Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 10, 2022
CASE NO.: OLT-22-003981
EFFECTIVE DATE: August 8, 2022
(Legacy Case No.: PL160225)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 169 The Donway West Inc.
Subject: Application to amend Zoning By-law No. 7625 - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: C3(8)
Proposed Zoning: RM6(xxx)
Purpose: To permit the development of two residential buildings (34 and 39 storeys) atop a two storey base building containing retail and office uses.
Property Address/Description: 169 The Donway West
Municipality: City of Toronto
Municipality File No.: 15 227717 NNY 25 OZ
OLT Case No.: OLT-22-003981
Legacy Case No.: PL160225
OLT Lead Case No.: OLT-22-003981
Legacy Lead Case No.: PL160225
OLT Case Name: 169 The Donway West Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 169 The Donway West Inc.
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Commercial (COM) with a Sub-Centre (SC) overlay
Proposed Designated: Site Specific to be determined.
Purpose: To permit the development of two residential buildings (34 and 39 storeys) atop a two storey base building containing retail and office uses.
Property Address/Description: 169 The Donway West
Municipality: City of Toronto
Approval Authority File No.: 15 2277170 NNY 25 OZ
OLT Case No.: OLT-22-003992
Legacy Case No.: PL160334
OLT Lead Case No.: OLT-22-003981
Legacy Lead Case No.: PL160225
BEFORE:
DAVID L. LANTHIER
VICE-CHAIR
Monday, the 8th day of August, 2022
THIS MATTER having come on for a public hearing May 2, 2018;
AND THE TRIBUNAL, in its Decision issued February 5, 2019 (the “Interim Decision”), having allowed the appeals filed by 169 The Donway West Inc. (the “Appellant”) in Case Nos. OLT-22-003981 and OLT-22-003992 (Legacy File Nos. PL160225 and PL160334), in part, and having approved in principle the Official Plan Amendment and Zoning By-law Amendments in the form of Attachment 1 (Official Plan Amendment) and Attachment 2 (Zoning By-law Amendment) to the Interim Decision;
AND THE TRIBUNAL having withheld its final Order on the Official Plan Amendment and the Zoning By-law Amendment until the conditions identified in clauses a) through c) of paragraph 39 of the Interim Decision are satisfied;
AND THE TRIBUNAL having received a request for an amendment of the Interim Decision, and in its Decision issued on June 29, 2022 (“Second Interim Decision”), ordered that the Interim Order be revised by:
deleting and replacing the Official Plan Amendment in Attachment 1 appended to the Interim Order with the revised Official Plan Amendment attached to the Second Interim Decision as Attachment 1;
deleting and replacing the Zoning By-law Amendment appended as Attachment 2 to the Interim Decision with the revised Zoning By-law Amendment attached to the Second Interim Decision Attachment 2;
deleting and replacing paragraph [39] of the Tribunal’s Interim Decision in its entirety and replacing it with the text set out in paragraph 26 of the Second Interim Decision.
AND THE TRIBUNAL having received written confirmation on August 5, 2022 from the City Solicitor that that the conditions identified in clauses a) and b) of paragraph 39 of the Interim Decision (as revised by the Second Interim Decision) have been satisfactorily addressed;
NOW THEREFORE
THE TRIBUNAL ORDERS that in accordance with section 9 of the Ontario Land Tribunal Act, 2021, and in accordance with subsections 17(50) (as applicable via subsection 22(11)) and 34(26) of the Planning Act and on the consent of the parties:
The Appeals filed by the Appellant in Case File Nos. OLT-22-003981 and OLT-22-003992 are allowed, in part;
The Tribunal hereby approves the Official Plan Amendment attached hereto as Attachment 1 to this Order;
The former City of North York Zoning By-law No. 7625, as amended is hereby amended as set out in the Zoning By-law Amendment attached hereto as Attachment 2 to this Order;
The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to the Official Plan Amendment and/or Zoning By-law Amendment for record keeping purposes; and
The Tribunal may be spoken to in the event that the Parties have any difficulty in implementing this Decision and Order.
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 Monday, August 8th, 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