Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 05, 2021
CASE NO(S).: PL180617
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2245883 Ontario Inc.
Subject: Application to amend Zoning By-law No. 438-86 and 569-2013 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: CR T5.0 C3.0 R3.0 (south portion) AND R4A Zl.O (north portion)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit 44-storey mixed-use building
Property Address/Description: 808 Mount Pleasant Road
Municipality: City of Toronto
Municipality File No.: 17 261931 STE 22 OZ
OLT Case No.: PL180617
OLT File No.: PL180617
OLT Case Name: 2245883 Ontario Inc. v. City of Toronto
Heard: September 29, 2021 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2245883 Ontario Inc. | A. Skinner |
| City of Toronto | M. Piel |
| Roehampton Towers Inc. | D. White (Marc Kemerer in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON SEPTEMBER 29, 2021 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) for the appeals by 2245883 Ontario Inc. (“Applicant”) under s. 34(11) of the Planning Act, for the Council of the City of Toronto’s (“City”) failure to make a decision on a Zoning By-law Amendment (“ZBA”) application.
2An Affidavit of Service for Notice of the CMC from Tarah Coutts, a Land Use Planner with Aird & Berlis LLP, dated September 3, 2021 was submitted as Exhibit 1.
3The Applicant is proposing to construct a 35-storey mixed use building with a nine-storey podium, and public park for the properties municipally known as 808 Mount Pleasant Road, and authorized proponent entities of 247, 249, and 251 Roehampton Avenue.
4Ms. Skinner advised the Tribunal that the Applicant and the City have continued to have productive discussions. The Applicant has recently submitted a revised application for the City to consider at the City Council meeting in early November. The Parties are requesting a future CMC date after mid-November to set a Procedural Order and Issues List, or possibly convert into a Settlement Hearing.
REQUEST PARTY STATUS
5Mr. White on behalf of his colleague Mr. Kemerer appeared before the Tribunal as counsel for Roehampton Towers Inc. that is an abutting property to the proposed development.
6Roehampton Towers Inc. is concerned about the direct impacts to their residents and the easement it has over the proposed development lands.
7The Tribunal canvassed the Statutory Parties and hearing no objections or concerns regarding the request grants Party Status to Roehampton Towers Inc.
FUTURE CASE MANAGEMENT CONFERNECE
8The next CMC, that potentially could be converted into a Settlement Hearing, is scheduled to proceed by video on Friday, November 19, 2021 at 10 a.m. The Parties are expected to have a defined Issues List and draft Procedural Order for the Tribunals consideration.
9Parties 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/255259829
Access code: 255 259 829
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 255 259 829.
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 provided.
14This Member is not seized of this matter.
15This is the Order of the Tribunal.
“Steven Cooke”
STEVEN COOKE
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.