Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
November 15, 2023
CASE NO(S).:
OLT-22-002912
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Appellant(s):
Bayview Broadway Developments Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the development of a 25 storey, 288-unit development
Reference Number:
21 233980 NNY 15 OZ
Property Address:
1837-1845 Bayview Avenue
Municipality:
Toronto
OLT Case No.:
OLT-22-002912
OLT Lead Case No.:
OLT-22-002912
OLT Case Name:
Bayview Broadway Developments Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A, as amended.
Subject:
Site Plan Application
Description:
To permit the development of a 25 storey, 288-unit development
Reference Number:
21 233980 NNY 15 OZ
Property Address:
1837-1845 Bayview Avenue
Municipality:
Toronto
OLT Case No.:
OLT-22-002913
OLT Lead Case No.:
OLT-22-002912
OLT Case Name:
Bayview Broadway Developments Inc. v. Toronto (City)
Heard:
October 30, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Bayview Broadway Developments Inc.
Mark Flowers Liam Valgardson
City of Toronto
Michelle LaFortune Jessica Braun (in absentia)
Bayview Broadway Good Planning Inc.
Isaac Tang
MEMORANDUM OF ORAL DECISION DELIVERED BY S. Dixon and S. L. Dionne ON October 30, 2023, AND ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION
1This Decision and Order arises from appeals filed by Bayview Broadway Developments Inc. (“Appellant”) pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Planning Act”) and s. 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A, as amended (“Toronto Act”), concerning Zoning By-law Amendment (“ZBA”) and Site Plan Approval (“SPA”) applications (together, “Applications”) in the City of Toronto (“City”) for lands municipally known as 1837-1845 Bayview Avenue (“Subject Lands”).
2The Applications proposed to facilitate the development of a 25-storey mixed-use residential building with commercial uses on the ground floor, by rezoning the Subject Lands from “Residential (RD)” to “Commercial Residential (CR)” with a number of site-specific provisions related to setbacks, maximum density, building projections, and building height, among other things.
3The City did not make a decision on the Applications within the legislated statutory timeframes and the Appeals were filed on that basis.
SETTLEMENT
4The ZBA was revised following the cooperative efforts of the Parties and a settlement was reached regarding same (“Revised ZBA”) prior to the Hearing.
5At the Hearing, the Parties did not proffer evidence for the SPA and instead advised the Panel that the Parties are engaged in earnest and continuing discussions to resolve those matters for the Tribunal’s future consideration. The Panel took note of this and advised the Parties that no consideration of the SPA would be made as part of this Decision. Accordingly, the Appeal pursuant to s. 114(15) of the Toronto Act (“SPA Appeal”) remains outstanding. The Parties were instructed to contact the Tribunal’s Case Coordinator to schedule a subsequent hearing in relation to the SPA Appeal, if necessary.
6In support of the Revised ZBA, the Tribunal was in receipt of a sworn Affidavit from Michael Goldberg (retained by the Appellant), which was marked as Exhibit 1. Mr. Goldberg is the founding Principal of Goldberg Group, a Registered Professional Planner, and has been practicing land use planning for approximately 40 years. He has been qualified by the Tribunal to provide expert opinion evidence on matters pertaining to land use planning on numerous occasions and was so qualified again by this Panel.
7At the Hearing, Mr. Goldberg provided oral evidence with reference to Exhibit 1, including an overview of the site area and context, the revised development proposal facilitated by the Revised ZBA, his planning analysis, and his summary recommendations. Mr. Goldberg also provided the Tribunal with an overview of his consideration of the statements filed by numerous Participants to these proceedings.
SITE AND AREA CONTEXT
8The Subject Lands are located at the southeast corner of Bayview Avenue and Broadway Avenue, approximately 250 metres (“m”) north of Eglinton Avenue East. They are currently occupied by five single-detached dwellings, with a combined approximate site area of 0.2 hectares, a frontage of approximately 50.4 m on Bayview Avenue, and a frontage of approximately 39.2 m on Broadway Avenue.
