Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 10, 2021
CASE NO(S).: PL200157 PL200158 PL210135
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 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: 1386073 Ontario Inc.
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation: Neighborhoods, General Employment Areas, and Core Employment Areas
Proposed Designated: Neighborhoods, General Employment Areas, and Core Employment Areas
Purpose: To permit a new road to be developed as a private road
Property Address/Description: 2650 St. Clair Avenue West
Municipality: City of Toronto
Approval Authority File No.: 20 196724 WET 05 OZ
LPAT Case No.: PL210135
LPAT File No.: PL210135
LPAT Case Name: 1386073 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: 1386073 Ontario Inc.
Subject: Application to amend Zoning By-law No. 569-2013 - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: Commercial Employment (CE) under former City of York Zoning By-Law No. 1-83
Proposed Zoning: Residential 3 (R3) and Commercial Employment (CE)
Purpose: To permit the construction of 98, 4-storey back-to-back townhouse units to the rear of the existing 2-storey commercial building
Property Address/Description: 2650-2672 St. Clair Avenue West
Municipality: City of Toronto
Municipality File No.: 18 208427 WET 11 OZ
LPAT Case No.: PL210135
LPAT File No.: PL200157
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1386073 Ontario Inc.
Subject: Proposed Plan of Subdivision - Failure of the City of Toronto to make a decision
Purpose: To permit the creation of 4 Blocks to facilitate a road widening along St. Clair Avenue West, a widening of the public lane, to create 2 development parcels, and a new public street
Property Address/Description: 2650-2672 St. Clair Avenue West
Municipality: City of Toronto
Municipality File No.: 18 208431 WET 11 SB
LPAT Case No.: PL210135
LPAT File No.: PL200158
Heard: May 20, 2021 via video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| 1386073 Ontario Inc. | Natalie Ast |
| City of Toronto | Roman Ivanov, Leslie Forder |
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON MAY 20, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first case management conference (“CMC”) held as a video hearing (“VH”) for the Official Plan Amendment appeal and the second CMC for the Zoning By-law amendment and draft Plan of Subdivision appeals of 1386073 Ontario Inc. (the “Appellant”). The Appellant has properties located in the City of Toronto (“City”), municipally known as 2650-2672 St. Clair Avenue West (the “Subject Lands”) and is proposing to develop five blocks of back to back townhouses for a total of 98 three-bedroom dwelling units. The appeals are filed under s. 22(7), s. 34(11) and s. 51(34) of the Planning Act.
PL200157, PL200158, and PL210135
2The Tribunal noted the related matters referenced as PL200157, PL200158 and PL210135 which parties agreed should be consolidated and heard together. The Tribunal will make the necessary order.
3Affidavit of service of notice of CMC has been filed and served. It is marked as Exhibit 1.
PARTICIPANT STATUS
4Participant status was granted as requested by Jessica Stanton. Counsel for the Appellant, and the City have no objections to the request.
DRAFT ISSUES LIST AND DRAFT PROCEDURAL ORDER
5Counsel for the Appellant and the City have furnished a draft procedural order