Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 30, 2021
PL150838
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: Sobeys Capital Incorporated
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation: Employment Areas
Proposed Designated: Site Specific (To be determined)
Purpose: To permit the development of a mixed-use building
Property Address/Description: 840 & 860 Dupont Street
Municipality: City of Toronto
Approval Authority File No.: 13 203675 STE 19 OZ
OMB Case No.: PL150838
OMB File No.: PL150838
OMB Case Name: Sobeys Capital Incorporated 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: Sobeys Capital Incorporated
Subject: Application to amend Zoning By-law No. 1011-2014 and 438-86, as amended - Neglect of City of Toronto to make a decision
Existing Zoning: IC D2
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the development of a mixed-use building
Property Address/Description: 840 & 860 Dupont Street
Municipality: City of Toronto
Municipality File No.: 13 203675 STE 19 OZ
OMB Case No.: PL150838
OMB File No.: PL150839
BEFORE:
M.A. SILLS
Wednesday, the 30th day of June, 2021
VICE-CHAIR
THIS MATTER having come on for public hearing by the Ontario Municipal Board, continued as the Local Planning Appeal Tribunal (the “Tribunal”), on May 11, 2016;
AND THE TRIBUNAL having, by its Interim Order dated February 1, 2017 (the “Interim Order”), allowed the appeal in part and amended Zoning By-law No. 438-86 substantially in accordance with Exhibit 42 and appended to its Interim Order as Attachment 2 (the “Tribunal Approved Zoning By-law Amendment”);
AND THE TRIBUNAL having withheld its Final Order pending confirmation that the following conditions (the “Conditions”) have been satisfied: a Section 37 Agreement has been executed by the Owner to the satisfaction of the City of Toronto (the “City”); confirmation that the conditions set out in section 8.4 of Official Plan Amendment No. 271 have been completed and accepted by the City; and confirmation of the City’s concurrence to the final form of the Tribunal Approved Zoning By-law Amendment;
AND THE TRIBUNAL having been advised by the Owner of the lands known municipally as 840 and 860 Dupont Street, that certain revisions to the Tribunal Approved Zoning By-law Amendment are necessary;
AND THE TRIBUNAL having considered the planning affidavit of Peter Smith and having reviewed a draft zoning by-law making revisions to the Tribunal Approved Zoning By-law Amendment (the “Revised Zoning By-law Amendment”);
AND THE TRIBUNAL having been satisfied that the Revised Zoning By-law Amendment meets the intent of the Tribunal’s Interim Order;
AND THE TRIBUNAL having been advised that the City consents to this Order issuing;
THE TRIBUNAL ORDERS that in accordance with Sections 9(4) and 12(2) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6 and Rules 1.3, 1.4 and 1.6 of the Tribunal’s Rules of Practice and Procedure:
the Interim Order is hereby amended by replacing Exhibit 42 and Attachment 2 to the Interim Order with the Revised Zoning By-law Amendment which is attached hereto as Attachment 1 to this Order;
in all other respects, the Tribunal’s Interim Order, including the conditions to the issuance of the Tribunal’s Final Order, remains unchanged; and
the Tribunal may be spoken to in the event some matter or matters should arise in connection with the implementation of this Order.
“Becky Fong”
BECKY FONG
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