Ontario Land Tribunal / Tribunal ontarien de l'aménagement du territoire

ISSUE DATE: January 24, 2024

CASE NO(S).: OLT-21-001800 (Formerly PL210291)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant/Appellant: Gairloch Developments and 3200 Dundas Dev LP

Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision

Existing Zoning: Commercial Residential (CR 2.5 (c1.0; r2.0) SS2)

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit a mixed-use building consisting of residential units and ground floor retail space

Property Address: 3194-3206 Dundas Street West

Municipality: City of Toronto

Municipality File Nos.: 20 123671 STE 04 OZ

OLT Case No.: OLT-21-001800

Legacy Case No.: PL210291

OLT Lead Case No.: OLT-21-001800

Legacy Lead Case No.: PL210291

OLT Case Name: Gairloch Developments and 3200 Dundas Dev LP v. Toronto (City)

BEFORE: M.A. SILLS, VICE-CHAIR Tuesday, the 24th day of January, 2024

THIS MATTER, in respect of the lands in the City of Toronto at 3194-3206 Dundas Street West (the "Subject Property"), having been heard at a public hearing on March 21-23, 2022, and the Ontario Land Tribunal (the "Tribunal") having issued its Decision and Interim Order on April 14, 2023 (the "Decision") allowing the appeal under subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, in part, and approving the proposed zoning by-law amendment in principle;

AND THE TRIBUNAL having withheld its final order, pending the satisfaction of conditions, including the receipt of the final form of the zoning by-law amendment in respect of the Subject Property;

AND THE TRIBUNAL now having received confirmation from the Appellant and the City of Toronto of the fulfillment of the conditions of approval, including confirmation of the final form of the zoning by-law amendment, satisfactory to the City of Toronto, attached hereto as Schedule "A";

THEREFORE THE TRIBUNAL ORDERS that Zoning By-law No. 569-2013 of the City of Toronto, as amended, is hereby amended in the manner set out in Schedule "A" to this Order;

AND PURSUANT TO RULE 24.3 OF THE TRIBUNAL'S RULES this Order is effective on January 23, 2024;

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 may be spoken to in the event any matter arises in connection with the implementation of 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.

Schedule "A"