Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 21, 2022
CASE NO(S).: OLT-22-002150 (Formerly PL171324)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Dean Park Holdings Limited
Subject: Application to amend Rouge Community Zoning By-law No. 15907 – Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Apartment Residential (A)
Proposed: Zoning: Site Specific (To be determined)
Purpose: To permit the proposed density of the two new apartment buildings and to establish appropriate zoning provisions to implement the development
Property Address/Description: 1 Dean Park Road
Municipality: City of Toronto
Municipality File No.: 15 202048 ESC 44 OZ
OLT Case No.: OLT-22-002150
Legacy Case No.: PL171324
OLT Lead Case No.: OLT-22-002150
Legacy Lead Case No.: PL171324
OLT Case Name: Dean Park Holdings Limited v. Toronto (City)
Heard: March 8, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Dean Park Holdings Limited | Aaron Platt and Alex Lusty and Hannah Ruby (Articling Student) |
| City of Toronto | Mark Crawford |
| MTCC 624 | Benjamin Rutherford |
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON MARCH 8, 2022 AND ORDER OF THE TRIBUNAL
1A Case Management Conference (“CMC”) was conducted March 8, 2022, to update the Tribunal on the status of the appeal by Dean Park Holdings Limited (“Applicant/Appellant”) from the refusal or neglect of the City of Toronto (“City”) to make a decision on an application to amend the Rouge Community Zoning By-law No. 15907 as it pertains to the lands located at 1 Dean Park Road (the “subject lands”/“Site”).
2The subject lands comprise an area of approximately 16,387 square metres and have frontage along Dean Park Road (133 m) and Braymore Boulevard (195 m). The eastern boundary of the Site abuts a 12.1 m wide greenbelt block running parallel to Meadowvale Road and owned by the City.
3The Site is currently developed with a 16-storey apartment building with a 2-storey townhouse podium together with a stand-alone block of townhouses. The original (in-fill) re-development proposal envisioned the construction of two (2), fourteen (14) storey buildings with a rental tenure. The proposed new buildings will yield 355 new rental apartment dwelling units. The Applicant subsequently submitted a revised development proposal that is pending review by the City.
4At the time of this CMC a Draft Procedural Order had been prepared and was intended to be finalized once the hearing date is established. On that basis, a ten (10)-day hearing was scheduled beginning January 9, 2023, but subsequently cancelled at the request of the parties.
5Throughout, the Applicant and the City continued to engage in discussions and effectively resolved the issues between them. With the settlement between the City and the Applicant, the only remaining issue was that of MTCC 624 and related to the location of the entrance to the proposed development, such that:
The entrance to the proposed development is located directly across from the entrance to MTCC 624’s property. Unreasonable traffic congestion will ensue as a result of the proposed development. This congestion problem may be dangerous in the event of an emergency situation on either property.
6Mr. Platt pointed out that even though the revised proposal was circulated to the MTCC (624) last autumn, it has become clear that this issue was based on the original built format of the proposal and not the version illustrated in the re-submission.
7Mr. Platt indicated that despite various inquiries between April and August 2022, as of August 9, 2022 counsel to MTCC 624 has not confirmed its’ position. Consequently, via email on August 10, 2022, the Tribunal directed Mr. Rutherford to advise forthwith of his client’s intent going forward.
8In an email received on August 25, 2022, Mr. Rutherford confirmed to the Tribunal that his client (MTCC 624) “withdraws from the proceedings”.
9Accordingly, a one (1)-day hearing is scheduled on Monday, November 28, 2022 at 10 a.m.
10Parties 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/687587165
Access code: 687-587-165
11Parties 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
12Persons 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) 497-9373 or Toll Free 1-888-299-1889. The access code is 687-587-165.
13Individuals 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.
14No further notice will be provided.
15This Member is not seized.
“M.A. Sills”
m.a. sills
VICE-CHAIR
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416