9To the immediate north of the Subject Lands is a place of worship and daycare, beyond which are a series of single-detached dwellings and low-rise apartment buildings fronting Bayview Avenue. At the northwest corner of Bayview Avenue and Broadway Avenue is a large two-storey commercial building occupied by – among other things – a grocery store, bank, and pharmacy.
10A gas station is to the immediate west of the Subject Lands on the west side of Bayview Avenue. The gas station site is currently subject to a development application proposing a 34-storey mixed-use building.
11To the east of the Subject Lands are the rear yards of single-detached dwellings fronting onto Bessborough Drive that are part of a larger low-rise residential neighbourhood extending to the east and northeast.
12Immediately south of the Subject Lands is a five-storey residential apartment building, beyond which is a mix of retail, service, office commercial and residential uses in the form of low-rise, mid-rise, and taller buildings.
13Mr. Goldberg proffered that the Subject Lands are in close proximity to schools, community and recreation centres, parks, emergency services, places of worship, health and social services, and a full range of shopping opportunities.
14Mr. Goldberg further proffered that the Subject Lands are highly accessible and well-served by public transportation, being approximately 250 m from the Leaside Station of the Eglinton Crosstown Light Rail Transit corridor (“Crosstown LRT”) that is nearing completion at the intersection of Bayview Avenue and Eglinton Avenue East. The Crosstown LRT, he proffered, will connect with higher order transit across the City, including the Yonge Street Subway Line, three GO Transit Stations, and the larger network of surface bus routes, several of which stop in close proximity to the Subject Lands.
REVISED DEVELOPMENT PROPOSAL
15Mr. Goldberg proffered that the following important design revisions were made to the development proposal in response to the concerns raised by the Parties and Participants and were accepted as part of the Revised ZBA settlement offer adopted by City Council at its meeting on July 19 and 20, 2023:
a) The height of the building has been reduced from 25-storeys to 22-storeys;
b) The tower floor plate size has increased from 665 square metres (“m2”) to 734 m2;
c) The unit mix has been revised to increase the number of two- and three-bedroom units (82 and 38, respectively), accounting for a combined 47 per cent of the total units;
d) Projecting balconies have been removed from all but the east side of the building;
e) The ground floor includes a greater setback from Bayview Avenue;
f) Below grade parking levels have been adjusted to accommodate the preservation of two additional trees; and
g) 535 m2 of outdoor amenity space has been provided.
16The Tribunal was directed to a detailed set of plans and drawings (found at Page 83 of Exhibit 1) showing the revised development proposal facilitated by the Revised ZBA. A comparison of the initial and revised development proposals is outlined in the following table:
Table 1: Site and Building Statistics
Initial Proposal (November 2021)
Revised Proposal (October 2023)
Site Area
2,089 m2
No change
Residential Gross Floor Area
17,908 m2
17,095 m2
Non-Residential Gross Floor Area
256 m2
263 m2
Total Gross Floor Area
18,164 m2
17,358 m2
Floor Space Index
8.7
8.3
Dwelling Units
Studio
45 (16%)
2 (1%)
One-Bedroom
172 (60%)
137 (53%)
Two-Bedroom
43 (15%)
82 (32%)
Three-Bedroom
28 (10%)
38 (15%)
Total
288 Units (100%)
259 Units (100%)
Amenity Space
Indoor Amenity Space
595 m2
602 m2
Outdoor Amenity Space
598 m2
535 m2
Height
Building Height
25-storeys
22-storeys
Parking
No. of Vehicle Parking Spaces
91
46
No. of Bicycle Parking Spaces
306
306
17Mr. Goldberg proffered that the proposed development will employ a variety of setbacks, building step-backs, architectural details, building articulation and building materials to create a mixed-use building that is sensitive to and compatibly designed for its context. He further proffered that the proposal includes additional elements – including guardrails and planters on terraces and balconies – to mitigate potential privacy or overlook impacts on the adjacent low-density residential neighbourhood to the east and northeast of the Subject Lands.
