Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 20, 2022
CASE NO(S).: OLT-21-001713
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Artlife Developments
Subject: Application to amend Zoning By-law No. 569-2013 & Scarborough Village Community By-law 10010 - Refusal or neglect of the City of Toronto to make a decision
Purpose: To permit the development of a 12-storey mixed use development containing 173 residential units
Property Address/Description: 3095 Eglinton Avenue East
Municipality: City of Toronto
Municipality File No.: 21 171081 ESC 20 OZ
OLT Case No.: OLT-21-001713
OLT File No.: OLT-21-001713
OLT Case Name: 11426575 Canada Inc. v. Toronto (City)
Heard: June 29, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Artlife Developments
Lee English
City of Toronto
Roman Ivanov
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON JUNE 29, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for this case.
2The purpose of the Case Management Conference was to receive status updates from both parties to organize the hearing of these appeals.
OVERVIEW
3The Applicant, acting under Artlife Developments, has summitted an application to amend the City’s Zoning By-law No. 569-2013 and Scarborough Village Community By-law No. 10010, filed on June 16, 2021 (the “ZBA Application”). The ZBA Application was made to facilitate the construction of a 12-storey mixed-use building, including 173 residential units and 342 square metres of commercial floor area at grade and two levels of below-grade parking consisting of 87 parking spaces
NATURE OF THE APPEALS
4Artlife Developments have summited an appeal pursuant to s. 34(11) of the Planning Act for the following reasons:
The Applicant has sought comments from staff to move forward its application, but after five months from the application being submitted, staff have not provided comments from key departments including Community Planning, Urban Design and Transportation Planning. Without these comments, the Applicant is effectively precluded from advancing further in the development application process.
The ZBA Application is consistent with the Provincial Policy Statement, 2020, including but not limited to policies 1.1.1, 1.1.2, 1.1.3.1, 1.1.3.2 (a) and (b), 1.1.3.3, 1.1.3.4, 1.1.3.6, 1.4.1 (a), 1.4.3, 1.6.7.2, 1.6.7.4, 1.7.1, and 1.8.1. The Provincial Policy Statement directs planning authorities to identify appropriate locations and promote intensification and redevelopment, as well as to encourage an appropriate range and mix of housing types, as is the case here where the Subject Property is underutilized in its current form.
The ZBA Application conforms to the Growth Plan for the Greater Golden Horseshoe 2019, as amended by Amendment 1, including but not limited to policies 1.2.1, 2.2.1.2, 2.2.1.3, 2.2.1.4, 2.2.2.3, 2.2.4, 2.2.6.1, 2.2.6.2, 3.2.2.2, 3.2.3.1 and 3.2.3.2. The Growth Plan directs municipalities to support a range of housing options and make efficient use of land and existing/planned infrastructure, particularly near areas near major arterials and planned transit stations (e.g. the Eglinton Crosstown extension).
The ZBA Application conforms to the City of Toronto’s Official Plan. The Subject Property is designated as ‘Apartment Neighbourhoods’ as per Map 23 – Land Use Plan of the Official Plan and is located along an ‘Avenue’ as identified on Map 2 – Urban Structure. Reurbanization and intensification are encouraged along Avenues. The ZBA Application conforms to policy 2.3.1(2) which speaks to infill development in ‘Apartment Neighbourhoods’. The ZBA Application further conforms to additional applicable policy in the City of Toronto’s Official Plan, including but not limited to, policies 2.2(2), 2.2.3, 2.3.1, 2.3.1(2), 2.4(4), 2.4(7), 2.4(8), 3.1.2, 3.2.1(2), 4.2, 4.2(2), and 4.2(3).
The ZBA Application appropriately addresses the City’s Mid-Rise Building Guidelines, including the Performance Standards and Addendum, by providing a mid-rise building that creates healthy, livable and vibrant main streets and designed to ensure that Avenues are developed in an appropriate and context-sensitive manner.
5The Tribunal was informed that that the Parties may be in the process of a Settlement of these issues and will be working towards finalizing a Settlement Agreement on consent.
6The Tribunal has requested from the Parties to submit their agreed to Settlement Agreement by the end of July, 2022.
7The Tribunal hereby schedules a second CMC Video Conference of these appeals on Friday, September 23, 2022, commencing at 10 a.m.
8Parties 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/765631861
Access code: 765-631-861
9Parties 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
10Persons 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: (647) 497-9391 or Toll Free 1-888-455-1389. The access code is 765-631-861.
11Individuals 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.
12No further notice will be given
13The Member is not seized.
14So Orders the Tribunal.
“Carmine Tucci”
Carmine TUCCI
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.