Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 15, 2022

CASE NO(S).: OLT-21-001363

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Appellant: John Hartley Applicant: Bluffers Park Residences GP Inc. Subject: Zoning By-Law Description: To permit construction of an 11 and 22 storey, 439 unit development Property Address: 2746 and 2800 Kingston Road Municipality: City of Toronto Municipal File No.: By-law 646-2021 OLT Case No.: OLT-21-001363 OLT Lead Case No.: OLT-21-001363 OLT Case Name: Hartley v. Toronto (City.)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: John Hartley Applicant: Bluffers Park Residences GP Inc. Subject: Zoning By-Law Description: To permit construction of an 11 and 22 storey, 439 unit development Property Address: 2746 and 2800 Kingston Road Municipality: City of Toronto Municipal File No.: By-law 647-2021 OLT Case No.: OLT-21-001364 OLT Lead Case No.: OLT-21-001363

PROCEEDING COMMENCED UNDER subsection 34(25) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Request By: Bluffers Park Residences LP Request for: Request for Dismissal Without a Hearing

Heard: February 3, 2022 by video hearing

APPEARANCES:

Parties Bluffers Park Residences LP City of Toronto (the “City”)

Counsel Zachary Fleisher Sara Amini

MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON FEBRUARY 3, 2022 AND ORDER OF THE TRIBUNAL

1The purpose of these proceedings was to hear the Motion brought forward by Bluffers Park Residences LP to dismiss the Appeal of John Hartley.

2The Hearing commenced at 10 a.m. and the Tribunal granted a fifteen (15) minute grace period for the Appellant Mr. Hartley to appear. At 10:15 a.m., the Appellant had not appeared nor made any attempt to contact the Tribunal. The Tribunal ruled to continue to hear the merits of the motion.

MOTION TO DISMISS THE APPEAL

3The Tribunal was presented with a Motion to dismiss the Appeal without holding a hearing by the Applicant.

THE GROUNDS FOR THE MOTION

The Subject Properties

4The Tribunal heard the Applicant is the owner of lands known municipally as 2476 and 2800 Kingston Road in the City of Toronto (the “Subject Lands”), which are subject to the Appeal. The Subject Lands are located on the north side of Kingston Road between Brimley Road and St. Clair Avenue East and consist of two irregularly-shaped adjacent lots that are collectively approximately 8,776 square metres in area.

5The Subject Lands currently contains two one-storey motel buildings, one of which has an attached two-storey administrative building and includes associated surface parking.

6The buildings are designated Mixed Use Areas under the City of Toronto Official Plan (the “OP”). The Subject Lands are currently zoned Commercial Residential (CR) in the City’s Zoning By-law 569-2013 (“By-law 5692013”) and Highway Commercial (HC) in the former City of Scarborough Zoning By-law No. 9396 (“By-law 9396”).

The Application and Staff’s Recommendation for Approval

7The Tribunal heard in December of 2018, the Applicant filed a zoning by-law amendment application (the “Application”) to facilitate the redevelopment of the Subject Lands. The Application as initially filed proposed two buildings of 13- and 16-storeys each with a 6-storey podium containing 411 residential condominium units.

8An extensive set of materials was filed in support of the Application, including a Planning Justification Report prepared by WND Associates Limited for the Subject Lands (the “PJR”) and a Functional Servicing Report prepared by S. Llewellyn and Associates Limited (the “FSR”). The PJR concluded that the Application is consistent with and conforms with all applicable policy. The PJR and FSR are attached to the McGaffey Affidavit as Exhibits D and G, respectively.

9Following the filing of the Application and supplementary material requested by City staff, a community consultation meeting was held on June 26, 2019. Based on feedback received from the community and City staff, a resubmission was filed on December 19, 2019. A further and final resubmission was made on July 17, 2020 providing for two buildings of 11and 22-storeys containing 439 residential condominium units (the “Development”).

10The Tribunal was informed that a Staff Report dated October 16, 2020 (the “Staff Report”) concluded that the Development was appropriate for the site, has regard for matters of provincial interest in accordance with section 2 of the Planning Act, is consistent with the Provincial Policy Statement