Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 02, 2022
CASE NO(S).: OLT-21-004067
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant/Appellant: Bayview Sheppard Developments Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: Bayview Sheppard Developments Limited v Toronto
Reference Number: 21 235569 NNY 18 OZ
Property Address: 500 Sheppard Avenue E
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-004067
Legacy Case No.:
OLT Lead Case No.: OLT-22-004067
Legacy Lead Case No.:
OLT Case Name: Bayview Sheppard Developments Limited v Toronto
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
Reference Number: 21 235569 NNY 18 OZ
Property Address: 500 Sheppard Avenue E
Municipality/UT Toronto/Toronto
OLT Case No.: OLT-22-004067
Legacy Case No.:
OLT Lead Case No.: OLT-22-004067
Legacy Lead Case No.:
Legacy Case Name:
Heard: October 20, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Bayview Sheppard Developments Limited
David Bronskill
City of Toronto
Ray Kallio
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON OCTOBER 20, 2022 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in regard to appeals by Bayview Sheppard Developments Limited (“Applicant/Appellant”) from the failure of the City of Toronto to adopt an amendment to the Official Plan (“OPA”) and to make a decision on an application for a Zoning By-law Amendment (“ZBA”) for the property located at 500 Shepard Avenue East (“subject property” / “Site”).
2The subject property is an irregular L-shaped parcel situated at the northwest corner of Sheppard Avenue East and Bayview Avenue, immediately adjacent to the Bayview Subway Station. The Site has an area of approximately 5,731 square metres (“sq m”) and frontages along Sheppard Avenue East (71.5 m) and Bayview Avenue (38.3 m). The Site is currently occupied with a 3-storey commercial building and surface parking spaces.
3The Site has existing approvals for a 25-storey building on a 9-storey podium fronting onto Sheppard Avenue East. The Applicant is now proposing to redevelop the Site with 35-storey and 39-storey buildings on a shared 4-storey podium. The current proposal involves the development of about 928 residential units comprising a gross floor area of approximately 55,580 sq m, and approximately 2,150 sq m of non-residential uses. Vehicular access/egress to the Site will maintain the existing locations from Bayview and Shepard Avenues. On-site vehicular parking will be provided in three levels of underground parking. The proposal also includes the expansion of the Bayview Parkette with a land dedication of 573 sq m.
4The Tribunal has not received any request forms for party or Participant status.
5Mr. Bronskill reported that the parties are engaging in settlement discussions and may possibly request Tribunal-led mediation.
6The parties have prepared a Draft Procedural Order (“DPO”). The DPO is to be finalized and submitted to the Tribunal for final review and approval once it is completed.
7At the request of the parties, the Tribunal has scheduled a (5) five-day hearing beginning Monday, July 10, 2023 at 10:00 a.m.
8Parties 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/344779885
Access Code: 344-779-885
9Parties 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.
10Persons 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 as indicated above.
11Individuals 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 video hearing 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.
12No further notice will be given.
13This 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.