PLANNING ANALYSIS
18In Mr. Goldberg’s opinion, the Revised ZBA has regard for the matters of provincial interest set out in s. 2 of the Planning Act, is consistent with the Provincial Policy Statement, 2020, conforms with the Growth Plan for the Greater Golden Horseshoe, 2019, as amended, conforms with the City Official Plan (“COP”) and Yonge Eglinton Secondary Plan (“YESP”), and has appropriate regard for various guideline documents of the City, including the Tall Building Design Guidelines and Growing Up Guidelines.
19In support of his opinion, Mr. Goldberg proffered that the Revised ZBA will:
a) Advance provincial policy directions by accommodating a compact, intensified, transit-supportive and pedestrian-oriented urban form at an appropriate location for growth and development within the City;
b) Achieve a more complete community by introducing a range of unit types to the neighbourhood, including large unit sizes suitable for families;
c) Provide for additional street-related retail and service commercial space, contributing to the economic viability and employment base of the area;
d) Efficiently use existing and planned infrastructure;
e) Reduce the length and number of vehicle trips and support current and future use of transit and active transportation in an area serviced by higher-order and frequent surface transit;
f) Require 20 per cent of vehicle spaces to be serviced for electric vehicles;
g) Provide for bicycle parking that exceeds the requirements of the Toronto Green Standard and Zoning By-law;
h) Provide for a sustainable, well-designed building and streetscape that is accessible and attractive, contributing to a vibrant sense of place with comfortable wind conditions and sufficient access to sunlight;
i) Provide appropriate tower separation distances from adjacent properties, ensuring adequate light, view, and privacy without adversely impacting the potential redevelopment of adjacent mixed-use sites;
j) Provide for an appropriate built form and transition to the adjacent low-rise residential neighbourhood;
k) Preserve existing trees and introduce new trees and landscaping;
l) Internalise and screen loading, servicing and waste storage areas to minimise their impact on adjacent properties and the public realm; and
m) Provide for indoor and outdoor amenity space in an amount exceeding the requirements of the Zoning By-law.
20Mr. Goldberg proffered that the Subject Lands are designated “Mixed Use Areas” in the COP and are further designated “Mixed Use Areas C” by the YESP, which anticipates growth for the Subject Lands with a height range of 20 to 35 storeys – much higher than what currently exists. As such, he opined, the Revised ZBA conforms with the COP.
21Notwithstanding the COP and YESP provisions for the Subject Lands, Mr. Goldberg advised the Tribunal that the existing zoning on the Subject Lands only recognises the existing single detached dwellings, with a maximum permitted height of 8.5 m and a permitted density of 0.6 times the area of the lot. Therefore, he proffered, an amendment to the Zoning By-law is required to facilitate the development of the Subject Lands as contemplated by the COP and YESP.
FINDINGS
22Based on the uncontroverted expert opinion evidence of Mr. Goldberg, the Tribunal finds that the Revised ZBA has regard to matters of provincial interest as set out in s. 2 of the Planning Act, satisfies all other required statutory tests, represents good planning, and is in the public interest. The Tribunal has had regard to the decision of the City to endorse the settlement presented to the Tribunal and is satisfied that the Participant Statements filed by those granted Participant Status to these proceedings were adequately addressed by Mr. Goldberg.
23As noted in Paragraph [5] of this Decision, the Parties are directed to contact the Tribunal’s Case Coordinator to schedule a subsequent hearing for the SPA Appeal, if necessary.
ORDER
24THE TRIBUNAL ORDERS that the appeal pursuant to s. 34(11) of the Planning Act is allowed in part and By-law No. 569-2013 of the City of Toronto is hereby amended as set out in Attachment 1 to this Order. The Tribunal authorises the municipal clerk for the City of Toronto to assign a number to this by-law for record keeping purposes.
