Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 2, 2022
CASE NO(S).: OLT-22-003152 (Formerly PL171216)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: KS Eglinton Square Inc. and KS Engelhart GP Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a complete mixed-use community, which includes the provision of a range of housing forms, new commercial uses as well as the retention of the existing commercial shopping centre.
Reference Number: 16 230579 ESC 35 OZ
Property Address: Various Addresses
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-22-003152
Legacy Case No: PL171216
OLT Lead Case No: OLT-22-003152
Legacy Lead Case No: PL171216
OLT Case Name: KS Eglinton Square Inc. v. Toronto (City.)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a residential and mixed use development consisting of 5 blocks with a variety of uses, including stacked townhouses, mid-rise and tall buildings
Reference Number: 17 242390 ESC 35 OZ
Property Address: Various Addresses
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-21-001557
OLT Lead Case No: OLT-22-003152
Legacy Lead Case No: PL171216
Heard: July 27, 2022 by Telephone Conference Call
APPEARANCES:
Parties
Counsel
KS Eglinton Sq Inc. and Ks Englehart GP Inc.
Adam Brown
City of Toronto
Amanda Hill
Metro Toronto Real Estate Ltd.
Conner Harris
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON JULY 27, 2022 AND INTERIM ORDER OF THE TRIBUNAL
INTRODUCTION
1KS Eglinton Square Inc. and KS Engelhard GP Inc. (collectively “Appellant”) appealed the failure of the City of Toronto (“City”) to make a decision with respect to the Appellants application for a Zoning By-law Amendment (“ZBA”) regarding the property located at 1 through 70 Eglinton Square, 1431 and 1437 Victoria Park Avenue and 14, 18, 22 and 26 Englehart Crescent, in the City of Toronto (“subject lands”). This is the fourth Case Management Conference (“CMC”) for this matter to establish a go forward strategy with respect to the appeals and to determine Tribunal requirements for a written hearing on this matter.
2The subject lands currently contain a shopping mall with surface parking and four apartment buildings. The Appellant intends to redevelop the subject land in phases and the ZBA is required in order to facilitate the proposed mixed-use development.
3Ms. Hill, counsel for the City, advised the Tribunal that she expects the decision of City Council to be released as soon as July 27, 2022. With the release of that Council decision, all parties will be able to proceed with completing Tribunal requirements for a written hearing with respect to this matter.
4Mr. Brown, on behalf of the Appellant, undertook to ensure all parties would receive future plans of subdivision for the subject lands to ensure appropriate road patterns are in keeping with surrounding properties.
5With the information before it, the Tribunal directs the following information be provided no later than August 2, 2022.
- an Affidavit of a Planner;
- draft planning instruments in a suitable form for the Tribunal to review and approve. The planning instruments will be attached to the Final Order;
- a draft order for consideration of the Tribunal; and
- City Council conditions to be included in or attached to the Final Order
6All Counsel consented to the Tribunal requirements and timing for the necessary information.
7All Counsel requested that the Tribunal schedule a further Telephone Conference Call (“TCC”). The purpose of the TCC is to provide the Tribunal an opportunity to review and evaluate submitted material to ensure it has all that is required to properly execute a written decision.
8The Tribunal is prepared to schedule a half-day CMC commencing on Thursday August 4, 2022 at 3:00 p.m.
CASE MANAGEMENT TECHNICAL DETAILS
9A half-day CMC will convene on Thursday August 4, 2022 by Telephone Conference Call at 3 p.m.
10Individual(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.
11The Tribunal member is seized.
12No further notice is required.
13The Tribunal so Orders.
“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.