Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 4, 2022
CASE NO.: OLT-21-001193
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Talus (Bathurst) Limited
Subject: Application to amend Zoning By-law No. 1694 - 2019 and 101–2014 - Failure of the City of Toronto to make a decision
Description: To permit a 9-storey mid-rise building at a height of 32.3 m
Property Address: 1109 Bathurst Street and 246–248 Albany Avenue
Municipality: City of Toronto
Municipality File No.: 20 159922 STE 11 OZ
OLT Case No.: OLT-21-001193
OLT Lead Case No.: OLT-21-001193
OLT Case Name: Talus (Bathurst) Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Site Plan
Referred by: Talus (Bathurst) Limited
Property Address: 1109 Bathurst Street and 246–248 Albany Avenue
Municipality: City of Toronto
OLT Case No.: OLT-21-001194
OLT Lead Case No.: OLT-21-001193
BEFORE:
M. A. SILLS
VICE-CHAIR
Thursday, the 4th day of August, 2022
THESE MATTERS having initially come on for a public Case Management Conference before the Tribunal on November 25, 2021;
AND THE TRIBUNAL having ordered a further public Case Management Conference before the Tribunal on Friday April 29, 2022;
AND THE TRIBUNAL having issued its Oral Decision on April 29, 2022 which allowed the appeal of the Zoning By-Law Amendment in part;
NOW THEREFORE THE TRIBUNAL ORDERS, in accordance with the Oral Decision, that:
The Tribunal allows the appeal of the Zoning By-law Amendment application in part and withholds its final Order on the Zoning By-law Amendment until such time as the parties advise that:
The final form and content of the draft Zoning By-law Amendment is to the satisfaction of the of the City Solicitor and the Chief Planner and Executive Director, City Planning, which includes the following provisions:
i. minimum parking rate of 0.09 spaces per 100 square metres of self-storage gross floor area; and
ii. minimum of two (2) Type B loading spaces on the lot;
The owner has resubmitted to the City for review and approval updated supporting information and reports, including a revised Urban Transportation Considerations Report, a revised Functional Servicing Report and a revised Stormwater Management Report, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the Chief Planner and Executive Director, City Planning;
The owner has made satisfactory arrangements with the Chief Engineer and Executive Director, Engineering and Construction Services for the design and construction of new infrastructure or any improvements to the existing municipal infrastructure, should it be determined in the Engineering Reports that new infrastructure and/or upgrades/improvements are required to the existing infrastructure, to support this development, and that the owner has entered into a financially secured agreement to pay for and construct any necessary municipal infrastructure, with any such agreement to be executed prior to the issuance of the first above-grade building permit; and
The owner has submitted a revised Noise and Vibration Feasibility Study, and the study has been peer reviewed by a third-party Noise and Vibration Consultant retained by the City of Toronto at the owner's expense, to the satisfaction of the Chief Planner and Executive Director, City Planning.
The Tribunal adjourns the referral of the Site Plan Control application sine die.
“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.