Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 14, 2026 CASE NO(S).: OLT-22-003987
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended:
Applicant and Appellant: 2711895 Ontario Inc.
Subject: Application to amend Zoning By-law No. 569-2013 – Neglect or Refusal of application by the City of Toronto
Description: To permit the development of a 10-storey mixed use building
Reference Number: 21 196590 WET 03 OZ
Property Address/Description: 351, 353, 355, 357, 359, 361, 363, and 365 Royal York Road
Municipality: City of Toronto
OLT Case No.: OLT-22-003987
OLT Lead Case No.: OLT-22-003987
OLT Case Name: 2711895 Ontario Inc. v. Toronto (City)
BEFORE:
“G.A. Croser”
MEMBER
Thursday, the 14th
day of May, 2026
THIS MATTER having come on for a hearing on July 10, 2023 before the Ontario Land Tribunal (the “Tribunal”), and the Tribunal in its decision issued August 2, 2023 (the “Decision”) having withheld its Final Order pending confirmation from the City Solicitor for the City of Toronto that the pre-requisite matters noted in paragraph 26 of the Decision have been satisfied;
AND THE TRIBUNAL now having received confirmation from the City of Toronto of the fulfilment of the conditions of the Decision, satisfactory to the City of Toronto, including confirmation of the final form of the zoning by-law amendment;
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 municipal clerk for the City of Toronto to format, as may be necessary, and assign a number to this 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 (“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 [August 2, 2023] and Ontario Land Tribunal Order issued on May 8, 2026 in Tribunal File [OLT-22-003987]
CITY OF TORONTO
BY-LAW XXXX-2025(OLT)
To amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2024 as 351, 353, 355, 357, 359, 361, 363, and 365 Royal York Road.
Whereas the Ontario Land Tribunal, by its Decision issued on August 2, 2023 and its Order issued on [date], in respect of Tribunal File OLT-22-003987, 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 351, 353, 355, 357, 359, 361, 363, and 365 Royal York 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 amending the zone label on the Zoning By-law Map in Section 990.1 respecting the lands outlined by heavy black lines from a zone label of CR 3.0 (c3.0; r2.2) SS2 (x869) to a zone label of CR 3.0 (c3.0; r2.2) SS2 (x1194) as shown on Diagram 2 attached to this By-law.
Zoning By-law 569-2013, as amended, is further amended by amending the Parking Zone Overlay Map in Section 995.50 for the lands subject to this By-law, by adding the lands to Parking Zone B, as shown on Diagram 3 attached to this By-law [Clerk to supply by-law #].
Zoning By-law 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 1194 so that it reads:
(1194) Exception CR 1194
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 351, 353, 355, 357, 359, 361, 363, and 365 Royal York 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 (T) 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 96.63 metres and the elevation of the highest point of the building or structure;
(C) 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 4 of By-law [Clerks to insert By-law number];
(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 4 of By-law [Clerks to insert By-law number]:
(i) in the area labelled “Mechanical Penthouse” as shown on Diagram 4 of By-law [Clerks to insert By-law number]:
(a) equipment used for the functional operation of the building, including electrical, utility, mechanical and ventilation equipment, as well as maintenance equipment storage, elevator shafts, chimneys, and vents, by a maximum of 6.0 metres;
(b) 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;
(c) parapets above the equipment, structures and parts of a building identified in (a) and (b) above, by a maximum of 0.6 metres; and
(d) enclosing structures or portions of the building containing a maximum of 70.0 square metres of interior floor area of indoor amenity space, by a maximum of 6.0 metres;
(ii) stairwells and roof accesses, by a maximum of 3.0 metres;
(iii) open air mechanical equipment, by a maximum of 2.4 metres;
(iv) architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 1.5 metres;
(v) planters and landscaping features, by a maximum of 2.0 metres;
(vi) dividers, guard rails or privacy screens on a balcony or terrace, by a maximum of 1.8 metres;
(vii) noise barriers, trellises, pergolas, and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres; and
