Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 18, 2022
CASE NO(S).:
OLT-22-002946
(Formerly PL141264)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
2034055 Ontario Limited
Subject:
Application to amend Zoning By-law No. 438-86 - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning:
Industrial (I3 D2)
Proposed Zoning:
Site Specific (To be determined)
Purpose:
To permit a mixed-use development (residential and commercial)
Property Address/Description:
309 Cherry Street (northern portion of the Site -“Phase 1 Lands”)
Municipality:
City of Toronto
Municipality File No.:
12 131809 STE 30 OZ
OLT Case No.:
OLT-22-002946
Legacy Case No.:
PL141264
OLT Lead Case No.:
OLT-22-002946
Legacy Lead Case No.:
PL141264
OLT Case Name:
2034055 Ontario Limited 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:
2034055 Ontario Ltd. and 1337194 Ontario Inc.
Subject:
Application to amend Zoning By-law No. 438-86 - Refusal or neglect of the City of Torontoto make a decision
Existing Zoning:
Industrial (I3 D2)
Proposed Zoning:
Site Specific (To be determined)
Purpose:
To permit a mixed-use development (residential and commercial)
Property Address/Description:
309 Cherry Street (the southern portion of the Site – “Phase 2 Lands”)
Municipality:
City of Toronto
Municipality File No.:
16 271912 STE 30 OZ
OLT Case No.:
OLT-22-002947
Legacy Case No.:
PL170634
OLT Lead Case No.:
OLT-22-002946
Legacy Lead Case No.:
PL141264
Heard:
July 11, 2022 by video hearing
APPEARANCES:
Parties
Counsel
2034055 Ontario Ltd.
1337194 Ontario Ltd.
Patrick Herrington
Sidonia Tommasella (in absentia)
City of Toronto
Jessica Jakobowski
Robert Robinson
Sarah O’Connor (in absentia)
Lafarge Canada Inc.
Kim Mullin
Eugenia Bashura
Toronto Waterfront Revitalization Corporation
Christina Kapelos
Andrew Biggart
MEMORANDIM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY AND ORDER OF THE TRIBUNAL
1The Tribunal convened a second Case Management Conference (“CMC”) to provide an update on the appeals filed by 2034055 Ontario Ltd. and 1337194 Ontario Ltd. (“Applicants”) from the failure or neglect of the City of Toronto (“City”) to make a decision on rezoning applications with respect to the property located at 309 Cherry Street (“subject lands”) located at the intersection of Cherry Street and Villiers Street in Toronto's Port Lands neighborhood. The applications were submitted on March 15, 2012 for the northern portion of the site, referred to as Phase 1, and on December 30, 2016, for the southern portion, referred to as Phase 2 lands.
2The Applicants proposed amendments to the former City’s Zoning By-law No. 438-86 in order to permit the following:
a. Phase 1 (northern portion) – a mixed use development comprising of an 8-storey office/retail building, 26-story residential tower and to partially retain heritage buildings on the existing industrial property; and
b. Phase 2 (southern portion) – a mixed use development composed of an 11-storey building along Cherry Street and a 52-storey building atop a podium base ranging in height from 4 to 12 stories along Commissioner Street. The future proposed Foundry Street, a 15 metre east-west private road along the north portion of the subject lands, and a publicly accessible open space in the interior of the site is included.
3The Toronto Regional Conservation Authority withdrew from these proceedings on March 31, 2022. The remaining four parties are all represented at this CMC.
4Mr. Harrington, Counsel for the Applicants, advised the Tribunal that there are two site specific Zoning By-laws relevant to this proceeding. A previous CMC was held in 2018. It was decided that the appeals be held in abeyance until the Port Lands Official Plan Modification which establishes the policy framework for the subject lands was adjudicated and policies brought into force.
5These policies are now largely in force, so it is time to update the Application and provide the City with requisite new Zoning By-law amendment(s) and plan(s) for the subject lands for its review and comment. Once completed, all parties will have a better determination of what issues remain in this matter and what is the appropriate go forward strategy with respect to the appeals.
6Mr. Harrington requested that the Tribunal schedule a further CMC in March 2023. This will give his clients the opportunity to provide updated material that is presently being prepared, to the City for its review.
7All parties were in agreement with this approach.
TRIBUNAL DISPOSITION
8The Tribunal is prepared to schedule a one-day CMC commencing on Monday, March 13, 2023 at 10 a.m.
9At the March 2023 CMC, it will be determined whether a procedural order will be required and a merits hearing scheduled, or a settlement hearing be scheduled as a settlement has been reached by the parties, or there is potential for Tribunal-led mediation.
CASE MANAGEMENT CONFERENCE TECHNICAL DETAILS
10A one-day CMC will convene on Monday, March 13, 2023, by video hearing at 10 a.m.
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:
GoTo Meeting: https://global.gotomeeting.com/join/656004293
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 656-004-293
12Parties 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 at: 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, provided above.
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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
15Accordingly, the Tribunal Orders:
a. A one-day Case Management Conference to convene on Monday, March 13, 2023.
16The Tribunal Member is not seized.
“Bryan W. Tuckey”
BRYAN W. TUCKEY
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.