Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 24, 2024
CASE NO(S).: OLT-22-002343 (Formerly PL140860)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Champagne Centre Ltd.
Appellant: Canadian Fuels Association
Subject: Proposed Official Plan Amendment No. 231
Municipality: City of Toronto
OLT Case No.: OLT-22-002343
Legacy Case No.: PL140860
OLT Lead Case No.: OLT-22-002343
Legacy Lead Case No.: PL140860
OLT Case Name: Champagne Centre Ltd. v. Toronto (City)
APPEARANCES:
Parties
Counsel
City of Toronto
C. McKeich
Champagne Centre Ltd.
S. Leisk
J. Evola
M. Brown (articling student)
Canadian Fuels Association
L. Dean
J. Bilas
AMENDING DECISION OF THE TRIBUNAL DELIVERED BY D.S. COLBOURNE
1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the Parties correct a technical or typographical error made in a decision or order, the Decision and Order issued on April 24, 2024, is hereby amended.
2By deleting paragraph [6] from the Decision and replacing it with the following:
6Mr. Goldberg outlined that the current application proposes to implement the settlement with the City pertaining to the appeal of Official Plan Amendment No. 231 (“OPA”). The SASP proposes to redesignate the Subject Site from Employment Areas to General Employment Areas. The SASP proposes to accept this redesignation, It proposes the following:
(a) To permanently embody in the Zoning by-law, the Minor Variances that were temporarily approved for a three-year period, by the TLAB, in its Decision and Order of July 22, 2021;
(b) To add on a site specific basis, the following uses to the General Employment Areas zone district applying to this site: Professional Medical office; Clinic: Pharmacy and buildings; structures and uses accessory to the foregoing;
(c) To remove specified current as of right uses from the by-law applying to this site to reinforce the General Employment Area focus of this particular site, as follows: Artist Studio, Car rental agency; car washing establishment; cinema; contractor’s establishment; custom workshop; gasoline station; Golf course; Hotel; motor vehicle body repair shop; motor vehicle dealership; pinball and video games arcade; Place of worship; public library; service shop; service station; theatre and transportation terminal; and,
(d) To lift the Holding provision imposed by Section 33(5) of Zoning By-law No. 7625 (“ZBL 7625”), subject to the provisions of the implementing ZBL.
2In all other respects, the Tribunal’s Decision and Order remains the same.
“D.S. Colbourne”
D.S. COLBOURNE
VICE-CHAIR
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.