Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 11, 2022
CASE NO.: PL151148
EFECTIVE DATE: August 10, 2022
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Bathurst & Glencairn Square Limited
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation: Neighbourhoods and Mixed Use Areas
Proposed Designated: Mixed Use Areas (entirely)
Purpose: To permit a residential/mixed-use building consisting of 10 storeys
Property Address/Description: 491 Glencairn Ave/278,280 &282 Strathallan Wood Rd
Municipality: City of Toronto
Approval Authority File No.: 14 102505 NNY 16 OZ
OMB Case No.: PL151148
OMB File No.: PL151148
OMB Case Name: Bathurst & Glencairn Square Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Bathurst & Glencairn Square Limited
Subject: Application to amend Zoning By-law No. 7625 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: C1 (General Commercial) and RM3 (Residential Multiple-Family)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a residential/mixed-use building consisting of 10 storeys
Property Address/Description: 491 Glencairn Ave/278,280 &282 Strathallan Wood Rd
Municipality: City of Toronto
Municipality File No.: 14 102565 NNY 16OZ
OMB Case No.: PL151148
OMB File No.: PL151149
BEFORE:
DAVID L. LANTHIER VICE-CHAIR
Wednesday, the 10th day of August, 2022
THESE MATTERS, in respect of the lands at 491 Glencairn Ave/278, 280 & 282 Strathallan Wood Rd in the City of Toronto, having come for public hearings on November 24, 2017 before the Ontario Land Tribunal (the "Tribunal") and the Tribunal directing the Applicant/Appellant to amend its proposal in accordance with the directions outlined in that Decision;
AND THE TRIBUNAL having conducted a further public hearing on June 24, 2019 and the Tribunal having determined that the proposal had been appropriately amended and the Tribunal having issued its Order dated July 24, 2019 that the appeals under subsection 22(7) and 34(11) of the Planning Act (the “Appeals”) should be allowed and that the proposed official plan and zoning by-law amendments should be approved, with the final Order withheld until such time as the Tribunal was advised by the City Solicitor that the conditions contained in that Order had been satisfied;
AND THE TRIBUNAL HAVING BEEN ADVISED by the Parties on August 10, 2022 that the City Solicitor is content that these above-noted conditions have been fully satisfied inclusive of satisfactory arrangements for the execution of a section 37 Agreement to the City’s satisfaction, and registration upon satisfaction of one outstanding postponement, 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 Wednesday, the 10th 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-laws 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:
The City of Toronto Official Plan is amended in accordance with the official plan amendment attached hereto as Attachment "1";
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 "2"; and
Zoning By-law No. 7625 of the City of Toronto is amended in accordance with the zoning by-law amendment attached hereto as Attachment “3”.
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 Wednesday, August 10, 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 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 1
ATTACHMENT 2
ATTACHMENT 3