Ontario Land Tribunal 655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Toll Free: 1-866-448-2248 Website: olt.gov.on.ca
Tribunal ontarien de l’aménagement du territoire 655 rue Bay, suite 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web: olt.gov.on.ca
ISSUE DATE: July 21, 2025
CASE NO.: OLT-22-004195
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 100 Davenport Limited Partnership
Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision
Purpose: To permit a 19-storey mixed-use building
Property Address: 100 Davenport Road
Municipality: City of Toronto
Municipal File No.: 21 231497 STE 11 OZ
OLT Case No.: OLT-22-004195
OLT Lead Case No.: OLT-22-004195
OLT Case Name: 100 Davenport Limited Partnership v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Applicant and Appellant: 100 Davenport Limited Partnership
Subject: Site Plan
Purpose: To permit a 19-storey mixed-use building
Property Address: 100 Davenport Road
Municipality: City of Toronto
Municipal File No.: 21 231498 STE 11 SA
OLT Case No.: OLT-22-004196
OLT Lead Case No.: OLT-22-004195
BEFORE:
S. BRAUN ) Monday, the 21st VICE-CHAIR ) ) day of July, 2025
THESE MATTERS in respect of the lands at 100 Davenport Road in the City of Toronto, having come for a public hearing on October 26, 2023 before the Ontario Land Tribunal (the “Tribunal”);
THE TRIBUNAL having issued an interim Order on March 1, 2024, that the appeal under subsection 34(11) of the Planning Act is allowed, in part, and that the Tribunal’s final Order is withheld until the City of Toronto and the Applicant notified the Tribunal that the pre-requisite conditions noted in the March 1, 2024 interim Order have been satisfied;
AND THE TRIBUNAL having been advised by the City of Toronto and the Applicant that the pre-requisite conditions have been satisfied;
NOW THEREFORE
THE TRIBUNAL ORDERS that the appeal under subsection 34(11) of the Planning Act is allowed, in part;
AND THE TRIBUNAL FURTHER ORDERS:
- The Zoning By-law Amendment to City of Toronto Comprehensive Zoning By-law 569-2013, is approved in accordance with Attachment “A” to this Order;
AND THE TRIBUNAL FURTHER ORDERS the appeal pursuant to subsection 114(15) of the City of Toronto Act remains held in abeyance. The parties shall contact the case co-ordinator with an update on the remaining site plan approval appeal and, if necessary, request a date be scheduled for the hearing of same;
AND THE TRIBUNAL authorizes the municipal clerk to format, as may be necessary, and assign a number to the by-law 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
ATTACHMENT A
Authority: Ontario Land Tribunal Decision issued on March 1, 2024 and Ontario Land Tribunal Order issued on July 21, 2025 in Tribunal File OLT-22-004195
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 100 Davenport Road.
Whereas the Ontario Land Tribunal, by its Decision issued on March 1, 2024 and its Order issued on July 21, 2025, in respect of Tribunal File OLT-22-004195, 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 100 Davenport 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:
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 CR 2.0 (c2.0; r2.0) SS1 (x###) 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 and applying the following Policy Area label to these lands: PA1 as shown on 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 18.0, as shown on Diagram 4 attached to this By-law.
Zoning By-law 569 -2013, as amended, is further amended by adding the lands to the Lot Coverage Overlay Map in Article 995.30.1, and applying no value.
Zoning By-law 569-2013, as amended, is further amended by adding the lands subject to this By-law to the Rooming House Overlay Map in Section 995.40 and applying the rooming house label of “B3” to these lands, as shown on Diagram 5 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 Parking Zone Overlay Map in Section 995.50 and applying a label of “A”, as shown on Diagram 6 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number CR ### so that it reads:
(###) Exception CR ###
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 100 Davenport 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 (O) 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 116.88 metres and the elevation of the highest point of the building or Structure, inclusive of mechanical penthouse, mechanical equipment and any associated support or enclosure structure or elements;
(C) Despite regulation 40.10.40.10(1), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 7 of By-law [Clerks to insert By-law ##];
(D) Despite regulations 40.5.40.10(3) to (8) and (C) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 7 of By-law [Clerks to insert By-law ##]:
i. structures or parts of the building used for the functional operation of the building, such 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 3.0 metres;
iv. building maintenance units and window washing equipment, by a maximum of 6.0 metres;
v. planters, landscaping features, guard rails, and divider screens on a balcony and/or terrace, by a maximum of 3.0 metres;
vi. flagpoles by a maximum of 5.0 metres;
vii. trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres; and
viii. the building elements and structures listed in (i) to (vii) above may not exceed the maximum building height of 72 metres except for stairs and stair enclosures for roof accesses up to a maximum of 2 metres and vent pipes and mechanical equipment up to a maximum of 1 metre.
(E) Despite regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 11,000 square metres, of which:
i. the permitted maximum gross floor area for residential uses is 10,500 square metres; and
ii. the permitted maximum gross floor area for non-residential uses is 900 square metres;
(F) Despite regulation 40.10.40.70(1) and 40.10.40.80(1), the required minimum building setbacks are as shown in metres on Diagram 7 of By-law [Clerks to insert By-law ##];
(G) Section 600.10 (Building Setback Overlay District Map) shall not apply.
(H) Despite Clause 40.10.40.60 and (F) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:
i. decks, porches, and balconies, by a maximum of 2.2 metres;
ii. canopies and awnings, by a maximum of 2.5 metres;
iii. architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 0.6 metres;
iv. window projections, including bay windows and box windows, by a maximum of 0.9 metres;
(I) The provision of dwelling units is subject to the following:
i. a minimum of 50 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;
(J) Despite Clause 200.5.1.10 (12), the vehicle entrance or exit to the building must be at least 2.0 metres from the lot line abutting the street.
(K) Clauses 230.5.1.10 (B) and 230.40.1.20(2), in relation to the location of "long-term" and "short-term" bicycle parking, do not apply;
(L) Despite Regulations 230.5.10.1(1) (5), 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; and
ii. 0.1 "short-term" bicycle parking spaces for each dwelling unit;
(M) Despite Sections 200.25 and 970.10, Article 200.15.10, Regulations 200.5.1.10, 200.5.10.1(1), and Table 200.5.10.1, parking spaces shall be provided in accordance with the following:
i. No minimum parking rate shall apply;
ii. No maximum parking rate shall apply;
iii. A minimum of 20 percent of all parking spaces shall be equipped with an energized outlet capable of providing Level 2 charging or higher to the parking space which is clearly marked and identified for electric vehicle charging;
iv. 4 accessible parking spaces shall be provided.
(N) Despite Article 220.5.10, no less than one (1) Type “G” loading space shall be provided and maintained on the lot.
(O) None of the provisions of By-law 569-2013, as amended, shall apply to prevent a sales centre for the purposes of marketing, rental, leasing and/or sale of dwelling units and non-residential uses.
Site Specific Provisions: (None apply)
Prevailing By-laws and Prevailing Sections: (None apply)
- Despite any severance, partition or division of the lot as shown in Diagram 1, the provisions of this By- law shall apply as if no severance, partition, or division occurred.
Ontario Land Tribunal Decision issued on March 1, 2024 and Ontario Land Tribunal Order issued on July 21, 2025 in Tribunal File OLT-22-004195.