CORRECTION NOTICE
OLT CASE NO(S).: OLT-21-001810 (Formerly PL190545)
DECISION ISSUE DATE(S): December 07, 2023
CORRECTION NOTICE ISSUE DATE: February 12, 2024
RE: Bara Group (Whitby) Inc. v. Whitby (Town)
Correction to: The parking ratio in the last sentence of paragraph [3] (page 3).
Originally:
Corrected to:
Ms. Skinner advised that a slight revision of the Applicant/Appellant’s Site Plan was being proposed to increase the density of the building from 92 units to approximately 115 to 120 units and that there would be a decrease in parking from a 1.75 ratio of parking spaces per total units to a 1.25.
Ms. Skinner advised that a slight revision of the Applicant/Appellant’s Site Plan was being proposed to increase the density of the building from 92 units to approximately 115 to 120 units and that there would be a decrease in parking from a 1.25 ratio of parking spaces per total units to a 1.15.
“Euken Lui”
EUKEN LUI 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.
ISSUE DATE:
December 07, 2023
CASE NO(S).:
OLT-21-001810
(Formerly PL190545)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant
Bara Group (Whitby) Inc.
Subject:
Application to amend Zoning By-law No. 2585 – Refusal of Application by Town of Whitby
Existing Zoning:
R2 – Residential Type 2
Proposed Zoning:
Site Specific
Purpose:
To permit the use of an 8-storey mixed use building with 92 apartment units and 282.7 square metres of commercial space on ground
Reference Number:
Z-31-18
Property Address:
1201+1207 Brock St. South & 1200+1202 Green St.
Municipality/UT:
Town of Whitby
OLT Case No:
OLT-21-001810
Legacy Case No:
PL190545
OLT Lead Case No:
OLT-21-001810
Legacy File No:
PL190545
OLT Case Name:
Bara Group (Whitby) Inc. v. Whitby (Town)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Referred by:
Bara Group (Whitby) Inc.
Subject:
Site Plan
Property Address:
1201+1207 Brock St. South & 1200+1202 Green St.
Municipality/UT:
Town of Whitby
OLT Case No:
OLT-21-001813
Legacy Case No:
PL190546
OLT Lead Case No:
OLT-21-001810
Legacy File No:
PL190545
Heard:
December 4, 2023 by Teleconference Call
APPEARANCES:
Parties
Counsel
Bara Group (Whitby) Inc. (“Applicant”)
Andrea Skinner Matthew Helfand (in absentia)
Town of Whitby (“Town”)
Andrew Biggart
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON DECEMBER 4, 2023 ON AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Teleconference Call is a result from two previous Case Management Conferences (“CMC”) in the matter of appeals by Bara Group (Whitby) Inc. (“Applicant/Appellant”) from the refusal of the Town of Whitby (“Town”) of an application to amend Zoning By-law No. 2585 (the “ZBA”) and to approve a Site Plan for the properties known municipally as 1201 and 1207 Brock Street South and 1200 and 1202 Green Street (“Subject Lands”).
2On March 7, 2022, the Tribunal considered the Minutes of Settlement between the Parties and noted in paragraph 36 of its decision;
“Accordingly, the Tribunal will allow the appeals in part and approve in principle the draft ZBA found in Exhibit 2B at Tab 2, and approve in principle the draft Site Plans and drawings found in Exhibit 2B at Tab 2, but will withhold its final order pending confirmation from the parties that the ZBA and the Site Plans and drawings are in a final form satisfactory to the parties.”
STATUS UPDATE AND NEXT STEPS
3Andrea Skinner, Counsel for the Applicant/Appellant, made submissions that the Town recently (summer of 2023) made revisions to the Town’s Official Plan (“OP”) 126 which lifted density caps, subject to the Regions approval which still required to pass it to become legally in effect. Ms. Skinner advised that a slight revision of the Applicant/Appellant’s Site Plan was being proposed to increase the density of the building from 92 units to approximately 115 to 120 units and that there would be a decrease in parking from a 1.25 ratio of parking spaces per total units to a 1.15.
4Ms. Skinner requested the Tribunal to approve the Final Order as set out in the previous CMC and if required the Applicant/ Appellant could request a minor variance to satisfy the ZBA.
5Ms. Skinner made one final submission on a condition of the Site Plan which involved the parkland dedication by-law payment and the timing of such payment.
[6