Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
CORRECTION NOTICE
OLT CASE NO(S).:
OLT-22-003395
DECISION ISSUE DATE(S):
July 21, 2022
CORRECTION NOTICE ISSUE DATE:
September 13, 2022
RE: Marine Lake Developments Limited v. Toronto (City)
Correction to: the year in which the dates are scheduled for the video hearing, which is amended in paragraph [13] as follows:
Originally:
“…on May 23rd to 26th, May 31st, June 1st and 2nd, 2022.”
Corrected to:
“…on May 23rd to 26th, May 31st, June 1st and 2nd, 2023.”
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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.
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 21, 2022
CASE NO(S).:
OLT-22-003395
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Marine Lake Developments Limited
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit a 59-storey mixed-use tower, including a 3-storey base building
Reference Number:
21 219268 WET 03 OZ
Property Address:
2189 Lake Shore Boulevard W
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-003395
OLT Lead Case No:
OLT-22-003395
OLT Case Name:
Marine Lake Developments Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Marine Lake Developments Limited
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit a 59-storey mixed-use tower, including a 3-storey base building
Reference Number:
21 219268 WET 03 OZ
Property Address:
2189 Lake Shore Boulevard W
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-003396
OLT Lead Case No:
OLT-22-003395
Heard:
July 19, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Marine Lake Developments Limited
M. Lakatos-Hayward
City of Toronto
A. Moscovich C. McKeich
Memorandum of oral DECISION DELIVERED BY STEVEN COOKE on July 19, 2022, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) for the appeals by Marine Lake Development Limited (the “Applicant”) under s. 22 (7) and 34 (11) of the Planning Act, for the City of Toronto’s (the “City”) failure to make a decision within the statutory timeframe for the property municipally known as 2189 Lakeshore Boulevard West (“Subject Site”).
2The Subject Site is located on the corner of Lakeshore Boulevard and Marine Parade Drive. The Subject Site is currently occupied with a gas station, car wash, and convenience store that includes a take-out restaurant in it. The Applicant proposed to construct a 59-storey mixed-use building with a 3-storey podium.
3In order to accomplish this the Applicant is seeking an Official Plan Amendment (“OPA”) to redesignate the Subject Site to a Mixed Use Area ‘A’ in the Motel Strip Secondary Plan and to add site specific policies to permit the proposed development.
4The Applicant also has submitted an application for a Zoning By-law Amendment (“ZBA”). The purpose of the ZBA would be to amend the former City of Etobicoke Zoning Code By-law No. 1994-197 to lift the “H” holding symbol and rezone the Subject Site to mixed use designation.
CMC
5The Affidavit of Service signed by Mina Siskopoulos was marked as Exhibit 1. Having reviewed the Affidavit the Tribunal was satisfied that proper notice was served.
6The Tribunal was informed that the Parties have been in discussion and are open to mediation that they anticipate to potentially happen in the fall.
7The Parties informed the Tribunal that through their initial conversation that a 7-day hearing of the merits would be required. It was explained to the Tribunal that the City Council is currently meeting and that the direction to legal staff on how to proceed has not occurred. As a result, the Parties proposed an additional Telephone Conference Call (“TCC”) in September in order to give City staff and the Applicant time to work out a draft Procedural Order (“DPO”).
8Mr. Yee appeared before the Tribunal as the chair of the neighbouring condominium board. He informed the Tribunal that he was in attendance to the proceeding as an observer in order to collect information to take back to his board to seek direction of the level of participation in the matter they wish to pursue.
FUTURE HEARING DATES
9The TCC will be held on Thursday, September 29, 2022 at 9 am. It is the expectation of the Tribunal that the Parties be in a position to give the Tribunal a status update and have a DPO prepared for the Tribunal’s consideration.
10Should the neighbouring condominium corporation board decide to seek status they are instructed to do so using the Tribunal Status Request Form on or before 4pm of Friday, September 15, 2022.
11A status hearing has been scheduled to proceed by telephone conference call on Thursday, September 29, 2022 at 9 am.
12Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 477-9874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
13The hearing of the merits has been scheduled to be held by video hearing, for 7-days on May 23rd to 26th, May 31st, June 1st and 2nd, 2022.
14Parties 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/979388733
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 979-388-733
15Parties 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
16Persons 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.
17Individuals 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.
18The Member is not seized.
19No further notice is required.
20So Orders the Tribunal.
“Steven Cooke”
STEVEN COOKE
VICE-CHAIR
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.