Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 06, 2022
CASE NO(S).: OLT-21-001198
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: King Street I GP Inc.
Subject: Application to amend Zoning By-law No. 438-86 and Zoning By-law 569-2013 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Reinvestment Area (RA) (Zoning By-law No. 438-86) Commercial Residential Employment CRE (x41) (Zoning By-law 569-2013)
Proposed Zoning: Reinvestment Area (RA) with site specific provisions (Zoning By-law No. 438-86) Commercial Residential Employment CRE (x41) with site specific provisions (Zoning By-law 569-2013)
Purpose: To facilitate the development of a 40-storey mixed-use building with 488 dwelling units and ground floor retail space
Property Address/Description: 234-250 King Street East & 162 Princess Street
Municipality: City of Toronto
Municipality File No.: 20 233 160 STE 13 OZ
OLT Case No.: OLT-21-001198
OLT File No.: OLT-21-001198
OLT Case Name: King Street I GP Inc. v. Toronto (City)
Heard: November 17, 2021 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| King Street I GP Inc. | D. Bronskill* |
| City of Toronto | J. Wice* and J. Jakubowski* |
| DewarKim Investments Inc. | W. Kim |
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON NOVEMBER 17, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from a Case Management Conference (“CMC”) regarding the appeal brought by King Street I GP Inc. (“Appellant”) of the failure of the City of Toronto (“City”) to pass a zoning by-law amendment to facilitate the development of a mixed-use building at 234-250 King Street East and 162 Princess Street.
2At the CMC, the Tribunal addressed requests for Party and Participant status, the identification of issues to be addressed at the hearing, the preparation of a draft Procedural Order and Issues List, the identification of opportunities for settlement discussions, and the scheduling of a further CMC.
Requests for Party Status
3DewarKim Investments Inc. (“DewarKim”) requested Party status. It stated that it owns the property located at 164 Princess Street, which directly abuts the subject property. It stated that the proposed development would directly affect it. It raised concerns regarding access, shadow, and traffic issues. The City and the Appellant did not oppose DewarKim’s request for status. The Tribunal found that the DewarKim has a genuine and direct interest in the proceeding, it will be impacted by the Tribunal’s decision, and DewarKim will assist the Tribunal in making its decision. The Tribunal found that there are reasonable grounds to add DewarKim as a Party and granted Party status to it, as requested.
4Elizabeth Jordan and Armen Tootikian expressed interest in each becoming a Party. They agreed to postpone their requests to a subsequent CMC to be held in February 2022 to allow time for them to consult with counsel and prepare.
5For persons who plan to request Party status at the next CMC, the Appellant requested that they notify the Parties of their intentions by January 10, 2022.
Requests for Participant Status
6First Gulf King Street Inc. and First Gulf Ontario Street Corporation each requested Participant status. They each own property located in the vicinity of the subject property and expressed concerns regarding transportation-related issues. None of the Parties opposed these requests and the Tribunal granted them each Participant status.
Identification of Issues and draft Procedural Order
7The City stated that it has not yet received instructions from City Council and requested that a further CMC be held at which a draft Procedural Order and Issues List can be finalized. The Tribunal scheduled a further CMC for early February 2022. The Tribunal requests that the Parties file a draft Procedural Order and Issues List for the Tribunal’s review prior to the next CMC.
Identification of Opportunities for Settlement Discussions
8The Parties stated that they are interested in pursuing settlement discussions and possibly mediation. The Tribunal encouraged the Parties to pursue settlement discussions and to request Tribunal-assisted mediation, if needed.
ORDER
9The Tribunal orders that DewarKim Investments Inc. is a Party in this proceeding.
10The Tribunal orders that First Gulf King Street Inc. and First Gulf Ontario Street Corporation are Participants in this proceeding.
11The Tribunal orders that a further CMC in this matter will be held by video hearing on Friday, February 4, 2022 commencing at 10 a.m. The Tribunal requests that the Parties file a draft Procedural Order and Issues List for the Tribunal’s review prior to the next CMC.
12Parties 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/709076365
Access Code: 709-076-365
13Parties are asked to set up the video hearing 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.
14Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling: +1 (647) 497-9391 or (Toll Free) 1-888-455-1389. The Access Code is 709-076-365.
15Individuals 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.
16There will be no further notice.
17This Member is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS
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.