Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 25, 2022
CASE NO(S).: OLT-22-002106 (Formerly PL210257)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: 300 Bayview Ave. Ltd. & 1405768 Ont. Ltd.
Subject: Site Plan
Property Address/Description: 300 & 328 Bayview Avenue
Municipality: City of Toronto
OLT Case No.: OLT-22-002106
Legacy Case No.: PL210257
OLT Lead Case No.: OLT-22-002106
Legacy Lead Case No.: PL210257
OLT Case Name: 300 Bayview Ave. Ltd. & 1405768 Ont. Ltd. v. Toronto (City)
Heard: October 6, 2022, by Telephone Conference Call (TCC”)
APPEARANCES:
Parties
Counsel
300 and 328 Bayview Avenue
A. Heisey
City of Toronto
M. Piel
DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held a Case Management Conference (“CMC”) to hear a status update with regard to an Interim Decision issued by the Tribunal on June 8, 2022.
2The Site Plan application seeks to develop the property known municipally as 300 and 328 Bayview Avenue, in the City of Toronto (“Subject Lands”) with an expanded five storey building to be used as a car dealership. The proposed expanded building is to relocate the existing parking and ground floor outside of the Toronto and Region Conservation Authority (“TRCA”) regulated flood plain. The Gross Floor Area (“GFA”) being proposed is reflective of the existing building GFA with additional GFA permitted for additional parking.
INTERIM ORDER
3The Tribunal provided an Interim Order on June 8, 2022, which required the Appellant to satisfy the following conditions and provide the City with specific submissions:
(a) the satisfaction of the named City Official and as presented by the City in evidence as Appendix "4" to Exhibit 31 as modified by paragraph 11 of Exhibit 32;
(b) revise all necessary plans and drawings for the Tribunal's approval to illustrate the horizontal and vertical location of the active gas main on the site and resubmit the revisions to the satisfaction of the Director, Community Planning, Toronto & East York District for the City of Toronto in consultation with the Manager, Urban Forestry for the City of Toronto; and
(c) revise Drawing A2.0 (Ground Floor) to remove illustrations of the existing structure (above and below grade) on the site and resubmit the revised drawing to the satisfaction of the Director, Community Planning, Toronto & East York District for the City of Toronto.
CASE MANAGEMENT CONFERENCE CONTEXT
4Through this CMC, the Tribunal heard that there has been concerted efforts between City departments and the Appellant to move this matter forward. The submissions, being the plans and drawings related to the gas mains and Drawings have now been confirmed as received, reviewed and accepted by the City. (as per (b) and (c) of the above noted conditions)
5A draft Site Plan Agreement has been forwarded to the City for comments by counsel. Mr. Piel acknowledged receipt and as per the direction of the Tribunal he will provide is comments and revisions to the Applicant so that they may form part of the discussion at the next CMC.
6The Applicant indicated the Reference Plan will be deposited on October 7, 2022, with the required minor change as per the Registrar. The City has deemed the Reference Plan as acceptable including the minor change being sought by the Registrar on the legal description.
7The Tribunal heard that to simultaneously demolish, excavate and shore the area in preparation for the conveyance, would expedite this matter. Mr. Piel indicated that he will provide the Applicant with the contact information for the individual he has spoken with in the Chief Building Official’s office to set a meeting for the Applicant to understand the requirements for below grade building permits. The Applicant agreed to set a meeting with the Chief Building Official or his/her designate.
8While the Applicant has sought outside opinion on the likelihood of the below grade permits being issued, the Tribunal is confident that City staff who are tasked with the responsibility of permit issuance, will respond with information to move this matter forward. The outcome of that dialogue will be the basis for discussion at the next CMC.
9The Tribunal can confirm that significant efforts have been made by both Parties since the last CMC and it is encouraging to see a more open dialogue and combined effort to resolve the outstanding issues. It is hoped that these efforts and cooperation between the Parties continue to ensure an expeditious resolution and the issuance of a Final Order.
DIRECTIONS
10The Tribunal directs the City to provide comments on the draft Site Plan Agreement to the Applicant on or before Friday, October 28, 2022, for reply by the Applicant prior to the Wednesday, November 2, 2022, CMC.
11The Tribunal directs the Applicant to meet with the Chief Building Official on or before Wednesday, November 2, 2022, to obtain an understanding of the timelines, availability and necessary next steps in obtaining the below grade building permits. Upon completion of the meeting the Applicant is to advise the Case Coordinator on the outcome.
12The Tribunal directs that the Chief Building Official and or his/her designate be available for the next CMC, should questions arise from the Tribunal.
13The Tribunal directs that a further CMC be set for Wednesday, November 2, 2022, at 9 a.m. via TCC.
14Individual(s) are directed to call 416-212-8012 or 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.
15Should the need arise, I may be spoken to with regard to these directions.
16This is the Order of the Tribunal.
“D. Chipman”
D.CHIPMAN
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.