Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 12, 2022
CASE NO.: OLT-21-001922
EFFECTIVE DATE: August 11, 2022
(Legacy Case No. PL200569)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dandaw Development Ltd. Et Al
Subject: Application to amend Zoning By-law 438-86 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: I1 D1 (Industrial)
Proposed Zoning: I1 D1 (Industrial) Site Specific
Purpose: To permit two mixed-use tall buildings at 33 and 26 storeys
Property Address/Description: 10-30 Dawes Road
Municipality: City of Toronto
Municipality File No.: 19 124138 STE 19 OZ
OLT Case No.: OLT-21-001922
Legacy Case No.: PL200569
OLT Lead Case No.: OLT-21-001922
Legacy Lead Case No.: PL200569
OLT Case Name: Dandaw Development Ltd. v. Toronto (City)
BEFORE:
G.C.P. BISHOP
Friday, the 12th
ALTERNATE CHAIR
day of August, 2022
THESE MATTERS, in respect of the lands at 10-30 Dawes Road (the “Subject Property”), having been heard at a public hearing on January 7, 2022, and the Local Planning Appeal Tribunal, now continued as the Ontario Land Tribunal (the “Tribunal”), having issued its interim decision and order on January 27, 2022 (the “Decision”) granting the site-specific appeals in part and approving the proposed zoning by-law amendments in principle;
AND THE TRIBUNAL having withheld its final order, pending the satisfaction of conditions, including the receipt of the final form of the zoning by-law amendments in respect of the Subject Property;
AND THE TRIBUNAL now having received confirmation from the appellant and the City of Toronto of the fulfillment of the conditions of its Decision, including confirmation of the final form of the zoning by-law amendments, satisfactory to the City, attached hereto as Schedule “A”;
AND THE TRIBUNAL having received confirmation from the Appellant and the City of Toronto that the provisions in City of Toronto By-law 569-2013 applicable to the Subject Property are in force and that as per Article 1.5.6 of City of Toronto By-law 569-2013, By-law 569-2013 supersedes former municipal zoning by-laws, including former City of Toronto By-law 438-86, where it applies.
AND PURSUANT TO RULE 24.3 OF THE TRIBUNAL'S RULES this Order is effective on August 11, 2022.
THE TRIBUNAL ORDERS that the appeal of the zoning by-law amendments is allowed, and the zoning by-law amendment to By-law 569-2013 is approved in accordance with the materials attached hereto as Schedule “A”. The municipal clerk is authorized to format, or make technical corrections, as may be necessary, and to assign a number to this by-law for record keeping purposes
The Tribunal may be spoken to in the event any matter arises in connection with the implementation of this Order.
“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.
SCHEDULE A