“S. Dixon”
s. dixon
membeR
“S. L. Dionne”
s. L. dionNE
membeR
Ontario Land Tribunal
Website: www.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
Authority: Ontario Land Tribunal Decision and Order issued on November 15, 2023, and final approval on November 15, 2023, in Tribunal File OLT-22-002912
CITY OF TORONTO
BY-LAW No. XXXX-2023 (OLT)
To amend Zoning By-law No. 569-2013, as amended, with respect to the lands municipally known in the year 2022 as 1837-1845 Bayview Avenue
Whereas the Ontario Land Tribunal, by its Decision issued on October 30, 2023 and its Order issued on November 15, 2023, in respect of Tribunal File OLT-22-002912, upon hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c. P13, as amended, determined to amend Zoning By-law 569-2013, as amended, with respect to the lands municipally known in the year 2023 as 1837 – 1845 Bayview Avenue; and
Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the Planning Act, as amended, to pass this By-law; 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 of the Planning Act, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited in the by-law; and
The Ontario Land Tribunal Orders:
The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.
The words highlighted in bold type in this By-law have the same meaning provided in Zoning By-law No. 569-2013, Chapter 800 Definitions.
Zoning By-law No. 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.1 respecting the lands outlined by heavy black lines from RD (f12.0; a370; d0.6) to CR 2.0 (c1.0; r1.9) SS2 (X921) as shown on Diagram 2 attached to this By-law.
Zoning By-law No. 569-2013, as amended, is further amended by adding to Article 900.11.10 Exception Number 921 so that it reads:
Exception CR 921
The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections.
Site Specific Provisions:
(A) On lands municipally known as 1837-1845 Bayview Avenue, if the requirements of By-law [Clerks to insert By-law ##] are complied with, a building, structure, addition or enlargement may be constructed, used or enlarged in compliance with regulations (B) to (V) below;
(B) Despite Regulation 40.10.40.1(1), residential uses may be located on the same storey as non-residential uses provided no dwelling units are on the first floor;
(C) Despite Regulation 40.10.40.50(1)(B), a minimum of 535.0 square metres of outdoor amenity space must be provided on the lot, of which a minimum of 40.0 square metres of the required outdoor amenity space must be in a location adjoining or directly accessible to the indoor amenity space;
(D) Despite Regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures on the lot must not exceed 17,800 square metres, of which;
(i) the permitted maximum gross floor area for residential uses is 17,540 square metres for residential uses; and
(ii) the required minimum gross floor area for non-residential uses is 260 square metres;
(E) In addition to the areas which reduce gross floor area listed in regulation 40.5.40.40(3), the gross floor area is also reduced by the area in the building used for indoor amenity space not required by this By-law;
(F) Despite Regulation 40.10.40.10(2), the permitted maximum height of a building or structure is the number in metres following the letters “HT” as shown on Diagram 3 of By-law ### [NTD: City Clerk to provide By-law ##];
(G) Despite (F) above and Regulations 40.5.40.10(3) to (8), the following building elements, structures and projections are permitted to exceed the maximum heights as delineated by the letter “HT” as shown on Diagram 3, of By-law ### [NTD: City Clerk to provide By-law #]:
(i) architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 2.0 metres;
(ii) building maintenance units and window washing equipment, by a maximum of 6.0 metres;
(iii) planters, landscaping features, lighting fixtures, guard rails, and divider screens on a balcony or terrace permitted in (I) below and Diagram 4 of By-law [#], by a maximum of 3.0 metres;
(iv) mechanical equipment that includes a chimney stack or other heating, cooling or ventilating equipment, roof access, chimneys, flues, vents, access hatches, elevator overrun, air shafts, insulation, and roof surface materials, pipes, antennae and other communication equipment, flagpoles and satellite dishes, by a maximum of 3.0 metres;
