We are counsel to Lawrence…

We are counsel to Lawrence Parktown Residences Inc. (“Client”) with respect to the
redevelopment of its lands at 49-59 Lawrence Avenue East, Toronto (the “Subject Site”). The
Subject Site is on Lawrence Avenue East, a Major Road in the City, and is approximately 180
metres away from the Lawrence Station Subway Stop. Our Client seeks to redevelop these lands
with a nine (9) storey apartment building consisting of 29 family sized units as described in more
detail below.
We write to provide our Client’s comments on the City of Toronto’s (the “City”) proposed Official
Plan Amendment No. 570 (“OPA 570”) as it applies to the Lawrence Station PMTSA, SASP 724
(schedule 30 of OPA 570). For ease of reference, we have attached the relevant excerpts from
OPA 570 that apply to the Lawrence Station PMTSA at Appendix “A”.
Our Client is concerned that:
(i) the minimum densities identified by the City for the Lawrence Station PMTSA generally,
and along Lawrence Avenue East and Yonge Street more specifically, are too low to
facilitate transit supportive development that optimizes use of these lands and transit; and (ii) the City’s proposed land uses for the Lawrence Station PTMSA for certain lands along
Lawrence Avenue East generally, and the Subject Site more specifically, will not result in
transit supportive development that optimizes use of these lands and transit.
As you know, optimizing the use of land and transit, especially within a PMTSA, is a core objective
of provincial policy as reflected in the Provincial Policy Statement 2020 and A Place to Grow:
Growth Plan for the Greater Golden Horseshoe.
To illustrate the issue as it applies to the Subject Site, OPA 570 sets a minimum density of 0.5
FSI. This minimum density is in fact lower than the as-of-right density permission that exists in
the City’s zoning by-law for the Subject Site, which is 0.6 FSI. A minimum FSI of 0.5, as proposed
in OPA 570, is insufficient to facilitate transit supportive development that optimizes use of the
land as it would not facilitate any form of mid-rise apartment building on the Subject Site.
We anticipate the City will argue that OPA 570, once approved, freezes the permissible land use
designation for the Subject Site to Neighborhoods. This would then freeze the permissible height
for the Subject Site to a building that is no greater than four (4) storeys and would by consequence
also limit the maximum permissible density on the Subject Site. This issue applies not only to the
Subject Site, but to nearly all lands adjacent to Lawrence Avenue East within the Lawrence Station
PMTSA, as nearly all of these lands are designated Neighbourhoods. It does not make sense to
limit height to four (4) storeys on a Major Road in the City on lands that are walking distance to
the Lawrence Station Subway stop.
The City will likely argue that OPA 570 freezes the Neighbourhoods designation because of
subsection 22(2.1.3) of the Planning Act, R.S.O. 1990, c. P.13, which states:

22 (2.1.3) If a protected major transit station area is identified in an official
plan in accordance with subsection 16(15) or (16), no person or public
body shall request an amendment in respect of any of the policies
describes in those subsections in respect of that area, including, for
greater certainty, policies described in subclause 16(16) (b) (i) and (ii) that
are contained in the official plan of a lower-tier municipality (emphasis
added).

The policies in subsection 16(15) of the Planning Act include policies that “identify the authorized
uses of land in the major transit station area and of buildings or structures on lands in the area”.
In other words, subsection 22(2.1.3) prevents a person or public body from filing an official plan
amendment to change the use of land, which for the Subject Site and lands along Lawrence Avenue East, would arguably be a prohibition on amending the Neighbourhoods designation (and
accordingly a freeze on the four (4) storey height limit).
Request
Our Client requests the Province to revise the Lawrence Station PMTSA, SASP 724 (Schedule
30 of OPA 570) to:
(i) increase the minimum density along Lawrence Avenue East and Yonge Street to be
each in the range of 4.0 –7.0 FSI. This can be done by amending Map 2 to SASP 724 to
reflect the increased minimum densities; and
(ii) change the land uses along Lawrence Avenue East within the Lawrence Station
PMTSA from Neighbourhoods to Apartment Neighbourhoods. This can be done by adding
the following text at the end of sub (c) of SASP 724: “except the authorized uses of lands
adjacent to Lawrence Avenue East within the Lawrence Protected Major Transit Station
Area are those permitted by the Apartment Neighbourhood designation in Chapter 4 of
the Official Plan, and this prevails over any other policies and/or maps of the Official Plan”
Our Client believes that these proposed amendments are what is necessary to achieve the
minimum population and employment target of 200 residents and jobs combined per hectare for
the Lawrence Station PMTSA, and to facilitate transit supportive development. However, our
Client’s specific interests are related to the Subject Site, and so in the alternative, our Client
requests the Province to revise the Lawrence Station PMTSA, SASP 724 (Schedule 30 of OPA
570) to:

