Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
February 28, 2025
CASE NO.:
OLT-24-000700
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Calmco Inc.
Appellant:
Dunpar Development Inc.,
Subject:
Proposed Official Plan Amendment No. 720
Description:
Modifications to complete application requirements in Schedule 3 of Official Plan and new requirement in Section 3.1.6 of the Official Plan
Reference Number:
24 115886 STE 10 OZ
Property Address/Description:
City of Toronto (City-wide)
Municipality:
Toronto/Toronto
OLT Case No.:
OLT-24-000700
LPAT File No.:
OLT-24-000700
LPAT Case Name:
Calmco Inc., et al v. Toronto (City)
BEFORE:
C. HARDY
Thursday, the 27th
VICE-CHAIR
day of February, 2025
ORDER
WHEREAS Toronto City Council adopted Amendment 720 to the Official Plan for the City of Toronto through By-law 500-2024 (“OPA 720”) respecting complete application requirements on a City-wide basis in Schedule 3 and Section 3.1.6 of the Official Plan;
WHEREAS authority is given to Council under subsections 22(5), 34(10.2), 51(18), 53(3) of the Planning Act, R.S.O. 1990, c. P.13 and subsection 114(4.3) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A., to require an applicant to provide any information or material that the City considers it may need, with respect to Official Plan Amendment, Zoning By-law Amendment, Plan of Subdivision, Plan of Condominium, Consent to Sever and Site Plan Control applications, if the Official Plan contains provisions relating to such requirements;
WHEREAS the City Clerk for the City of Toronto issued a notice of adoption in respect of OPA 720 on May 29, 2024, with a last date of appeals pursuant to subsection 17(24) of the Planning Act being June 18, 2024 (the “Notice”);
WHEREAS THE TRIBUNAL received two (2) appeals of OPA 720 in response to the Notice being an appeal by Calmco Inc., and Dunpar Development Inc. (the “Appellants”);
ON THE BASIS THAT THE CITY AND THE APPELLANTS HAVE ADVISED THE TRIBUNAL of a resolution of the above-noted appeals in their entirety, the Tribunal disposes of the above noted appeals of OPA 720, without modification, in accordance with the Tribunal Orders below;
THE TRIBUNAL ORDERS THAT:
All of Official Plan Amendment No. 720 to the City of Toronto Official Plan ("OPA 720") adopted through City of Toronto By-law 500-2024, by operation of subsection 17(27) of the Planning Act, has come into effect on June 19, 2024, except as those parts as appealed on a site specific basis and adjourned in accordance with Order 2 and Order 4 below.
The following appeal of OPA 720 is adjourned sine die on a site specific basis as set out below and subject to Order 3:
Appellant
Parts of OPA 720 Under Appeal
Municipal Address
Calmco Inc.,
Paragraphs 1, 2 and 3 of OPA 720 pertaining to the “Cultural Heritage Evaluation Report”: (1) New Policy 22 in Section 3.1.6; (2) new sidebar non-policy text; and (3) Schedule 3, Application Requirement in the Official Plan
148 – 162 Soudan Avenue
Pursuant to subsections 17(30) and (30.1) of the Planning Act, the appeal made by Calmco Inc., that is subject of Order 2 above, is deemed withdrawn on the day after an application for an Official Plan Amendment (if required) and Zoning By-law Amendment for the property municipally known as 148-162 Soudan Avenue is deemed complete pursuant to subsection 22(6.1) and 34(10.4) of the Planning Act.
The following appeal of OPA 720 is adjourned sine die on a site specific basis as set out below and subject to Order 5:
Appellant
Parts of OPA 720 Under Appeal
Municipal Address
Dunpar Development Inc.,
Paragraph 21 of OPA 720 pertaining to the Schedule 3, Application Requirement in the Official Plan for a “Servicing Report”;
Paragraph 22 of OPA 720 pertaining to a Schedule 3, Application Requirement in the Official Plan for a “Stormwater Management Report”
4174 Dundas Street West
Dunpar Development Inc.,
Paragraph 21 of OPA 720 pertaining to the Schedule 3, Application Requirement in the Official Plan for a “Servicing Report”;
Paragraph 22 of OPA 720 pertaining to a Schedule 3, Application Requirement in the Official Plan for a “Stormwater Management Report”
4195 Dundas Street West
Pursuant to subsections 17(30) and (30.1) of the Planning Act, each part of the appeal made by Dunpar Development Inc., that is subject of Order 4 above, is deemed withdrawn on the earlier of, the day after an application for Site Plan Control Approval for each property municipally known as 4174 Dundas Street West and 4195 Dundas Street West, respectively, is deemed complete pursuant to subsection 114(4.5) of the City of Toronto Act, 2006 or three (3) years from the date of this Order. For purposes of these two properties and this appeal, the City and Appellant acknowledge that the ‘Servicing Report’ and ‘Stormwater Management Report’ may be combined in one report as a ‘Functional Servicing and Stormwater Management Report’ based on the City’s former Terms of Reference that pre-date January 2, 2025 and based on good engineering practice.
For record keeping purposes, the City and/or the Appellant shall advise the Tribunal promptly when such determination for completeness has occurred for each respective property. In the event that such determination for completeness has not occurred within one (1) year of issuance of this Order, the City and/or the Appellant shall provide the Tribunal with a written status update.
“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.