Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 16, 2021
CASE NO(S).: PL180241
The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Oasis Townhomes On Lawrence Inc. Subject: Request to amend the Official Plan – Failure of the City of Toronto to adopt the requested amendment Existing Designation: Neighbourhoods Proposed Designated: Site Specific (To be determined) Purpose: To permit 12 five-storey freehold townhouses Property Address/Description: 579, 581, 583 & 585 Lawrence Ave W Municipality: City of Toronto Approval Authority File No.: 17 222637 NNY 15 OZ OLT Lead Case No.: PL180241 OLT Case No.: PL180241 OLT Case Name: Oasis Townhomes On Lawrence Inc. 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: Oasis Townhomes On Lawrence Inc. Subject: Application to amend Zoning By-law No. 7625 – Refusal or neglect of the City of Toronto to make a decision Existing Zoning: One Family Detached Dwelling Fourth Density Zone (R4) Proposed Zoning: Multiple-Family Dwellings First Density Zone (RM1(XXX)) Purpose: To permit 12 five-storey freehold townhouses Property Address/Description: 579, 581, 583 & 585 Lawrence Ave W Municipality: City of Toronto Municipality File No.: 17 222637 NNY 15 OZ OLT Lead Case No.: PL180241 OLT Case No.: PL180242
BEFORE: R.G.M. MAKUCH VICE CHAIR Tuesday, the 16th day of November, 2021
THESE MATTERS having initially come on for public settlement hearing before the Tribunal on November 18, 2019 to permit the development of 12 residential units in two blocks of townhouses on the subject lands owned by Oasis Townhomes on Lawrence Inc. (“Oasis”);
AND THE TRIBUNAL having issued its Decision on December 2, 2019, which allowed the appeal with respect to the zoning amendment application, in part, in principle, with the Final Order of the Tribunal to issue once certain conditions agreed to between the Parties have been cleared by the City Solicitor as set out in paragraph 57 of the same decision;
AND THE TRIBUNAL having received a request on consent of the parties on August 9, 2021 to consider a revised proposal that provides for 25 residential units in a stacked back-to-back townhouse format, but still within 2 blocks fronting on Lawrence Avenue West (the “Revised Proposal”), as the basis for an amended Decision;
AND THE TRIBUNAL confirming on August 16, 2021 that consideration would be given based on certain written materials to be submitted;
AND THE TRIBUNAL having received on October 26th, the sworn Affidavit submission of David Huynh, MCIP, RPP, which confirms the satisfaction of Condition No.2 only and included as “Attachment 1” to this decision;
AND THE TRIBUNAL having received on October 26th, the sworn Affidavit submission of David Huynh, MCIP, RPP, which provides planning opinion supporting the approval, in principle, of the Revised Proposal, subject to the satisfaction of certain conditions, as well as copy of the revised settlement offer that was made to the City on behalf of Oasis;
NOW THEREFORE THE TRIBUNAL ORDERS as follows:
- The appeals by Oasis Townhomes on Lawrence Inc. (the “Owner”) for the Zoning By-law Amendment is allowed, in part, and the Tribunal approves, in principle, the revised proposal for the lands municipally known as 579-585 Lawrence Avenue West, Toronto, substantially in accordance with the plans and drawings dated June 23, 2021 and with the Tribunal’s final order being withheld until the Tribunal has been advised by the City Solicitor that the following conditions have been met:
a. the proposed Zoning By-law Amendments are in a content and form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning:
b. the Owner has, at its sole cost and expense:
i. submitted a revised Functional Servicing Report, together with supporting documentation, including confirmation of water and fire flow, sanitary and stormwater capacity, Stormwater Management Report and Hydrogeological Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water;
ii. the owner pays for and constructs any improvements to the municipal infrastructure in connection with the Engineering Reports, to be submitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development arising from the accepted Engineering Reports.
“Euken Lui”
EUKEN LUI 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.
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