Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 26, 2022
CASE NO(S).: OLT-22-002097
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dundeal 212 King LP, 214 King Holdings Limited and 220 KSW LP
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation: Regeneration Areas
Proposed Designated: Site Specific (To be determined)
Purpose: To permit an 80-storey mixed-use building with 569 purpose-built rental units
Property Address/Description: 212-220 King Street West
Municipality: City of Toronto
Approval Authority File No.: 20 227738 STE 10 OZ
OLT Case No.: OLT-22-002097
OLT File No.: OLT-22-002097
OLT Case Name: Dundeal 212 King LP 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: Dundeal 212 King LP, 214 King Holdings Limited and 220 KSW LP
Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: RA (Reinvestment Area)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit an 80-storey mixed-use building with 569 purpose-built rental units
Property Address/Description: 212-220 King Street West
Municipality: City of Toronto
Municipality File No.: 20 227738 STE 10 OZ
OLT Case No.: OLT-22-002097
OLT File No.: OLT-22-002098
Heard: May 20, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Dundeal 212 King LP, 214 King Holdings Limited and 220 KSW LP | David Bronskill (in absentia) Zachary Fleisher |
| City of Toronto | Mark Crawford Adrienne deBacker (in absentia) |
| BentallGreenOak | Adrian Frank |
MEMORANDUM OF ORAL DECISION DELIVERD BY S. deBOER AND T.F. NG ON MAY 20, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened the first Case Management Conference (“CMC”) for the above noted matter. Dundeal 212 King LP, 214 King Holdings Limited and 220 KSW LP (“Applicant”) has filed an appeal against the City of Toronto’s (“City”) failure to make a decision for an Official Plan Amendment pursuant to s. 22(7) and a Zoning By-law Amendment pursuant to s. 34(11) of the Planning Act. The subject property is known municipally as 212-220 King Street West., Toronto ON.
2The effect of the two planning instruments under appeal is to permit a mixed-use development on the subject property and permit an increased height and density on the subject lands. The three existing heritage buildings would be conserved. The application purposes to amend the City of Toronto Official Plan and Zoning By-law to permit an 80-storey mixed-use building with approx. 3,269 square metres (“m2”) of retail at grade, 78,266 m2 of office and 38,679 m2 of residential Gross Floor Area (“GFA”) with 569 purpose-built rentals. Extension to the PATH network is proposed. The Subject Property is located at the northwest corner of King West Street and Simcoe Street and is currently occupied with two 6-storey office buildings with retail at grade, and a 5-storey commercial building, all designated under the Ontario Heritage Act.
3The Affidavit of Service sworn April 21, 2022 was marked as Exhibit 1. No further notice is required.
4There was a request for Party status by BentallGreenOak. Party status was granted on consent of all the parties as BentallGreenOak represents a party within the notification zone and has interests that may affect this property. The Tribunal has received two requests for participant status. These participants are Tracy Sutherland and 200 King Street Holdings Inc. The Tribunal granted participant status with consent of all parties.
5Mr. Fleisher, Counsel for the Applicant, advised the Tribunal that a draft Procedural Order has been submitted requesting a ten-day hearing. An Issues List has not been agreed upon at the time of this hearing.
6Mr. Crawford, Counsel for the City, confirmed that this development proposal is coming before the City of Toronto Council at the meeting starting June 15, 2022. This council meeting will give Mr. Crawford direction to a formal agreed upon Issues List. This Issues List will be provided to the Tribunal through the Appellant by Friday, July 29, 2022.
7The Panel questioned whether parties have considered Tribunal-led Mediation. The parties stated that mediation may be an option after the Procedural Order and Issues List is finalized and submitted to the Tribunal.
TRIBUNAL DISPOSITION
8The Tribunal is prepared to schedule a ten-day hearing commencing at 10 a.m. starting on Monday, April 24, 2023 as the parties anticipate that there will be at least a total of six expert witnesses called at the hearing.
9The Tribunal directs that the Parties submit a completed Procedural Order with an agreed upon Issues List to the case coordinator by Friday, July 29, 2022. The Procedural Order will govern the proceedings of the hearing.
HEARING TECHNICAL DETAILS
10A ten-day hearing will commence from Monday, April 24, 2023, to Friday, May 5, 2023 by video hearing at 10 a.m. as follows:
https://global.gotomeeting.com/join/656004293
Access code: 656-004-293
11Parties 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
12Persons 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 656-004-293.
13Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
14Accordingly, the Tribunal Orders:
a. That a ten-day Hearing will commence at 10 a.m. by video hearing from Monday, April 24, 2023 to Friday, May 5, 2023.
b. That the parties forward a Procedural Order with the Issues List to the Case Coordinator on or before Friday, July 29, 2022.
c. That the Procedural Order shall govern the proceedings.
15No further notice will be given.
16The Panel Members are not seized.
17The Tribunal so orders.
“S. deBoer”
S. deBoer
MEMBER
“T.F. Ng”
T.F. NG
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.