Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 7, 2021
CASE NO(S).: PL180105
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 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Latch Developments Ltd.
Subject: Application to amend the Etobicoke Zoning Code – Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: Limited Commercial – Avenues Zone (AV)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 14-storey mixed-use development
Property Address/Description: 859 The Queensway
Municipality: City of Toronto
Municipality File No.: 17 237625 WET 05 OZ
OLT Lead Case No.: PL180105
OLT Case No.: PL180105
OLT Case Name: Latch Developments Ltd. v. Toronto (City)
BEFORE:
BLAIR TAYLOR MEMBER
Thursday, the 07^th^ day of October, 2021
THESE MATTERS having initially come on for public hearing before the Tribunal from October 26-30, 2020;
AND THE TRIBUNAL having issued its Decision and Interim Order on December 21, 2020, which did not approve the rezoning proposal as presented but which provided the applicant with an opportunity to continue discussions with the City and revise the proposal subject to certain required amendments to the design in respect of the property known municipally as 859 The Queensway (the “Property”);
AND THE TRIBUNAL having considered a revised settlement proposal from the parties and having issued a further Decision and Interim Order on July 7, 2021 approving the revised proposal, in principle, subject to a number of conditions being satisfied, including inter alia the form and content of the revised zoning by-law to the satisfaction of the City (the “Interim Decision”);
AND THE TRIBUNAL having withheld its Order in respect of the appeal of the zoning by-law amendment application for the Property pending the satisfaction of the conditions set out in Attachment 1 to the Interim Decision (the “Final Order Conditions”);
AND THE TRIBUNAL having been provided with confirmation that the Final Order Conditions have been addressed to the satisfaction of the City;
NOW THEREFORE THE TRIBUNAL ORDERS, in accordance with the Decision, that:
a) the appeal is allowed, in part; and
b) the former City of Etobicoke Zoning Code Chapters 320 and 324 and By-law No. 514-2003, as amended, are hereby amended in the form attached hereto, being Attachment A.
“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.