Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 22, 2025
CASE NO.: OLT-22-004804
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: A1 Hickory Tree Towers GP Inc. & A1 Hickory Tree Towers Limited Partnership
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of a 25-storey mixed use building
Reference Number: 22 111715 WET 05 OZ
Property Address: 1736-1746 Weston Road
Municipality: Toronto
OLT Case No.: OLT-22-004804
OLT Lead Case No.: OLT-22-004804
OLT Case Name: A1 Hickory Tree Towers GP Inc. & A1 Hickory Tree Towers Limited Partnership v. Toronto (City)
BEFORE:
STEVEN COOKE VICE-CHAIR
Thursday, the 22nd Day of May, 2025
THIS MATTER having come on for a Hearing on January 31, 2024, and the Tribunal in its Decision issued February 13, 2024 (Decision) having withheld its Final Order pending confirmation from counsel that the conditions noted in Paragraph 2 of the Decision have been satisfied;
AND THE TRIBUNAL having been notified by Counsel for A1 Hickory Tree Towers GP Inc. & A1 Hickory Tree Towers Limited Partnership, with the consent of the City of Toronto, that the conditions noted in Paragraph 2 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 The appeal by the Applicant pursuant to section 34(11) of the Planning Act is allowed, in part, and the proposed amendment to the City of Toronto Zoning By-law No. 569-2013, as amended, is hereby approved 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.
Authority: Ontario Land Tribunal Decision and Interim Order issued on February 13, 2024 and Final Order issued on May 22, 2025 in Tribunal File OLT-22-004804
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 1736 and 1746 Weston Road.
Whereas the Ontario Land Tribunal, by its Decision issued on February 13, 2024, in respect of Tribunal File OLT-22-004804, 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 1736 and 1746 Weston 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
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
Whereas pursuant to Section 39 of the Planning Act, as amended, the council of a municipality may, in a by-law passed under Section 34 of the Planning Act, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited in the by-law;
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 adding the lands subject to this By-law to the Zoning By-law Map in Section 990.10, and applying the following zone label to these lands: (H) RAC (d2.5) (x222) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Policy Areas Overlay Map in Article 995.10.1 with a value of 4, as shown in Diagram 3 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding the lands to the Height Overlay Map in Article 995.20.1 and applying the following height and storey label to these lands: HT 24.0, ST 8, as shown on Diagram 4 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.8.10 Exception Number 222 so that it reads:
(222) Exception RAC (222)
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 1736 and 1746 Weston Road, if the requirements of By-law [Clerks to insert By-law ##] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (X) below;
(B) Despite Regulation 15.5.40.10(1), the height of a building or structure is the distance between the Canadian Geodetic Datum of 126.42 metres and the elevation of the highest point of the building or structure;
(C) Despite Regulation 15.20.40.10(1), 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];
(D) Despite Regulation 15.20.40.10(2), the permitted maximum number of storeys in a building or structure is the number following the letters "ST" as shown on Diagram 5 of By-law [Clerks to insert By-law number]; and
(i) for the purpose of this exception, a mechanical penthouse does not constitute a storey; and
(ii) for the purpose of this exception, a "mezzanine" does not constitute a storey;
(E) The required minimum height of the first storey, as measured between the floor of the first storey and floor of the second storey, is 4.5 metres;
(F) The permitted maximum floor plate area for each storey, measured from the exterior of the main wall of each floor level and inclusive of the entire floor, excluding inset and projecting balconies, is:
(i) 805.0 square metres above a height of 28 metres and below a height of 113.8 metres; and
(ii) 750.0 square metres above a height of 113.8 metres;
(G) Despite Regulations 15.5.40.10(2), (3) and (5), and (C) above, the following equipment and structures may project above the permitted maximum height as shown on Diagram 5 attached to By-law [Clerks to insert By-law number] as follows:
(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 or screen the mechanical penthouse, by a maximum of 6.0 metres;
(iii) parapets located on a mechanical penthouse by a maximum of 1.0 metres;
(iv) architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 1.5 metres;
(v) building maintenance units and window washing equipment, by a maximum of 1.5 metres;
(vi) planters, landscaping features and guard rails by maximum of 1.5 metres;
(vii) balcony and/or terrace screens by a maximum of 1.8 metres; and
(viii) visual and privacy screens, sound barriers, acoustical screens, and wind screens by not more than 3.0 metres;
(H) Despite regulation 15.20.40.40(1), the permitted maximum gross floor area of all buildings and structures is 28,750 square metres, of which:
(i) the permitted maximum gross floor area for residential uses is 28,250 square metres; and
(ii) the required minimum gross floor area for non-residential uses is 360 square metres;
(I) Despite Regulation 15.5.40.40.(1), storage locker rooms located above-grade shall be excluded from the calculation of gross floor area;
(J) Despite regulation 15.20.40.50(1), amenity space must be provided at the following rate:
(i) at least 2.2 square metres for each dwelling unit as indoor amenity space; and
(ii) at least 1.8 square metres of outdoor amenity space for each dwelling unit, of which 330 square metres must be in a location adjoining or directly accessible to the indoor amenity space;
(K) Despite Clause 15.20.40.70, the required minimum building setbacks are as shown in metres on Diagram 5 of By-law [Clerks to insert By-law ##];
(L) Despite Clause 15.5.40.60 and (K) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
(i) canopies and awnings, by a maximum of 1.5 metres;
(ii) exterior stairs, access ramps and elevating devices, by a maximum of 2.0 metres;
(iii) architectural features, such as pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 2.0 metres;
(iv) eaves, by a maximum of 2.0 metres;
(v) dividers, balustrades, screens, window washing equipment, columns, and landscaping elements by a maximum of 2.0 metres; and
(vi) patios and wheelchair ramps by a maximum of 1.5 metres;
(M) Despite Regulation 15.5.40.60(1), no balconies may project horizontally from a main wall within the areas identified as "No Projecting Balcony Permitted", as shown on Diagram 6 of By-law [Clerks to insert By-law ##];
(N) Regulation 15.5.50.10(1), regarding landscaping requirements for apartment buildings, does not apply;
(O) 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 0.25 residential occupant parking spaces for each dwelling unit;
(ii) a minimum of 2 plus 0.05 visitor parking spaces per dwelling unit;
(iii) parking spaces are not required for non-residential uses; and
(iv) residential visitor parking spaces required by (ii) above may be used for non-residential uses;
(P) In addition to the parking requirements set out in (O) above, at least 1 "car share parking space" must be provided on the lot;
(Q) Despite Regulation 200.5.1.10(12)(C), the vehicle entrance or exit to the building must be at least 2.0 metres from the lot line abutting the street;
(R) 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; and
(iii) vertical clearance of 2.1 metres;
(S) Despite Regulation 200.15.1(1), a 1.5 metre wide accessible barrier-free aisle or path along the entire length of one side is required;
(T) Despite Regulation 230.5.1.10(4) a bicycle parking space, regardless of orientation, shall have a minimum width of 0.45 metres;
(U) Despite Regulation 220.5.10.1(2), a minimum of 1 Type "G" loading space is required;
(V) A maximum of 423 dwelling units are permitted;
(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;
(X) 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) "Car-Share" shall mean the practice where a number of people share the use of one or more vehicles that are owned by a profit or non-profit organization and where such organization may require that the use of vehicles be reserved in advance, charge fees based on time and/or kilometers driven, and set membership requirements, including the payment of a membership fee that may or may not be refundable;
(ii) "Car-Share parking space" shall mean a parking space that is exclusively reserved and actively used by a "car-share" vehicle; and
(iii) "Mezzanine" shall mean a level located between the first and second full storey of a building and shall not be considered a storey, provided that the gross floor area does not exceed 50 percent of the gross floor area of the first storey.
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.
Temporary Use(s):
(A) None of the provisions of Zoning By-law 569-2013, as amended, or this By-law apply to prevent the erection and use of a sales office on the lands to which this By-law applies for a period of three years from the date this By-law comes into full force and effect, after which this temporary use permission expires.
- Holding Symbol Provisions
(A) The lands zoned with the holding symbol "(H)" delineated by heavy lines on Diagram 2 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 or applicant, at their sole cost and expense, has submitted a revised Functional Servicing and Stormwater Management Report to demonstrate that the existing sanitary sewer system and watermain, and any required improvements to them, have adequate capacity and supply to accommodate the development of the lands, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
(ii) if the Functional Servicing and Stormwater Management Report accepted and satisfactory from (i) above requires any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either:
(a) the owner or applicant has secured the design, construction, and provision of financial securities for any new municipal infrastructure, or any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report, to support the development, in a financial secured agreement, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; or
(b) the required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted and satisfactory Functional Servicing and Stormwater Management Report in (i) above are constructed and operational, all to the satisfaction to the Chief Engineer and Executive Director, Engineering and Construction Services;
(iii) all necessary approvals or permits arising from (B)(ii)(a) or B)(ii)(b) above are obtained, where required all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and
(iv) a Noise and Vibration Report has been peer reviewed at the cost of the Applicant or Owner and revised to the satisfaction of the Executive Director, Development Review.
Ontario Land Tribunal Decision and Interim Order issued on February 13, 2024 and Final Order issued on May 22, 2025 in Tribunal File OLT-22-004804.
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