Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 07, 2022
CASE NO(S).: OLT-21-001793
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Tribute (Queensway) Limited
Subject: Application to amend Former City of Etobicoke By-law 11, 737 – Neglect or Refusal of application by City of Toronto
Existing Zoning: Industrial
Proposed Zoning: Mixed Use (Site Specific)
Purpose: To permit a three building, 1210 unit mixed-use development
Property Address/Description: 1325-1365 The Queensway
Municipality: Toronto
Municipal File No.: 20 176082 WET 03 OZ
OLT Case No.: OLT-21-001793
OLT File No.: OLT-21-001793
OLT Case Name: Tribute (Queensway) Limited v. Toronto (City.)
Heard: April 4, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Tribute (Queensway) Ltd. | Eileen Costello |
| City of Toronto | Alexander Suriano Jason Davidson |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER AND T. PREVEDEL ON APRIL 4, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) conducted in respect of the Appeal from Tribute (Queensway) Ltd. (“Tribute”) pursuant to s. 34(11) of the Planning Act against the City of Toronto’s (“City”) failure to make a decision within the statutory time frames regarding Tribute’s proposed Zoning By-law Amendment (“ZBA”).
2The municipal address for the subject property is 1325-1365 The Queensway.
3The application under Appeal proposes to amend the former City of Etobicoke Zoning Code to permit an 11-storey mid-rise building and two 37-storey towers which are connected by a six (6)-storey base building with a total of 1,210 units.
4A total residential gross floor area of 81,938 square metres (“sq m”) is proposed, representing a Floor Space Index of 9.55 times the area of the lot.
5The proposed development would have 703 sq m of retail space, 1,196 sq m of non-residential space (for two daycares) and 4,952 sq m of indoor and outdoor amenity space, with a proposed 967 sq m internal courtyard to be located in the middle of the site at the second level.
6The Tribunal marked the Affidavit of Service of the Notice of the CMC sworn by Tarah Coutts on March 17, 2022 as Exhibit 1 to the Hearing.
7The Tribunal did not receive any other requests for party or participant status.
Opportunities for Settlement Discussion
8The Tribunal did offer mediation services to the parties. The Tribunal was advised that negotiations are ongoing and mediation services are not needed at this time.
Finalization of a Procedural Order
9The Tribunal was advised that a final Procedural Order and Issues List is being finalized and will be presented to the Tribunal by Friday, August 5, 2022.
10A ten-day Hearing has been scheduled for Monday, April 10, 2023.
11Parties 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/927921077
Access code: 927-921-077
12Parties 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.
13Persons 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): 1 888 455-1389 or +1 (647) 497-9373. The access code is 927-921-077.
14Individuals 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.
ORDER
15The Tribunal Orders that the final Procedural Order and Issues List is to be submitted to the Tribunal by Friday, August 5, 2022.
16The Hearing is scheduled to proceed by video hearing on Monday, April 10, 2023 at 10 a.m. for ten (10) days.
17The Members are not seized, however, may assist with case management, schedules permitting.
18No further notice will be given.
“S. deBoer”
S. deBOER
MEMBER
“T. Prevedel”
T. PREVEDEL
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.