(v) trellises, pergolas, ornamental elements, awnings, bollards, fences, guardrails, parapets, railings, retaining walls, privacy screens, wind mitigation panels, and unenclosed elements or structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres; and
(vi) Notwithstanding (G)(iv) above, the total area of building elements, structures, and projections listed in (iv) above, may cover no more than 30% of the area of the roof, measured horizontally;
(H) Despite Clauses 40.10.40.70 and 40.10.40.80, the required minimum building setbacks are as shown in metres on Diagram 3 of By-law ### [NTD: City Clerk to provide By-law #], except that:
(i) on the 7th and 8th storeys, the required minimum building setback is 3.0 metres from the lot line abutting Bayview Avenue, and 1.5 metres from the lot line abutting Broadway Avenue; and
(ii) on the 9th storey, the required minimum building setback is 5.0 metres from the lot line abutting Bayview Avenue and Broadway Avenue, and 12.0 metres from the south lot line;
(I) Despite (H) above and Clause 40.10.40.60, the following elements may encroach into the required building setbacks and main wall separation distances as follows:
(i) balconies by a maximum of 1.5 metres provided they are in the areas as shown on Diagram 4 of By-law ### [NTD: City Clerk to provide By-law ##];
(ii) canopies and awnings, by a maximum of 1.5 metres, except as shown in Diagram 3 of By-law [#];
(iii) exterior stairs, exterior elevator from parking or bicycle elevator, access ramps such as wheelchair ramps, underground garage ramps and their associated structures, and elevating devices, by a maximum of 3.0 metres;
(iv) architectural features, such as a pilaster, decorative column, cornice, sill, belt course, or chimney breast, by a maximum of 1.5 metres;
(v) structural columns and pillars, by a maximum of 4.0 metres;
(vi) eaves, by a maximum of 1.0 metres;
(vii) air conditioners, satellite dishes, antennae, vents, and pipes, by a maximum of 1.0 metres; and
(viii) lighting fixtures, bicycle parking areas, retaining walls, fences and safety railings, planters, privacy planters, wind mitigation panels, bollards, landscape and public art features, by a maximum of 3.0 metres;
(J) Despite Regulations 40.10.50.10(1) and (3), a 1.5 metres wide strip of land used only for soft landscaping is required only along the east lot line.
(K) Despite Clause 200.5.10.1 and Table 200.5.10.1, parking spaces must be provided and maintained in accordance with the following requirements:
(i) A minimum of 0.1 parking spaces for each dwelling unit for residential occupants;
(ii) A maximum of 0.24 parking spaces for each dwelling unit for residential occupants;
(iii) A minimum of 0.06 parking spaces for each dwelling unit for residential visitors and non-residential uses;
(iv) A minimum of 2 “car-share parking spaces”;
(v) A maximum of 4 “car-share parking spaces”;
(vi) “Car-share parking spaces” may be used to satisfy the requirement for any parking spaces required by this exception, subject to the following:
a. a reduction of 4 residential occupant parking spaces will be permitted for each “car-share parking space”;
b. for the purpose of this exception, “car-share” means the practice whereby a number of people share the use of one or more motor vehicles and such car-share motor vehicles are made available to at least the occupants of the building for short-term rental, including hourly rental; and
c. for the purpose of this exception, “car-share parking space” means a parking space exclusively reserved and signed for a vehicle used only for “car-share” purposes.
(L) Despite Regulation 200.15.1(4), the nearest point of an accessible parking space must be located no more than 22.5 metres, unobstructed by walls or columns, from the nearest door of a vestibule or lobby which leads to a barrier-free elevator that provides access to the first storey of the building;
(M) Despite Regulation 200.5.1.10(14), a minimum of 20% of residential parking spaces required in (K) above must be equipped with an energized outlet, which is clearly marked and identified for electric vehicle charging.
