Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 29, 2022
CASE NO(S).: OLT-22-003927
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Reserve Properties Limited
Subject: Application to amend Zoning By-law No. 569-2013 & 438-86 – Neglect of application by City of Toronto
Existing Zoning: RA (Reinvestment Area) & CRE (Commercial Residential Employment)
Proposed Zoning: RA (Reinvestment Area) & CRE (Commercial Residential Employment)
Purpose: To permit a 66-storey commercial and residential mixed-use building
Property Address/Description: 277 Wellington Street
Municipality: City of Toronto
Municipal File No.: 20 233424 STE 10 OZ
OLT Lead Case No.: OLT-22-003927
OLT Case No.: OLT-22-003927
OLT Case Name: Reserve Properties Limited v. Toronto (City)
Heard: August 31, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Toronto | Mark Crawford, Abbie Moscovich |
| Reserve Properties Limited | Joe Hoffman |
DECISION DELIVERED BY M. ARPINO AND ORDER OF THE TRIBUNAL
BACKGROUND AND STATUS
1This decision flows from the first Case Management Conference (“CMC”) regarding the appeal filed by Reserve Properties Limited. (“Applicant’) pursuant to s. 34(11) of the Planning Act.
2The Applicant appealed against the failure of the City of Toronto (“City”) to render a decision within the statutory time frame with respect to an application to amend Zoning By-law No. 569-2013 and Zoning By-law No. 438-86 (“Appeal”).
3The Applicant seeks to construct a 66-storey commercial and residential mixed-use building on the lands known municipally as 277 Wellington Street in the City.
4The proposed development would include approximately 46,995 square metres (“sq m”) of gross floor area, consisting of 37,710 sq m of residential gross floor area, 9,169 sq m of office gross floor area, and I16 sq m of retail space at grade.
5The Affidavit of Service attesting to proper notice having been given, was filed as Exhibit 1.
6A request for Party Status was received from 320 Front Portfolio Inc. status was conferred with no objection from the Parties.
7The City and the Applicant informed the Tribunal that although they were engaged in productive discussions, they were not optimistic that the issues could be resolved without a hearing before the Tribunal. They anticipated the hearing of the merits of the Appeal would last five (5) days.
8The Parties asked the Tribunal to schedule a second CMC so they could finalize a Procedural Order and Issues List.
9The Parties also requested the Tribunal schedule a hearing of the merits of the Appeal.
HEARING DATES AND DIRECTION
10The Tribunal determined that it will convene a second CMC to consider the status of the Appeal. The Tribunal directs that the second CMC is scheduled for Tuesday, February 14, 2023, commencing at 10 a.m.
11The Tribunal determined that it will convene a five (5) day merit hearing commencing on Monday, June 5, 2023 at 10 a.m., concluding on Friday, June 9, 2023, duration of five (5) days.
12The hearings are scheduled to proceed by video as follows:
Tuesday, February 14, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979-388-733 Audio-only telephone line: (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 979-388-733
Monday, June 5, 2023 to Friday, June 9, 2023 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/719383509 Access code: 719-383-509 Audio-only line: (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 719-383-509
13Parties 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.
14Parties 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
15Persons 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.
16Individuals 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.
17This Member is not seized.
18There will be no further notice.
“M. Arpino”
M. ARPINO 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.