Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 13, 2022
CASE NO.: OLT-21-001621 (formerly PL200572)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: MOD Developments (Redpath) Limited Partnership
Subject: Application to amend former City of Toronto Zoning By-law No. 438-86 and City-wide Zoning By-law No. 569-2013 - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: Residential Districts R2 Z 2.0. under Zoning By-law 438-86, as amended; Residential R (d2.0) (x912) under Zoning By-law 569-2013, as amended
Proposed Zoning: Residential - Site Specific to allow the proposed height and residential density
Purpose: To permit a 35-storey residential building
Property Address/Description: 241 Redpath Avenue
Municipality: City of Toronto
Municipality File No.: 20 151705 NNY 15 OZ
OLT Case No.: OLT-21-001621
Legacy Case No.: PL200572
OLT Lead Case No.: OLT-21-001621
Legacy Lead Case No.: PL200572
OLT Case Name: MOD Developments (Redpath) LP. v. Toronto (City)
BEFORE:
M.A. SILLS Vice-Chair
P. TOMILIN Member
Friday, the 13th day of May, 2022
THIS MATTER having come on for a public hearing by Video Conference on May 12, 2022;
AND THE TRIBUNAL having considered and accepted the sworn Settlement Affidavit and the viva voce evidence and expert opinions of registered professional planner, Michael S. Goldberg, to support the application and amendments;
THE TRIBUNAL ORDERS that the Appeal is allowed in part, and the amendments to the former City of Toronto Zoning By-law No. 438-86 and City-wide Zoning By-law No. 569-2013, are approved in principle;
AND THE TRIBUNAL will withhold its final order pending confirmation that the following conditions are met:
the final form and content of the Zoning By-law Amendments are to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; and
the Owner has entered into an Agreement pursuant to Section 37 of the Planning Act satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor with such Agreement to be registered on title to the lands at 241 Redpath Avenue in a manner satisfactory to the City Solicitor.
“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.