Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 25, 2021

CASE NO.: PL171281

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 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: BcIMC Realty Corporation

Subject: Application to amend Zoning By-law No. 569-2013 & 438-86 - Refusal or neglect of the City of Toronto to make a decision

Existing Zoning: R (d2.0) (x968) (569-2013) & R2 Z2.0 (438-86)

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit the infill development of a 29-storey residential building

Property Address/Description: 33 Rosehill Avenue & 44 Jackes Avenue

Municipality: City of Toronto

Municipality File No.: 16 255319 STE 22 OZ

OMB Case No.: PL171281

OMB File No.: PL171281

OMB Case Name: BcIMC Realty Corporation v. Toronto (City)

BEFORE:

M.A. SILLS VICE-CHAIR

Wednesday, the 25th day of August, 2021

THESE MATTERS, in respect of the lands at 33 Rosehill Avenue & 44 Jackes Avenue (the “subject site”), having come in for public hearing on July 24, 2019, and the Local Planning Appeal Tribunal (“LPAT”) having issued its oral decision delivered on July 24, 2019 with the written decision issued on September 12, 2019 (the “Decision”) allowing the appeal of the Zoning by-law Amendment, in part.

AND THE TRIBUNAL having withheld its final order, pending the satisfaction of conditions set out in the Decision of September 12, 2019;

AND THE TRIBUNAL having received written communication from counsel for the City that the conditions set out in the Decision of September 12, 2019 have now been satisfied, with the exception of the condition that requires modifications to the Stormwater Management Report, satisfactory to the Chief Engineer and Executive Director, Engineering & Construction Services, which condition the parties have agreed will be addressed as part of site plan approval for the subject site.

THE TRIBUNAL ORDERS that the application to amend Zoning By-law No. 438-86 and 569-2013 of the City of Toronto are allowed in part and the City’s By-laws are amended in accordance with the final form of amendment in Schedules “A” and “B” hereto. The Tribunal may be spoken to in the event any matter arises 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.