Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 11, 2022
CASE NO.: OLT-22-002194
EFFECTIVE DATE: August 8, 2022
(Legacy Case No.: PL210030)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1332904 Ontario Ltd. & Max Klaczkowski
Subject: Application to amend Zoning By-law No. 438-86 and 569-2013 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: CRT4.0 C2.0 R4.0 and CR 4.0 (c2.0; r4.0) SS1 (x2255).
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 39-storey mixed-use building
Property Address/Description: 133-141 Queen St. E. and 128 Richmond St. E.
Municipality: City of Toronto
Municipality File No.: 18 225083 STE 28 OZ
OLT Case No.: OLT-22-002194
Legacy Case No.: PL210030
OLT Lead Case No.: OLT-22-002194
Legacy Lead Case No.: PL210030
OLT Case Name: 1332904 Ontario Ltd. v. Toronto (City)
BEFORE:
JATINDER BHULLAR
Monday, the 8th
MEMBER
day of August, 2022
S. MANN
MEMBER
THIS MATTER, in respect of the lands at 133-141 Queen Street East and 128 Richmond Street East (collectively, the “Subject Property”), having been heard at a public hearing on March 28, 2022, and the Ontario Land Tribunal (the “Tribunal”) having issued its interim decision on May 31, 2022 (the “Decision”) that the appeal under subsection 34(11) of the Planning Act (the “Appeal”) in Tribunal Case No. OLT-22-002194 should be allowed in part, and approving the proposed zoning by-law amendment 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 amendment 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 the Decision, including confirmation of the final form of the zoning by-law amendment, satisfactory to the City of Toronto, attached hereto as Schedule “A”;
THE TRIBUNAL ORDERS that the Appeal is 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 Schedule “A” to this Order;
AND PURSUANT TO RULE 24.3 OF THE TRIBUNAL’S RULES this Order is effective on August 8, 2022.
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 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”