Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 03, 2021
CASE NO(S).: PL210092
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Phantom Developments Teagarden Limited
Subject: Request to amend the Official Plan and Zoning By-law - Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Mixed Use
Proposed Designated: Unchanged
Purpose: To permit a density increase from a Floor Space Index of 3.99 to 4.63
Property Address/Description: 2, 4 and 6 Teagarden Court
Municipality: City of Toronto
Approval Authority File No.: 20 192585 NNY 18 OZ
LPAT Case No.: PL210092
LPAT File No.: PL210092
LPAT Case Name: Phantom Developments Teagarden 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: Phantom Developments Teagarden Limited
Subject: Application to amend Zoning By-law No. By-law No. 7625 - Neglect of City of Toronto to make a decision
Existing Zoning: RM6(251)
Proposed Zoning: To permit a 3-storey increase in height to the permitted 11-storey residential building currently under construction together with a commensurate density increase from a Floor Space Index of 3.99 to 4.6
Purpose: To permit a fourteen-storey residential building
Property Address/Description: 2, 4 and 6 Teagarden Court
Municipality: City of Toronto
Municipality File No.: 20 192585 NNY 18 OZ
LPAT Case No.: PL210092
LPAT File No.: PL210093
Heard: July 15, 2021 via video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Toronto | S. Amini |
| Phantom Developments Teagarden Limited | A. Platt |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE AND PIERRE BRUNELLE ON JULY 15, 2021 AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) on an appeal by Phantom Developments Teagarden Limited (“Applicant”) of the City of Toronto’s failure to make a decision on an application for an Official Plan Amendment (“OPA”) and Zoning By-Law Amendment (“ZBA”) within the statutory time frame for the property municipally known as 7 Teagarden Court.
2The Applicant is in the process of constructing an approved 11-storey residential building. The purpose of the OPA and ZBA application is to increase the height of the development to 14-storeys to add an additional 24 units.
3The purpose of the CMC was to establish hearing dates and review the proposed draft Procedural Order (“PO”) for the Tribunals consideration.
4The Tribunal has reviewed the draft PO with the Parties. Aaron Platt has been tasked with updating the dates throughout the draft PO and return it to the Tribunal for final approval.
5Counsel jointly requested that the Tribunal set aside four days for the hearing of the merits. The Tribunal was informed that the Parties have been working continuously together to resolve issues and may not require all four days.
6The Tribunal has set a four-day hearing of the merits for Tuesday, October 19, 2021 commencing at 10 a.m. by video hearing.
7Parties 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/752428389
Access code: 752 428 389
8Parties 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.
9Persons 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): 1 888 299 1889 or +1 (647) 497-9373. The access code is 752 428 389.
10Individuals 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.
11There will be no further notice.
12The Panel is not seized.
13This is the Order of the Tribunal.
“Steven Cooke”
Steven cooke
MEMBER
“Pierre Brunelle”
Pierre brunelle
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.