Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
August 12, 2022
CASE NO.:
PL171476
EFFECTIVE DATE:
August 11, 2022
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
BJL McCaul Inc.
Subject:
Application to amend Zoning By-law No. 438 – 86 - Neglect of the City of Toronto to make a decision
Existing Zoning:
Commercial Residential (CR – CR T2.5 C1.0 R2.0)
Proposed Zoning:
Site – specific (to be determined)
Purpose:
To permit a 19-storey mixed-use building containing 266 residential units and grade related commercial uses.
Property Address/Description:
193-197 McCaul Street
Municipality:
City of Toronto
Municipality File No.:
17 209531 STE 20 OZ
OMB Case No.:
PL171476
OMB File No.:
PL171476
OMB Case Name:
BJL McCaul Inc. 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 193-197 McCaul Street in the City of Toronto (the "Lands"), having come for public hearings on September 5 and 6, 2019 before the former Ontario Municipal Board now the Ontario Land Tribunal (the "Tribunal"), where Sinai Health System Inc. (“Sinai”) is a party to the proceedings, and the Tribunal, as it then was, having heard evidence in the matter resulting in the decision and interim order issued on October 17, 2019 (the "OLT Order") by which the Tribunal allowed the Applicant/Appellant’s appeal in part and approved the draft zoning by-law amendment required to authorize the development proposal, where a draft version of the zoning by-law amendments was filed as Exhibit 9B and Exhibit 10B during the public hearing;
AND THE TRIBUNAL having withheld its final order amending the applicable zoning by-laws pending receipt of written confirmation from the City Solicitor for the City of Toronto (the "City Solicitor"), that the matters referred to in paragraph 34 of the OMB Order (the "Conditions For Issuance Of The Final Order") have been satisfied;
AND THE TRIBUNAL having been advised by the City Solicitor in writing that the Conditions For Issuance Of The Final Order have been satisfied;
AND THE TRIBUNAL having been advised by the City Solicitor in writing that the final form of the zoning by-law amendment is in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;
AND THE TRIBUNAL having been advised by the solicitor for Sinai, the owner of the neighbouring lands, in writing that the final form of the zoning by-law amendment is in a form satisfactory to Sinai, and that the applicable matters in the Conditions for Issuance of the Final Order have been satisfied;
PURSUANT TO RULE 24.3 OF THE TRIBUNAL'S RULES this Final Order is effective on August 11, 2022;
THE TRIBUNAL ORDERS that:
The City of Toronto Zoning By-law No. 569-2013 is amended in accordance with the zoning by-law amendment attached hereto as Attachment "A"; and
The City Clerk is authorized to assign a number to the zoning by-law amendments attached hereto as Attachment "A" for record keeping purposes and to format said zoning by-law amendments as, as necessary.
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.
ATTACHMENT A