Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
August 12, 2022
CASE NO.:
OLT-22-004047 (formerly PL200215)
EFFECTIVE DATE:
August 11, 2022
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant:
Collecdev Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit construction of a 44 storey, 398-unit residential building
Reference Number:
19 194902 NNY 15 OZ
Property Address:
40-44 Broadway Avenue
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-004047
Legacy Case No:
PL200215
OLT Lead Case No:
OLT-22-004047
Legacy Lead Case No:
PL200215
OLT Case Name:
Collecdev Inc. v. Toronto (City.)
BEFORE:
G.C.P. BISHOP
Friday, the 12th
ASSOCIATE CHAIR
day of August, 2022
THESE MATTERS, in respect of the lands at 40-44 Broadway Avenue in the City of Toronto, having come for public hearings on June 10, 2021 before the Ontario Land Tribunal (the "Tribunal") and the Tribunal having issued a Decision and Interim Order on October 15, 2021 allowing the Applicant/Appellant’s appeals of the request to amend the City of Toronto Official Plan and application to amend City of Toronto Zoning By-law No. 438-86 and No. 569-2013 with the final Order withheld pending the Tribunal being advised by the City Solicitor that the conditions contained in that Order have been satisfied; and
THE TRIBUNAL HAVING BEEN ADVISED by the Parties on August 10, 2022 that these above-noted conditions have been fully satisfied or otherwise addressed to the satisfaction of the Parties and that the City and the Applicant and Appellant are thus jointly requesting that the Tribunal proceed to issue its Final Order on that basis;
AND THE TRIBUNAL having received, considered and determined the request for the Final Order on Thursday, the 11th day of August, 2022;
AND THE TRIBUNAL BEING SATISFIED that the prior conditions to the Final Orders previously imposed by the Tribunal, upon the consent of the parties, have been satisfied or will now be appropriately addressed and that it is accordingly appropriate that the Tribunal issue its Final Order amending the City’s Official Plan and the identified Zoning By-law(s) through the revised instruments now submitted for final approval upon the joint request of the City and the Applicant and Appellant;
NOW THEREFORE
THE TRIBUNAL ORDERS that the Appeals are allowed in part and:
Zoning By-law No. 438-86 of the City of Toronto is amended in accordance with the zoning by-law amendment attached hereto as Attachment "A";
Zoning By-law No. 569-2013 of the City of Toronto is amended in accordance with the zoning by-law amendment attached hereto as Attachment "B"; and
THE TRIBUNAL authorizes the municipal clerk to format, as may be necessary, and assign a number to these by-laws for record keeping purposes.
THE TRIBUNAL ORDERS THAT, pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, notwithstanding the eventual date of the formal issuance of this Order, it shall be, and was, effective as of Thursday, August 11, 2022 which is the date that the Tribunal received, considered and determined the request for the Final Order in this proceeding.
“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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ATTACHMENT A
Authority: Ontario Land Tribunal Decisions/Orders issued October 15, 2021 and August 12, 2022 in File PL200215
CITY OF TORONTO
BY-LAW No. _____-2022 (OLT)
To amend Zoning By-law No. 438-86, as amended, with respect to the lands municipally known in the year 2021 as 40-44 Broadway Avenue
Whereas the Ontario Land Tribunal pursuant to its Decision/Order issued on October 15, 2021 in File PL200215 upon hearing an appeal under Section 34(11) of the Planning Act R.S.O. 1990, c. P.13, as amended deems it advisable to amend By-law 438-86, as amended, for the City of Toronto with respect to lands municipally known as 40-44 Broadway Avenue; and
Whereas Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act; and
Whereas the Official Plan for the City of Toronto contains provisions relating to the authorization of increases in height and density of development; and
Whereas pursuant to Section 37 of the Planning Act, a by-law under [Section 34](https://www.canlii.org/