii), the required minimum dimensions of a stacked bicycle parking space are;

(i) length of 1.8 metres;

(ii) width of 0.2 metres; and

(iii) vertical clearance of 1.2 metres;

(EE) In addition to the places a "long-term" bicycle parking space may be located in listed in regulations 230.5.1.10(9)(B)(i)(ii) and (iii), "long-term" bicycle parking spaces may also be located in the following locations:

(i) On all levels below ground;

(FF) Despite regulation 230.5.1.10(10), "short-term" bicycle parking spaces may also be located in a stacked bicycle parking space;

(GG) Despite regulations 230.5.10.1(1)(3) and (5) and Table 230.5.10.1(1), bicycle parking spaces must be provided in accordance with the following minimum rates:

(i) 0.68 "long-term" bicycle parking spaces for each dwelling unit;

(ii) 0.07 "short-term bicycle parking spaces for each dwelling unit;

(iii) 0.13 "long term" bicycle parking spaces for each 100 square metres of interior floor area for all non-residential uses; and

(iv) 3 plus 0.25 "short-term" bicycle parking spaces for each 100 square metres of interior floor area for all non-residential uses;

(HH) Despite regulation 230.40.1.20(2), a "short-term" bicycle parking space may be no more than 100 metres from a pedestrian entrance to a building on the lot; and

(II) For the purpose of this exception, a “geo-energy facility” means premises containing devices to generate geo-energy for the exclusive use of the building.

Prevailing By-laws and Prevailing Sections: (None Apply)

13. 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.

Ontario Land Tribunal Decision issued on [date] and Ontario Land Tribunal Order issued on [date] in Tribunal Case No. OLT-23-001322.