(i) increase the minimum density for the Subject Site to 4.33 FSI. This would facilitate a
nine (9) storey apartment building on the Subject Site as described in more detail below.
This can be done by amending Map 2 to SASP 724 to reflect this increased minimum
density for the Subject Site; and
(ii) change the land use for the Subject Site from Neighbourhoods to Apartment
Neighbourhoods. This can be done by adding the following text to the end of sub (c) of
SASP 724: “except the authorized uses of lands at 49-59 Lawrence Avenue East are those
permitted by the Apartment Neighbourhood designation in Chapter 4 of the Official Plan,
and this prevails over any other policies and/or maps of the Official Plan”

If our requested amendments are not made, and SASP 724 is approved in the form as adopted
by the City, the Subject Site and certain surrounding lands on Lawrence Avenue East will arguably be limited in height and density to that which facilitates four (4) storey buildings. This should not
be an outcome that the Province should approve given its objective to intensify within major transit
station areas.
The current level of development within the vicinity of Lawrence Station is less than half the
minimum target of 200 residents and jobs combined per hectare, at approximately 98 residents
and jobs per hectare. There is only one (1) site along the Yonge Street Spine near Lawrence
Avenue that is a reasonable redevelopment opportunity (south west corner). All other sites
already have significant development on them, or are a park/library (south east corner), and
therefore have no reasonable redevelopment opportunity. The only feasible way for this PMTSA
to actually achieve the provincially mandated minimum target of 200 residents and jobs combined
per hectare is for lands along Lawrence Avenue, within the Lawrence Station PMTSA, to be
allocated further density. The Subject Site, described in more detail below, is perfectly situated
for such density because it has the size, assemblage, frontage, and appropriate proximity to
Lawrence Station.
The Subject Site
The Subject Site is a 1392 square metre (14,983 sq. ft.) parcel of land on the south side of building consisting of 29 residential units. All of the proposed residential units will be family sized
units from 873 sq. ft. to 2266 sq ft., with nineteen (19) of these units being larger than 1,500 sq.
ft. The proposed building will have below-grade parking. It will have a maximum height of
approximately 33 metres and a density of 4.33 FSI.
Our Client’s urban designer has done shadow studies on the proposed development, and can
demonstrate that there will be no undue adverse shadow impacts on any sensitive surrounding
lands. Shadow is not an issue, and the proposed development will meet the relevant tests in the
City’s OP.
Plans and site statistics for the proposed development are attached at Appendix “E”.
We thank you for your time in reviewing this submission. We would be pleased to discuss with
you any of the above proposed amendments, or our concerns more generally, at your
convenience. We look forward to the Province’s revisions to, and approval of, OPA 570.
Lawrence Avenue East, approximately 180 metres east of Yonge Street. The Subject Site is
located at the south-west corner of Lawrence Avenue East and Weybourne Crescent. The
entrance for the Lawrence Station subway stop is located at the north east corner of Yonge Street
and Lawrence Avenue East, which is also approximately 180 metres from the Subject Site. A
location map and rendering showing the Subject Site, the Proposed Development and its
proximity to Lawrence Station Subway stop is attached at Appendix “B”.
The Subject Site is designated Neighbourhoods on Map 17 of the City’s Official Plan. The Chapter
4 policies of the City’s Official Plan limit the height on lands designated Neighbourhoods to four
(4) storeys. The Subject Site is zoned R (f7.5; d.06) (x933) in the City’s Zoning By-law 569-2013.
The zoning for the Subject Site permits a building that has a height of up to 10.0 metres, a frontage
of at least 7.5 metres; and a maximum density of 0.6 FSI. An excerpt of Map 17 and the Chapter
4 policies that limit height to 4 storeys is attached at Appendix “C”. The City’s zoning map that
applies to the Subject Site is attached at Appendix “D”.
Proposed Development
Our Client, on the basis of expert advice from its urban designer, land use planner, and other
technical experts, seeks to redevelop the Subject Site with a nine (9) storey residential apartment