Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 02, 2021
CASE NO(S).: PL210236
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Madison Raglan Limited
Subject: Application to amend Zoning By-law No. 569-2013, 438-86 and 1-83 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: properties at 10-12 Raglan Avenue are zoned R (d0.6) which permits a maximum height of 12.0 metres and a maximum floor space index of 0.6. The properties at 14-32 Raglan Avenue are zoned RA (x777)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 28-storey residential building with 399 dwelling units
Property Address/Description: 10-32 Raglan Avenue
Municipality: City of Toronto
Municipality File No.: 20 155716 STE 12 OZ
OLT Case No.: PL210236
OLT File No.: PL210236
OLT Case Name: Madison Raglan Limited v. Toronto (City)
Heard: August 30, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Madison Raglan Limited
David Bronskill Matthew Lakatos-Hayward
City of Toronto
Marc Hardijowski
538 St. Clair Avenue Ltd.
Jennifer Evola/Raivo Uukkivi
Merkur Realty (1993) Limited
Andrea Skinner
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON AUGUST 30, 2021 AND ORDER OF THE TRIBUNAL
1The matter before the Ontario Land Tribunal (the “Tribunal”), was with respect to the appeals of the refusal of the City of Toronto to make a decision regarding an Application to amend Zoning By-law Nos. 569-2013, 438-86 and 1-83.
2The application proposes a 28-storey (100.2 metres including mechanical penthouse) residential building with a gross floor area of 27,928 square metres (“sq m”) representing a density of 10.24 times the lot area. The proposed building consists of 399 dwelling units comprising 14 grade-related townhouse units (3.5%), 22 bachelor units (5.5%), 182 one-bedroom units (45.6%), 130 two-bedroom units (32.6%), and 51 three-bedroom units (12.8%). The proposal includes 647 sq m of indoor amenity space, 949 sq m of outdoor amenity space, 399 bicycle parking spaces, 1 Type G loading space, and 148 vehicle parking spaces within a (2) two-storey below ground garage.
3The southerly portion of the site (10-12 Raglan Avenue) was formerly within the City of Toronto and is subject to Zoning By-law No. 438-86 of the former City of Toronto, as amended. The northerly portion of the site (14-32 Raglan Avenue) was formerly within the City of York and is subject to Zoning By-law No. 1-83 of the former City of York, as amended.
4The purpose of the Case Management Conference (“CMC”) was to receive status updates from both parties to organize the hearing of these appeals.
5Counsel for the Appellant, Mr. Lakatos-Hayward on behalf of Mr. Bronskill, informed the Tribunal, that a Draft Procedural Order had been submitted to the Tribunal for review and will be updated with all the new scheduled dates.
6Further, the Tribunal granted party status to 538 St. Clair Avenue Ltd., and Merkur Realty Limited. Both the Appellant and the City agreed on consent to the granting of party status.
7The Parties have informed the Tribunal that they will require ten (10) days for a hearing of these appeals.
8The Tribunal agrees that a second CMC will be scheduled to review and finalize any outstanding issues in order to proceed to the scheduled hearing date.
9The Tribunal hereby schedules a second Video CMC of these appeals on Monday, December 6, 2021, commencing at 10 a.m. One day has been set aside.
10Parties 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/490563677
Access code: 490-563-677
11Parties 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
12Persons 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) 497-9391 or Toll Free 1-888-455-1389. The access code is 490-563-677.
13Individuals 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.
14No further notice will be given
15The Member is not seized.
16So Orders the Tribunal.
“Carmine Tucci”
Carmine TUCCI
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.