Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 20, 2022

CASE NO(S).: OLT-22-002139

PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: KG Oakburn Apartments Ltd.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit the construction of two 18-storey residential buildings

Reference Number: 21 185510 NNY 18 OZ

Property Address: 2-4, 6, 8 and10-12 Oakburn Crescent

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-002139

OLT Lead Case No: OLT-22-002139

OLT Case Name: KG Oakburn Apartments Ltd. v. Toronto (City)

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: KG Oakburn Apartments Ltd.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the construction of two 18-storey residential buildings

Reference Number: 21 185510 NNY 18 OZ

Property Address: 2-4, 6, 8 and10-12 Oakburn Crescent

Municipality/UT: Toronto/Toronto

OLT Case No: OLT-22-002140

OLT Lead Case No: OLT-22-002139

Heard: July 14, 2022 by video hearing

APPEARANCES:

Parties Counsel

KG Oakburn Apartments Ltd. (“Appellant”) M. Lakotos-Hayward D. Bronskill (in absentia)

City of Toronto C. Dougherty J. Braun

DECISION DELIVERED D. ARNOLD ON JULY 14, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This first Case Management Conference (“CMC”) was held to prepare for a hearing on the merits of the Appellant’s appeals to the Tribunal of the City of Toronto’s failure to make a decision within the statutory time period on an application for an Official Plan Amendment to the City’s Official Plan and an application for a Zoning By-law Amendment to the City’s Zoning By-law to permit the redevelopment of the lands municipally known as 2-4, 6, 8, and 10-12 Oakburn Crescent in the City of Toronto (the “Subject Property”) with two 18-storey residential buildings.

2The Tribunal entered the Affidavit of Service of Linda Roberts sworn June 3, 2022 as Exhibit 1 to the CMC and is satisfied that same demonstrates proper notice in these proceedings.

PARTY AND PARTICIPANT STATUS

3Two persons attended this CMC and were granted Participant Status: Tingting He and Judy Zhang. These persons both reside in close proximity to the Subject Property and each person wishes to provide written submissions to the Hearing regarding their respective concerns about the proposed redevelopment that include traffic, emergency services response (Fire),height, density, shadowing, privacy, and public school issues.

4Two persons attended this CMC and were granted Party Status: William Wang and Joseph Ricci. Mr. Wang resides northwest of the Subject Property within 300 metres (“m”) and indicated that his concerns regarding the proposed redevelopment pertain to traffic, emergency services response (Fire), community services capacity (eg. Library) and public school issues. Mr. Ricci resides immediately north of the Subject Property and indicated that his concerns relate to the impact of the increased density and height of the proposed development, including shadowing. Both Mr. Wang and Mr. Ricci indicated that they intend to call witnesses in this regard. The Tribunal is satisfied that Mr. Wang and Mr. Ricci are raising genuine land use planning issues regarding the proposed redevelopment and as Parties their evidence will assist the Tribunal in effectively adjudicating the matter. Both Mr. Wang and Mr. Ricci indicated that they understand the responsibilities of a Party in Tribunal proceedings.

5Two persons submitted a Participant Status Request Form to the Tribunal prior to today’s CMC – Barbara Nickoloff and Linda Wu – but did not attend today’s CMC and therefore the Tribunal denies these Requests.

6One person submitted a Party Status Request Form to the Tribunal prior to today’s CMC – Malcolm Eylott – but did not attend today’s CMC and therefore the Tribunal denies this Request.

PROCEDURAL ORDER

7As there are two new Parties in the proceedings, opportunity will be provided for all Parties to participate in the development of a draft Procedural Order including the Issues List for submission to the Tribunal for its consideration at a follow-up CMC as ordered below.

ORDER

8At the CMC the Tribunal ordered as follows:

a. Each of the two new Parties, Mr. Wang and Mr. Ricci, are required to submit their respective written Issues Lists to the other Parties on or before Thursday, July 28, 2022.

b. The Parties will submit a draft Procedural Order including Issues List to the Tribunal on or before Wednesday, August 31, 2022.

c. The second CMC will take place by video on Wednesday, September 7, 2022 at 10 a.m.

9Parties and participants 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/914098901

Access code: 914-098-901

10Parties 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

11Persons 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 914-098-901.

12Individuals 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.

13The Member is not seized in this matter but may be spoken to for case management purposes.

14No further notice will be given.

“D. Arnold”

D. ARNOLD

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.