Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 13, 2022
CASE NO(S).: OLT-22-004285
PROCEEDING COMMENCED UNDER Section 34 (11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 1500 Bayview Avenue limited and BHL Properties limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 9-storey mixed-use building with 156 rental residential units.
Reference Number: 20 210394 NNY 15 OZ & 20 210395 NNY 15 SA
Property Address: 1466-1500 Bayview Avenue
Municipality: City of Toronto
OLT Case No: OLT-22-004285
OLT Lead Case No: OLT-22-004285
OLT Case Name: 1500 Bayview Avenue limited and BHL Properties limited v. Toronto (“City”)
Heard: December 6, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
1500 Bayview Avenue limited and BHL Properties limited (the “Applicant/Appellant’”)
Johanna Shapira
City of Toronto
Mark Crawford Uttra Gautam
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON DECEMBER 6, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a Case Management Conference (“CMC”) on an appeal filed by 1500 Bayview Avenue limited and BHL Properties limited (“Applicants/Appellants”) against the City of Toronto (“City”) Council’s failure to make a decision related to a Zoning By-law Amendment (“ZBLA”) and Site Plan application concerning 1466-1500 Bayview Avenue (“Subject Lands”).
2A ZBLA is required in order to allow an increased height and density permitted by the existing Zoning By-laws, and to establish new development standards including setbacks, parking and amenity space.
3The ZBLA application proposes to amend Zoning By-laws 438-86 and 569-2013 for the Subject Lands, to permit an 8-storey (including the mechanical penthouse) mixed-use building with a total of 153 rental residential units. The proposal includes the demolition of the existing Valumart grocery store, garden centre and surface parking lot.
4The Notice of Affidavit was marked as Exhibit 1.
PARTICIPANT STATUS REQUEST
5During the start of the Hearing, two Participant Status Request were received from Leaside Residents Association (“LRA”) and South Eglington Davisville residents Association (“SEDRA’) who have an interest in the development of the Subject Lands.
6Mr. Kettel represented LRA while Mr. Latto represented SEDRA who both confirmed they have been involved in the application from the beginning with submission of comments to the North York Community Council and attending the Community Consultation meeting in addition to discussions with the Appellant/ Applicants. There were no objections raised by the Parties to the request for Participant Status. Johanna Shapira, Counsel for the Applicants/ Appellants, confirmed that both Associations have been consulted before and throughout the application.
7The Tribunal granted Participant Status to LRA and SEDRA as both Resident Associations have an interest in this matter.
8Sue Metcalfe on behalf of Cardiff Cooperative Housing (“CCH”) appeared before the Tribunal. The Tribunal had receipt of Ms. Metcalfe’s opposition letter and she was informed again by the Tribunal she would need to properly file a Participant Status request. Ms. Metcalfe advised she would need to wait until the next CCH board meeting in the coming weeks to get approval from the CCH Board to file a Participant Request.
HEARING
9Ms. Shapira provided the background information concerning the application. Ms. Shapira stated the application is to amend the Zoning By-law and approve the Site Plan application. Ms. Shapira advised that through consultation with the City Planning Staff, Public, and the previous named Resident Associations, the Applicants/Appellants have reduced the proposal from a 9 storey to 8- storey mixed use building with now 153 rental residential units from the previous 156 rental residential units. According to Ms. Shapira there is a possibility of resolution; however there are still outstanding issues and a second CMC is requested to allow more time for discussions with the possibility of a resolution and in the alternative for a Draft Procedural Order and Issues List to be completed.
10Ms. Shapira advised there is another Ontario Land Tribunal (OLT-22-004174) hearing involving her clients in regard to Site-Specific appeals of the City’s Midtown Villages Zoning By-law. Ms. Shapira advised she will be requesting a future consolidation of that appeal (January 2023) with the present case.
11Mark Crawford, Counsel for the City advised that a Community Council meeting will not take place until the end of February 2023 and after that he will be in a better position to narrow down the Issues for the Draft Procedural Order and Issues list.
12The intent of the Parties is to set a second 1- day CMC in late February 2023. As noted above, according to the Parties, this proposed timeframe will allow for further discussions amongst the Parties, allow time for a Community Council meeting, and will allow time to complete a Draft Procedural Order and Issues List.
MEDIATION
13The Tribunal advised the Parties of the opportunity for Tribunal-led mediation.
HEARING DATE
14The Tribunal directs that a second CMC of one (1) day will be held by Video Hearing, commencing on Thursday, February 23, 2023, at 10:00 a.m.
15Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://meet.goto.com/680885805
Access code: 680 885 805
16Parties 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 at:
https://app.gotomeeting.com/home.html
17Persons 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 or toll-free: 1 888-299-1889. The access code is: 680 885 805.
18Individuals 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.
19No further notice will be given.
THE FINALIZATION OF A PROCEDURAL ORDER AND ISSUES LIST
20The Parties requested two weeks before the second CMC to provide a Draft PO including the Issues List with all dates to be included in the Draft Order.
21The Tribunal allowed the Parties to submit to the Tribunal the Draft of the PO including the Issues List by Thursday, February 9, 2023.
22The Tribunal Member is not seized but may be spoken to for Case Management purposes, subject to the availability of the Tribunal’s calendar.
23The directions in this Decision are so Ordered.
“Eric S. Crowe”
ERIC S. CROWE
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.