Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 28, 2022
CASE NO(S).: OLT-22-003842
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2720433 Ontario Limited
Subject: Request to amend the Official Plan - Failure of the City of Toronto to adopt the requested amendment
Existing Designation: Neighbourhoods & Mixed-Use Areas
Proposed Designated: Site Specific (To be determined)
Purpose: To permit the redevelopment as a 28-storey mixed use building
Property Address/Description: 805-813 Glencairn Avenue & 529-543 Marlee Avenue
Municipality: City of Toronto
Approval Authority File No.: 21 221282 NNY 08 OZ
OLT Case No.: OLT-22-003842
OLT Lead Case No.: OLT-22-003842
OLT Case Name: 2720433 Ontario 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: 2720433 Ontario Limited
Subject: Application to amend Zoning By-law No. 7625 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: General Commercial (C1) Zone & One-Family Detached Dwelling Sixth Density (R6) Zone
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the redevelopment as a 28-storey mixed use building
Property Address/Description: 805-813 Glencairn Avenue & 529-543 Marlee Avenue
Municipality: City of Toronto
Municipality File No.: 21 243814 NNY 08 SA
OLT Case No.: OLT-22-003843
OLT Lead Case No.: OLT-22-003842
OLT Case Name: 2720433 Ontario Limited V. Toronto (City)
Heard: August 31, 2022 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
2720433 Ontario Limited
David Bronskill
City of Toronto
Uttra Gautam and Kasia Czajkowski
Wenderly Park Community Association
Rocco Fabiano*
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON AUGUST 31, 2022 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) regarding an appeal by 2720433 Ontario Limited (the “Applicant/Appellant”) from the failure of the City of Toronto (the “City”) to adopt an Official Plan amendment (“OPA”) and to make a decision on applications to amend Zoning By-laws Nos. 569-2013 and 7625 (the “ZBAs”) for the properties identified municipally as 805 - 813 Glencairn Avenue, and 529 – 543 Marlee Avenue (collectively, the “Site”).
2The Site is located in the Yorkdale-Glen Neighbourhood at the southeast corner of Marlee Avenue and Glencairn Road, and comprises an area approximately of 3,062 square metres (“sq m”) with frontages on Glencairn Avenue (72 m) and Marlee Avenue (40 m), and is within 200 m of the Glencairn Subway Station.
3The land parcels municipally known as 805, 807, 811 and 813 Glencairn Avenue are currently occupied by four single-storey, semi-detached dwellings. The parcel municipally known as 543 Marlee Avenue is occupied by a one-storey commercial building with surface parking fronting onto the street.
4The purpose and effect of the OPA and ZBLs is to facilitate the development of a 28-storey mixed use building with ground floor retail and upper floor residential uses. The proposed building will have a gross floor area (“GFA”) of 21,917.25 sq m, to include 224.5 sq m of retail space at grade and 306 dwelling units in the upper floors, resulting in a floor space index of 8.98, excluding parkland conveyance and road widening along Marlee Avenue. The residential component of the building will contain 2 live-work units; 199 one-bedroom units; 83 two-bedroom units; and 22 three-bedroom units. The proposal will feature 1,224 sq m of amenity space throughout the development, comprised of 612 sq m each of indoor and outdoor amenity space.
5Vehicular access is to be provided from Glencairn Avenue through a driveway that will provide access to a Class G loading Space and a ramp to the underground parking area. A total of 184 vehicle parking spaces will be provided, inclusive of 153 resident and 31 visitor parking spaces. The majority of the resident parking spaces will be provided in a four-level underground garage, with limited spaces being available at surface-level. In addition, 307 bicycle parking spaces will be provided, to include 10 short-term surface spaces at grade level and 297 indoor spaces in the first level of the underground parking garage. The proposal includes the conveyance of a 12 m wide, 475 sq m linear park along the western portion of the Site to be dedicated as public parkland.
6In advance of this CMC the Tribunal received a Party Status Request Form from the Wenderly Park Community Association (the “Association”), represented at the CMC by Rocco Fabiano.
7In response to an inquiry from the Tribunal about the Association’s intent to retain legal counsel and/or expert witnesses, Mr. Fabiano said that if party status was granted, they would be calling witnesses, but he was not sure if expert witnesses would be retained. Following further discussion about the role, responsibilities, and expectations of a party to an appeal, in comparison to the role of a Participant, the Tribunal granted conditional party status with the option to convert its status to Participant. In the event, the Association’s status is converted to Participant, it will be permitted to submit an enhanced Participant Statement identifying specific issues and concerns.
8Participant status was granted to Fong Di Caterina.
9Mr. Bronskill advised the Tribunal that a Draft Procedural Order (“DPO”) has been prepared but is pending finalization subject to the submission by the City of its Issues List. He requested that a second CMC and a 10-day hearing be set on the Tribunal’s calendar.
10Ms. Gautam reported that the City’s Issues List will not be finalized until after the December Council meeting. Accordingly, the City is directed to provide its Issues List to Mr. Bronskill and the Tribunal as soon as it is finalized, but in any event, in advance of the next CMC.
11The parties are aware of the mediation program offered by the Tribunal, and will contact the Case Coordinator having carriage of this file should they wish to pursue Tribunal-led mediation.
12A second CMC has been scheduled on Tuesday, January 10, 2023 at 10 a.m.
13Parties 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://meet.goto.com/656004293
Access code: 656-004-293
14Parties 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
15Persons 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: +1 (647) 497-9373. The access code is 656-004-293.
16Individuals 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.
17At the time of this CMC the Tribunal was not processing scheduling requests for a multi-day hearing until such time as the DPO complete with an Issues List is provided.
18No further notice will be provided.
19This Member is not seized.
“M.A. Sills”
M.A. SILLS
VICE-CHAIR
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.