Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 3, 2024 CASE NO(S).: OLT-22-004540
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Churchill Beecroft Developments 1 Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of 44 three-storey townhouses.
Reference Number: 21 235582 NNY 18 OZ
Property Address: 68, 70, 72, 74, 76 and 78 Churchill Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-004540
OLT Lead Case No: OLT-22-004540
OLT Case Name: Churchill Beecroft Developments 1 Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A.
Applicant/Appellant: Churchill Beecroft Developments 1 Inc.
Subject: Site Plan
Description: To permit the construction of 44 three-storey townhouses.
Reference Number: 21 235584 NNY 18 SA
Property Address: 68, 70, 72, 74, 76 and 78 Churchill Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-004541
OLT Lead Case No: OLT-22-004540
BEFORE:
BITA M. RAJAEE ) Wednesday, the 3rd day of MEMBER ) ) July, 2024
THIS MATTER having come before the Tribunal for a public hearing on April 11, 2023 and the Tribunal, in its Decision and Interim Order issued on June 16, 2023 (the “Interim Order”), having ordered that the Zoning By-law Amendment to the former City of North York Zoning By-law 7625 and the Zoning By-law Amendment to the City of Toronto’s Harmonized By-law 569-2013 (“Toronto ZBL”) are approved in principle;
AND THE TRIBUNAL having withheld its final approval of the Zoning By-law Amendments pending (a) that the proposed Zoning By-law Amendments are in a final form; (b) the Applicant has resubmitted the Functional Servicing and Stormwater Management Report and Hydrogeological Report; and (c) the Applicant has entered into an agreement or agreements or otherwise secured the design, construction, and the provision of financial securities for any required upgrades or improvements to the existing municipal infrastructure;
AND THE TRIBUNAL now having received confirmation from the Applicant and the City of Toronto of the fulfillment of the conditions of the Interim Order, including confirmation of the final form of the Zoning By-law Amendment, satisfactory to the City of Toronto, attached hereto as Schedule "A" to this Order, and confirmation that an amendment to the former City of North York Zoning By-law 7625 is not required in light of the fact that all of the relevant zoning provisions in the new Toronto ZBL are now in force and effect, and thereby only an amendment to the Toronto ZBL is required for zoning compliance purposes;
AND THE TRIBUNAL receiving confirmation from the Parties that the Site Plan Appeal, which is Tribunal File OLT-22-004541, is to continue to remain in abeyance;
THE TRIBUNAL ORDERS that the Appeal is allowed in part, and that the Zoning By-law Amendment attached to this Order as Schedule "A" is approved.
“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.
SCHEDULE “A”
Authority: Ontario Land Tribunal, Decision dated June 18, 2024 in Case No. OLT-22-005450
CITY OF TORONTO
BY-LAW No. XXXX- 2024
To amend Zoning By-law No. 569-2013, as amended, with respect to the lands municipally known in the year 2023 as 68, 70, 72, 74, 76 and 78 Churchill Avenue.
Whereas the Ontario Land Tribunal, by its Decision issued on June 16, 2023 and Order issued on [date] in respect of Tribunal Case No. OLT-22-005450, upon hearing an appeal under Section 34 (11) of the Planning Act, R.S.O. 1990, c P13, as amended, determined to amend City of Toronto Zoning By-law 569-2013, as amended, with respect to lands municipally known in the year 2023 as 68, 70, 72, 74, 76 and 78 Churchill Avenue; and
Whereas the Ontario Land Tribunal has the authority pursuant to Section 34 of the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p