Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 07, 2021
CASE NO(S).:
PL210087
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
2457938 Ontario Inc
Subject:
Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation:
Mixed Use Area A
Proposed Designated:
Mixed Use Area B
Purpose:
To permit a 13-storey mixed-use building comprised of residential units and commercial space at grade
Property Address/Description:
3100-3200 Bloor St W & 4-8 Montgomery Road
Municipality:
City of Toronto
Approval Authority File No.:
20 151103 WET 03 OZ
LPAT Case No.:
PL210087
LPAT File No.:
PL210087
LPAT Case Name:
2457938 Ontario Inc 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:
2457938 Ontario Inc
Subject:
Application to amend Etobicoke Centre Zoning By-law 1088-2002/ City-wide Zoning By-law 569-2013 - Neglect of City of Toronto to make a decision
Existing Zoning:
Etobicoke Centre 1 (EC1)
Proposed Zoning:
Site Specific (To be determined)
Purpose:
To permit a 13-storey mixed-use building comprised of residential units and commercial space at grade
Property Address/Description:
3100-3200 Bloor St W & 4-8 Montgomery Road
Municipality:
City of Toronto
Municipality File No.:
20 151103 WET 03 OZ
LPAT Case No.:
PL210087
LPAT File No.:
PL210088
Heard:
May 28, 2021 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
2457938 Ontario Inc
Calvin Lantz and Jonathan Cheng
City of Toronto
Alexander Suriano
Thompson Orchard Community Association (TOCA)
Ingrid Van Weert*
DECISION DELIVERED BY SHARYN VINCENT AND ORDER OF THE TRIBUNAL
12457938 Ontario Inc. has brought appeals against the failure of the Council of the City of Toronto to make decisions with respect to applications to amend the Official Plan designation and zoning from Mixed Use Area A and Etobicoke Centre 1 (EC-1) to Mixed Use Area B and a Site Specific zoning respectively, in order to permit the redevelopment of lands known municipally as 3100-3200 Bloor Street West and 4-8 Montgomery Road. The redevelopment of the site of a former car dealership as proposed would support a “U” shaped mixed-use, stepped building culminating in 13 stories, comprised of residential units above grade related retail. The referral of a related site plan application is anticipated to be consolidated with these two appeals.
2Notice for the hearing event and the Affidavits of Service attesting to service were marked as Exhibit 1A and 1B.
3Party status was conferred to Thompson Orchard Community Association (“TOCA”) which is an Association representing approximately 330 households residing in the geographic area bounded by Bloor Street on the north, Royal York Road to the east and Mimico Creek to the west and south. TOCA has set out five principle concerns in the request for Party status including storm water management, impacts on surrounding green space, the height and massing of the proposal, traffic volumes and infiltration and pedestrian safety. The concerns had been discussed with Counsel for the Appellant and the City with neither objecting to the request. While it is acknowledged that there may be overlap with the yet to be crystalized Issues of the City which will be determined by Council on Thursday, July 15, 2021, TOCA never-the-less desires to maintain independent Party status rather than rely upon the City to advance its concerns, and after being fully apprised of, and acknowledging the responsibilities and obligations of Party status by the Tribunal, was conferred party status.
4Requests for participant status were received in accordance with the notice requirements from David Amato and Meaghan Payne, jointly representing 47 households generally residing on streets in the area to the north and east of the subject lands. The objections of the unincorporated group are broadly characterized as related to the size and massing of the proposal together with the proposed driveway/entrance on Montgomery Road, the flankage of this corner property. Participant status was conferred. It is noted by the Tribunal that Adrian Bulfon of 12 Montgomery Road is included as on of the 47 households despite his appearance and request for participant status which was not supported by the required written request prior to the hearing event in accordance with Tribunal protocol. Mr. Bulfon was advised that upon written submission of his request, the status request would be revisited. Subsequent to the hearing, Mr Bulfon withdrew his request for independent participant status, preferring to maintain his interest as on of the group of 47.
5Sunnylea Kingsway Community Association (“SKCA”) representing the area bounded on the west by Mimico Creek, north by Dundas Street West, on the east by the Humber River and on the north by Dundas Street West sought and was conferred participant status. SKCA identifies three areas of concern, citing height, massing and public safety and amenity within the public realm raising issue with pedestrian safety and comfort.
6Joseph Sunday submitted a request for participant status, absent of any reasons or concerns and has been requested by the Tribunal to elaborate his concerns in order that his request might be revisited.
7The prospect of the Parties entering into meaningful Tribunal lead mediation was favourably received by the Parties, discussed with respect to the protocol particularly as it would pertain to unincorporated interests and it was agreed that the matter would be fully explored and reported upon at a status Telephone Conference Call (“TCC”) scheduled for Tuesday, August 31, 2021 at 9 a.m. to finalize the Procedural Order and Issues list, and revisit the Party and Participant status, as necessary.
8Individual(s) are directed to call 416-212-8012or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874# to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
9Given the identified principal areas of concern, it was agreed that a ten day hearing on the merit would be required and was set to commence Monday, May 30, 2022 at 10 a.m. until Friday, June 10, 2022 unless scoped following either mediation or resolution of Issues following the execution of the Statement of Agreed Facts by the witnesses of like disciplines, or the exchange of Reply witness statements which the Tribunal directs to be completed no later than 65 days prior to the commencement of the hearing.
10A hearing plan is to be submitted to the Tribunal within two weeks of the exchange of the Reply statements.
11All of these monuments are to be established in the Procedural Order (“PO”), together with the deadline for Participants to submit their final statements for the consideration by the Parties and presiding Panel. The draft PO of is to be submitted to the Tribunal no later than Tuesday, August 24, 2021.
12Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
13Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
https://global.gotomeeting.com/join/837038365
Access code: 837-038-365
14Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 837-038-365.
15Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
16The Tribunal orders as follows:
- TOCA is conferred Party status.
2 Participant status is conferred as set out in the decision.
- A status TCC is scheduled for Tuesday, August 31, 2021 at 9 a.m. to finalize the PO and Issues List, and revisit any of the requests for participant status by Joseph Sunday and Adrian Bulfon.
4 A ten day hearing is scheduled to commence Monday, May 30, 2022 by video.
“Sharyn Vincent”
SHARYN VINCENT
ASSOCIATE CHAIR
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.