(viii) window washing equipment, by a maximum of 5.0 metres;
(E) 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 4 of By-law [Clerks to insert By-law number];
(F) Despite regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 20,950 square metres, of which:
(i) the permitted maximum gross floor area for residential uses is 20,200 square metres;
(ii) the permitted maximum gross floor area for non-residential uses is 700 square metres; and
(iii) the required minimum gross floor area for non-residential uses is 680 square metres;
(G) 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 three or more bedrooms provided to satisfy (ii) above are not included in the provision required by (i) above;
(H) Despite regulation 40.10.40.70(2), the required minimum building setbacks are as shown in metres on Diagram 4 of By-law [Clerks to insert By-law number];
(I) Despite Clause 40.10.40.60 and (G) 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 2.0 metres;
(ii) patios, by a maximum of 2.7 metres;
(iii) canopies and awnings, by a maximum of 1.5 metres;
(iv) cladding added to the exterior surface of the main wall of a building, by a maximum of 0.25 metres; and
(v) architectural features, including decorative columns, by a maximum of 1.5 metres;
(J) Despite regulation 40.10.40.50(1), amenity space must be provided at the following rate:
(i) A minimum of 2.0 square metres for each dwelling unit as indoor amenity space;
(ii) A minimum of 2.0 square metres of outdoor amenity space for each dwelling unit, of which a minimum of 40 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 amenity component may be a green roof;
(K) Despite regulation 200.5.1.10(2)(A)(iv), a maximum of 10 percent of all parking spaces provided may be obstructed without providing an additional width of 0.3 metres for the obstructed sides of the parking space;
(L) Despite Article 200.25.15, if parking spaces are provided on the lot, a percentage of the provided parking spaces must be accessible parking spaces in accordance with Section 200.15;
(M) Despite regulation 200.15.1(4), accessible parking spaces in (L) must be no more than 49.0 metres to a barrier-free passenger elevator that provides access to the first storey of the building;
(N) Despite regulation 200.5.1.10(14), parking spaces provided must be equipped with an energized outlet which is clearly marked and identified for electric vehicle charging, as follows:
(i) 20 percent of all resident parking spaces provided must include an energized outlet capable of providing Level 2 charging or higher to the parking space; and
(ii) 20 percent of the residential visitor and non-residential parking spaces provided must include an energized outlet capable of providing Level 2 charging or higher to the parking space;
(O) Despite Clause 220.5.10.1, loading spaces must be provided as follows:
(i) One (1) Type ‘G’ loading space;
(P) Despite regulation 230.5.1.10(4)(A), the minimum dimensions of a bicycle parking space are as follows:
(i) A minimum length of 1.8 metres;
(ii) A minimum width of 0.45 metres; and
(iii) A minimum vertical clearance from the ground of 1.4 metres;
(Q) Despite regulation 970.30.15.5(1)(B), the number of required bicycle parking spaces may be reduced, subject to the following:
(i) the number of "short-term" bicycle parking spaces reduced is not more than half the amount required by regulations 970.30.15.5(A) or (B), rounded down to the nearest whole number;
(ii) the number of "long-term" bicycle parking spaces reduced is not more than half the amount required by regulations 970.30.15.5(A) or (B), rounded down to the nearest whole number;
(iii) for each bicycle parking space required by regulation 970.30.15.5(A) or (B) to be reduced, the owner or occupant must provide a payment-in-lieu to the City of Toronto; and
(iv) the owner or occupant must enter into an agreement with the City of Toronto pursuant to Section 40 of the Planning Act;
(R) Despite regulation 230.5.1.10(9)(B), “long-term” bicycle parking spaces may be located on any level of the building below-ground;
(S) Despite regulation 230.40.1.20(2), “short-term” bicycle parking spaces may be located up to 80 metres from a pedestrian entrance to the building; and
(T) A building or structure not constructed, used or enlarged in compliance with regulations (B) to (S) above must comply with regulation 900.11.10(869).
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.
Ontario Land Tribunal Decision issued on [August 2, 2023] and Ontario Land Tribunal Order issued on May 8, 2026 in Tribunal File OLT-22-003987.