Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 19, 2024
CASE NO.: OLT-22-002465 (formerly PL130592)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellants: Multiple Appellants
Subject: By-law No. 569-2013
Municipality: City of Toronto
OLT Case No.: OLT-22-002465
Legacy Case No.: PL130592
OLT Lead Case No.: OLT-22-002465
Legacy Lead Case No.: PL130592
OLT Case Name: Bahardoust v. Toronto (City)
BEFORE:
S. deBOER MEMBER
Friday, the 19th day of April, 2024
THIS MATTER involving the appeal by the Appellant “The Conservatory Group” under subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, with respect to the City of Toronto’s approval of the Comprehensive Zoning By-law 569-2013 on May 9, 2013; and
THE TRIBUNAL having been advised by the City of Toronto on August 23, 2023, that a full uncontested settlement had been reached between the City of Toronto and the Appellant specifically concerning the various regulations in Chapter 15 (Residential Apartment Zone Category), Chapter 30 (Commercial Zone Category), Chapter 40 (Commercial Residential Zone Category) and Chapter 50 (Commercial Residential Employment Zone Category), as well as Regulation 40.10.20.40;
AND THE TRIBUNAL having received motion materials from the City for the settlement, on consent of the Parties, including the uncontested opinion evidence of Caroline Samuel, RPP, and the exhibits attached thereto, and having qualified Caroline Samuel to give expert opinion evidence in the area of land use planning;
AND THE TRIBUNAL having accepted the uncontested opinion evidence of Caroline Samuel, the Tribunal finds that the proposed amendments to Zoning By-Law 569-2013 have regard to those matters of provincial interest as found in section 2 of the Planning Act; are consistent with the Provincial Policy Statement, 2020; conform to the Growth Plan for the Greater Golden Horseshoe; conform to the City of Toronto’s Official Plan; reflect principles of good land use planning and are in the public interest to approve;
NOW THEREFORE:
THE TRIBUNAL ORDERS that the appeal by The Conservatory Group against Zoning By-Law 569-2013 of the City of Toronto, specifically the various regulations in Chapters 15 (Residential Apartment Zone Category) and 30 (Commercial Zone Category), as well as Regulation 40.10.20.40, is allowed in part, and the Tribunal directs the City of Toronto to amend Zoning By-law 569-2013 as set out in Attachment “1” to this Order;
AND THE TRIBUNAL FURTHER ORDERS that the appeal by The Conservatory Group against Zoning By-Law 569-2013 of the City of Toronto, specifically the various regulations in Chapters 40 (Commercial Residential Zone Category) and 50 (Commercial Residential Employment Zone Category), is allowed in part, and the Tribunal directs the City of Toronto to amend Zoning By-law 569-2013 as set out in Attachment “2” to this Order.
“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”