Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 02, 2021
CASE NO(S).: PL210165
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Queen and Brock Holdings Inc.
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation: Mixed Use Areas and Neighbourhoods
Proposed Designated: Mixed Use Areas and Neighbourhoods
Purpose: To permit a 9-storey mixed use building
Property Address/Description: 1354-1360 Queen Street West and 8-14 Brock Avenue
Municipality: City of Toronto
Approval Authority File No.: 20 200379 STE 04 OZ
OLT Case No.: PL210165
OLT File No.: PL210165
OLT Case Name: Queen and Brock Holdings 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: Queen and Brock 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: MCR T2.5 C1.0 R2.0 and R4 Z1.0
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 9-storey mixed use building
Property Address/Description: 1354-1360 Queen Street West and 8-14 Brock Avenue
Municipality: City of Toronto
Municipality File No.: 20 200379 STE 04 OZ
OLT Case No.: PL210165
OLT File No.: PL210166
Heard: June 29, 2021 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Queen and Brock Holdings Inc. | E. Costello |
| City of Toronto | M. Longo |
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON JUNE 29, 2021 AND ORDER OF THE TRIBUNAL
1Queen and Brock Holdings Inc. (“Appellant”) appealed the failure of the City of Toronto (“City”) to adopt an Official Plan Amendment proposed by the Appellant and to make a decision with respect to the Appellant’s application for a zoning by-law amendment regarding the properties located at 1354-1360 Queen Street West and 8-15 Brock Street (“subject properties”).
2On June 29, 2021, the Tribunal held a Case Management Conference (“CMC”) at which it addressed requests for Participant status, the identification of issues, opportunities for settlement discussions, and the scheduling of a further CMC.
3At the CMC, the Tribunal addressed requests for Participant status from:
a. West Side Community Council;
b. Sunnyside Historical Society/Parkdale Village Historical Society; and
c. David Bragg and Sarah Dougall.
The West Side Community Council expressed concerns regarding the height, massing and density of the proposed development and the Sunnyside Historical Society/ Parkdale Village Historical Society expressed concerns regarding the proposed demolition of buildings on the subject properties and the need for their protection. Mr. Bragg and Ms. Dougall expressed support for the proposed Official Plan and Zoning By-law Amendments and the redevelopment of the subject properties. None of the Parties objected to the requests for Participant status and the Tribunal granted them as requested.
4The City stated that it will be receiving instructions at City Council’s meeting in mid-July 2021 regarding its position on the proposed Official Plan and Zoning By-law Amendments. The Appellant stated that City Council will also be considering a staff report at its July 2021 meeting recommending that it state its intention to designate several of the subject properties under s. 29 of the Ontario Heritage Act as historical properties. The Appellant stated that if the City states its intention to designate, the Appellant may appeal. If it appeals, the Appellant stated that it will likely seek to have the new appeal proceeding consolidated with the present ones.
5The Parties requested that a further CMC be scheduled for both the present proceedings as well as the anticipated forthcoming proceeding. The Parties agreed to undertake to prepare a draft Procedural Order and Issues List for both the Planning Act and anticipated Ontario Heritage Act proceedings to be considered at the next CMC.
6The Parties expressed an interest in working together and exploring settlement opportunities. They indicated that they will be in a better position to discuss settlement opportunities at the next CMC after the City has received instructions from City Council.
7The Tribunal scheduled the next CMC for October 2021.
ORDER
8The Tribunal orders that a CMC will be held by video hearing on Monday, October 18, 2021 at 10 a.m.
9Parties 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:
https://global.gotomeeting.com/join/641987773
Access code: 641 987 773
10Parties 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.
11Persons 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: (Toll Free): 1 888 455 1389 or +1 (647) 497-9391. The access code is 641 987 773.
12Individuals 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.
13There will be no further notice.
14This Member is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS
MEMBER
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.