Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
November 15, 2021
CASE NO(S).:
PL210317
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
950 King Street West Holdings Inc.
Subject:
Application to amend Zoning By-law No. 438-86 – Refusal or neglect of City of Toronto to make a decision
Existing Zoning:
CR T2.5 C2.0 R2.5
Proposed Zoning:
Site Specific (To be determined)
Purpose:
To permit a 14-storey mixed use building
Property Address/Description:
938-950 King Street West and 95-99 Strachan Avenue
Municipality:
City of Toronto
Municipality File No.:
18 153602 STE 19 OZ
OLT Case No.:
PL210317
OLT File No.:
PL210317
OLT Case Name:
950 King Street West Holdings Inc. v. Toronto (City)
Heard:
August 12, 2021 by video hearing (“VH”)
APPEARANCES:
Parties
Counsel
City of Toronto
Daniel Elmadany and Gabriella Dedelli
950 King Street West Holdings Inc.
Laura Deans
1173044 Ontario Limited
Michael Foderick
King West Co. (736921 Ontario Ltd.)
Russell Cheeseman
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON NOVEMBER 5, 2021 AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) in this matter and was held by video hearing (“VH”) by the Ontario Land Tribunal (“Tribunal” or “OLT”) on November 5, 2021. The first CMC was held on August 12, 2021.
2This appeal involves certain zoning by-law amendments to City of Toronto (“City”) By-law No. 438-86 (“ZBA”) sought by 950 King Street West Holdings Inc. (“Appellant”) and conditionally granted by the City Council to permit a mixed use development including a 14-storey residential tower at the site comprising 938-950 King Street West and 95-99 Strachan Avenue in the City (“Development”).
3The Parties are the City and the Appellant, who appeals the failure of the City to make a timely decision to grant its unconditional approval of the ZBA and the proposed Development.
4The two issues dealt with at the second CMC were:
(a) A request by Daniel Colling to ‘convert’ his Party status to that of Participant; and
(b) Certain matters concerning a draft Procedural Order (“PO”).
5Daniel Colling is an individual residing in the neighbourhood close to the proposed Development and sought Party status at the first CMC. There were no objections to his request to now be a Participant only made by the current Parties which are the City, the Appellant, 1173044 Ontario Limited and King West Co. The Tribunal granted Mr. Colling’s request for Participant status and noted that he had already filed his request with the Tribunal prior to this second CMC.
6The Tribunal has already scheduled a ten-day hearing, which will be held on July 18-29, 2022. The PO is in close to final form with only a few matters requiring revision. The Parties agreed to file an agreed version of the PO within 7 days of this second CMC or, failing that, a version that clearly delineates any remaining areas of disagreement.
7Subsequent to the second CMC, the Parties filed an agreed PO which is appended hereto as Attachment 1.
ORDER
8Daniel Colling is granted Participant status in this matter.
9The hearing of this proceeding shall be governed by the Procedural Order now made Attachment 1 hereto.
“William R. Middleton”
William R. Middleton
MEMBER
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.