Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 10, 2021
CASE NO.: PL170134
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2482842 Ontario Inc.
Subject: Request to amend the Official Plan - Refusal of request by the City of Toronto
Existing Designation: Neighborhoods
Proposed Designated: Site specific
Purpose: To permit a six-unit townhouse block
Property Address/Description: 28 & 32 Evergreen Gardens
Municipality: City of Toronto
Approval Authority File No.: 16 182232 NNY 26 OZ
OMB Case No.: PL170134
OMB File No.: PL170134
OMB Case Name: 2482842 Ontario 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: 2482842 Ontario Inc.
Subject: Application to amend Zoning By-law Nos. 6752 and 569-2013 - Refusal of Application by the City of Toronto
Existing Zoning: R1B, RD (fl2.0; a370; d0.6)
Proposed Zoning: Site specific
Purpose: To permit a six-unit townhouse block
Property Address/Description: 28 & 32 Evergreen Gardens
Municipality: City of Toronto
Municipality File No.: 16 182232 NNY 26 OZ
OMB Case No.: PL170134
OMB File No.: PL170135
BEFORE:
DAVID L. LANTHIER VICE-CHAIR
Friday, the 10th day of December, 2021
THIS MATTER having come on for a public hearing and after the hearing the Tribunal, in its Decision issued on February 19, 2019 (the “Decision”), allowed the appeals in part and approved the draft Official Plan Amendment and draft Zoning By-law Amendments, but withheld the issuance of the Final Order approving the three planning instruments contingent upon the final review and approval of the instruments by the City and the Applicant and the final review and approval by the Tribunal, as set out in the Decision;
AND THE TRIBUNAL having been advised that the planning instruments are now in final form acceptable to both the Applicant and the City of Toronto.
THE TRIBUNAL ORDERS that:
(a) the Official Plan for the City of Toronto is amended as set out in Schedule A to this Order;
(b) Zoning By-law No. 569-2013, as amended is hereby amended as set out in Schedule B to this Order. The Tribunal authorizes the municipal clerk of the City of Toronto to assign a number to this by-law for record keeping purposes; and
(c) Zoning By-law No. 6752, as amended is hereby amended as set out in Schedule C to this Order. The Tribunal authorizes the municipal 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.
SCHEDULE A
SCHEDULE B
SCHEDULE C