Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 07, 2022
CASE NO.: PL180067
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: ADI Development (Portland) Inc.
Subject: Application to amend Zoning By-laws 438-86 and No. 569-2013 – Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: RA; CRE(x76)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the construction of a new mixed use development
Property Address/Description: 135-143 Portland St
Municipality: City of Toronto
Municipality File No.: 17 213544 STE 20 OZ
LPAT Case No.: PL180067
LPAT File No.: PL180067
LPAT Case Name: ADI Development (Portland) Inc. v. Toronto (City)
BEFORE:
DAVID L. LANTHIER
Friday, the 07th
MEMBER STEVEN COOKE
day of January, 2022
MEMBER
THIS MATTER having come on for a public hearing on October 8, 2019 and the Local Planning Appeal Tribunal, now the Ontario Land Tribunal (the “Tribunal”) in its Decision on October 31, 2019 having determined that the appeal(s) under subsection 34(11) of the Planning Act (the “Zoning Appeal”) should be allowed, in part, and that the proposed zoning by-law amendments should be approved, in principle, with the final Order withheld pending the Tribunal being advised by the City Solicitor that:
(a) the proposed zoning by-law amendment(s) are in a final form and content satisfactory to the City;
(b) the City has dealt with the rental housing demolition application under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act;
(c) the owner has provided a revised Functional Servicing and Stormwater he owner has provided a revised Functional Servicing and Stormwater Management Report, Hydrogeological Report and supporting documents, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water and secured the design and provided financial securities for any upgrades as determined to be required;
(d) the Heritage Easement Agreement has been executed and registered on title to the satisfaction of the City; and
(e) the Section 37 Agreement has been executed and registered on title to the satisfaction of the City.
THE TRIBUNAL HAVING BEEN ADVISED that these above-noted matters have been completed to the satisfaction of the City of Toronto prior to the issuance of a final Order regarding the Zoning Appeal have been satisfied;
AND THE TRIBUNAL is satisfied that its direction as set out in the Decision have been met;
THE TRIBUNAL ORDERS that the Zoning Appeals are allowed, in part, and that Zoning By-law No. 569-2013 of the City of Toronto, as amended, is hereby amended in the manner set out in Attachment “1” to this Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to these by-laws for record keeping purposes.
“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.