ISSUE DATE:
EFFECTIVE DATE:
August 12, 2022
August 12, 2022
CASE NO.:
OLT-22-002222
(PL210016)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Montclair Developments LP
Subject:
Application to amend Zoning By-law - Refusal or neglect of the City of Toronto to make a decision
Purpose:
To permit a 21 storey and 23 storey residential tower connected by a 5-8 storey podium
Property Address:
63-91 Montclair Avenue
Municipality:
City of Toronto
Municipality File No.:
20 160786 STE 12 OZ
OLT Case No.:
OLT-22-002222
Legacy Case No.:
PL210016
OLT Lead Case No.:
OLT-22-002222
Legacy Lead Case No.:
PL210016
OLT Case Name:
Montclair Developments LP vs. Toronto (City)
BEFORE:
DAVID L. LANTHIER VICE-CHAIR
Friday, the 12^th^ day of August, 2022
THIS MATTER in respect of the lands at 63-91 Montclair Avenue in the City of Toronto, having come for a public hearing on April 12, 2022 before the Ontario Land Tribunal (the "Tribunal") and the Tribunal having issued a Decision and Interim Order on April 22, 2022 (the “Decision”) allowing the Applicant and Appellant’s appeal in part, and approving the amendments of the City of Toronto Zoning By-laws 569-2013 and 438-86, in principle, with the Final Order withheld pending the completion of the conditions set out in the Decision.
THE TRIBUNAL HAVING BEEN ADVISED by the parties on August 12, 2022 that the City Solicitor is content that the above-noted conditions have been fully satisfied inclusive of satisfactory arrangements for the execution and registration of a section 37 Agreement to the City’s satisfaction, and that the parties 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 Friday, the 12^th^ day of August, 2022;
AND THE TRIBUNAL BEING SATISFIED that the prior conditions to the Final Order 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 City Zoning By-laws 569-2013 and 438-86 through the revised instruments now submitted for final approval upon the joint request of the parties;
NOW THEREFORE
THE TRIBUNAL ORDERS that the Appeal is allowed in part and 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 "1" and that the former City of Toronto Zoning By-law 438-86, is amended in accordance with the Zoning By-law Amendment attached hereto as Attachment “2” 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 Friday, August 12, 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.
ATTACHMENT 1
Authority: Ontario Land Tribunal Decision issued on April 22, 2022 and Order effective on August 12, 2022 in Tribunal Case No. OLT-22-002222 (Formerly PL210016)
CITY OF TORONTO
BY-LAW NO. XXXX – 2022 (OLT)
To amend the City of Toronto Zoning By-law No. 569-2013, as amended, with respect to the lands known municipally known in the year 2021 as 63-91 Montclair Avenue.
Whereas the Ontario Land Tribunal Decision issued on April 22, 2022 and Order effective on August 12, 2022 in Tribunal Case No. OLT-22-002222 (Formerly PL210016) in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, deem it advisable to amend City of Toronto Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2021 as 63-91 Montclair Avenue; 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 39 of the Planning Act, as amended, the council of a municipality may, in a by-law passed under [Section 34](https://www.canlii.org/