Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 16, 2024
CASE NO.: OLT-22-002343
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant: Satin Finish Hardwood Flooring Ontario Ltd. Subject: Site-specific appeal of Official Plan Amendment No. 231 13 277919 WET 11 OZ Municipality: City of Toronto Municipal File No.: 13 277919 WET 11 OZ Property Address: 8 Oak Street OLT Legacy Case No.: PL140860 OLT Lead Case No.: OLT-22-002343 OLT Case Name: A. Mantella & Sons Ltd. v Toronto (City)
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Satin Finish Hardwood Flooring Ontario Limited Subject: Failure of City of Toronto to announce a decision respecting Proposed Official Plan Amendment No. 13 277919 WET 11 OZ Municipality: City of Toronto Legacy Case No.: PL160109 OLT Case No.: OLT-22-002936 OLT File No.: PL160109 OLT Case Name: Satin Finish Hardwood Flooring Ontario Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Satin Finish Hardwood Flooring Ontario Ltd. Subject: Application to amend Zoning By-law 1-83 and 7625 – Refusal or neglect to make a decision Description: To permit the development of 99 three-storey townhouse units on 18 blocks with a private street network Municipality: City of Toronto Municipal File No.: 13 277919 WET 11 OZ Property Address: 8 Oak Street Legacy Case No.: PL160110 OLT Lead Case No.: OLT-22-002936 OLT Case Name: A. Mantella & Sons Ltd. v Toronto (City)
BEFORE: S. TOUSAW, VICE-CHAIR DATE: Tuesday, the 16th of July, 2024
Order
WHEREAS Satin Finish Hardwood Flooring Ontario Ltd. appealed the City of Toronto (“City”) Official Plan Amendment 231 and appealed the City’s absence of decisions on applications for Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”), all pertaining to 8 Oak Street, Toronto;
AND WHEREAS following a lengthy hearing in 2021, the Tribunal issued a Decision and Interim Order on December 7, 2021 allowing the appeals in part, with its Final Order withheld pending confirmation in writing from the Parties of certain pre-requisite matters;
THE TRIBUNAL FINDS that the Parties’ settlement on the OPA and ZBA respond to the directions in the Interim Decision and satisfy all applicable requirements of the Planning Act; and
THE TRIBUNAL ORDERS that:
The Appeals are allowed, in part;
The Appellant’s requested conversion of its employment lands to non-employment uses is permitted in accordance with the balance of this Order;
The City of Toronto Official Plan, as amended, is hereby amended in the matter set out in Attachment “1” to this Order and Official Plan Amendment No. 231 is modified and approved in accordance with this Order and the modifications are in full force and effect for the lands municipally known as 8 Oak Street;
Appeal No. 157 to OPA 231 is resolved in its entirety;
The City of Toronto Zoning By-law 569-2013, as amended, is hereby amended in the manner set out in Attachment “2” to this Order;
The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to these by-laws for record keeping purposes;
This Order is without prejudice to the disposition of the unapproved portions of OPA 231, including but not limited to positions taken by the parties to any remaining site or area specific appeals. Thus, the Tribunal may render future Orders respecting such unapproved portions of OPA 231 which are inconsistent with one or more aspects of this Order, including without limitation approving site-specific modifications that deviate from or are inconsistent with this Order or such policies, non-policy text, that are approved on a City-wide basis (or as approved in respect of other lands which are subject to the same policies, schedules and associated text). However, this does not affect the City’s right to assert that the approved policies and non-policy text should be applied to the specific sites or areas without modification on the basis that they constitute good planning;
Notwithstanding anything ordered above, the Tribunal hereby retains jurisdiction to consider and approve modifications to any policies, non-policy text, definitions, mapping approved herein as may be appropriate to dispose of any of the outstanding appeals before the Tribunal, in accordance with section 9 of the Ontario Land Tribunal Act, 2021, S.O. 2021, c.4, Sched.6; and
That the Tribunal may be spoken to in the event some matter should arise 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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.