(N) Despite Clause 220.5.10.1, a minimum of one Type “G” loading space must be provided on the lot;
(O) Despite Regulations 230.5.10.1(1) and (5) and Table 230.5.10.1(1), bicycle parking space requirements for dwelling units in an apartment building or a mixed use building, are:
(i) a minimum of 0.9 “long-term” bicycle parking spaces for each dwelling unit; and
(ii) a minimum of 0.1 “short-term” bicycle parking spaces for each dwelling unit;
(P) Despite Regulation 230.5.1.10(4), bicycle parking spaces must be provided and maintained in accordance with the following:
(i) If a stacked bicycle parking space is provided in a mechanical device where any portion of a bicycle is situated above or below any portion of an adjacent bicycle, the minimum dimensions of each stacked bicycle parking space is:
a. minimum width of 0.35 metres,
b. minimum length of 2.0 m; and
c. minimum vertical clearance of 1.3 metres;
(ii) a bicycle parking space that is not a stacked bicycle parking space shall have the following dimensions:
a. a minimum length of 1.8 metres,
b. a minimum width of 0.45 metres, and
c. a minimum vertical clearance of 1.9 metres
(Q) Despite Regulations 230.5.1.10(9) and (10), bicycle parking spaces must be provided and maintained in accordance with the following:
(i) a “long-term” bicycle parking space may be provided in a stacked bicycle parking space arrangement, in any combination of vertical, horizontal, or stacked positions;
(ii) a “long-term” bicycle parking space may be located in a secured room or enclosure or area on any level of the building below-ground, or first storey or second storey of the building;
(iii) a “short-term” bicycle parking space may be provided in a stacked bicycle parking space arrangement, in any combination of vertical, horizontal, or stacked positions; and
(iv) a “short-term” bicycle parking space may be located outdoors or indoors, including with a secured room or enclosure, or combination thereof and may be provided on any level of the building below-ground, or first storey or second storey of the building;
(R) Non-residential uses must have a pedestrian entrance at the first floor, that faces the lot line that abuts Bayview Avenue located no closer than 5.0 metres from another pedestrian entrance on the same lot:
(S) The required minimum depths of non-residential uses on the first floor are as follows:
(i) 7.5 metres from the front wall facing the lot line that abuts Bayview Avenue;
(ii) 16 metres from the front wall facing the lot line that abuts Bayview Avenue for a building portion on the first floor that is a minimum 5.5 metres wide; and
(iii) the required minimum depths required in (S)(i) and (ii) above are to be measured along a plane perpendicular to and starting from, the exterior of the front walls that faces the lot line that abuts Bayview Avenue;
(T) Despite Regulations 40.5.40.10(1) and 40.5.40.10(2), the height of a building or structure is the distance between the Canadian Geodetic Datum elevation of 155.84 metres and the highest point of the building or structure;
(U) The provision of dwelling units is subject to the following:
(i) A minimum of 15 percent of the total number of dwelling units must have two bedrooms;
(ii) A minimum of 10 percent of the total number of dwelling units must have three or more bedrooms;
(iii) A minimum of an additional 15 percent of the total number of dwelling units must have a combination of two and three bedroom dwelling units, or dwelling units that can be converted into any combination of two and three bedroom dwelling units; and
(iv) If the calculation of the number of required dwelling units with two or three bedrooms results in a number with a fraction, the number shall be rounded up to the nearest whole number;
(V) For the purposes of this exception, a mezzanine and mechanical penthouse are not considered a storey.
Prevailing By-laws and Prevailing Sections: (None apply)
None of the provisions of Zoning By-law 569-2013, as amended, or this By-law apply to prevent the erection and use of a “Construction Office/Sales Office” on the lands identified on Diagram 1 of this By-law where a “Construction Office/Sales Office” means buildings, structures, facilities or trailers, or portions thereof, used for the purpose of the administration and management of construction activity and/or for selling or leasing dwelling units and/or non-residential gross floor area on the lands to which this By-law applies; for a period of 3 years from the date this By-law comes into full force and effect, after which this temporary use permission expires.
Despite any existing or future conveyance, severance, partition, or division of the lot, the provisions of this By-law shall apply to the whole of the lot as if no severance, partition or division occurred.
Ontario Land Tribunal Decision and Order issued on November 15, 2023 and final approval on November 15, 2023, in Tribunal File OLT-22-002912