Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 27, 2022
CASE NO(S).: OLT-22-003370
(Formerly PL200550)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1388010 Ontario Inc. & 401701 Ontario Ltd.
Subject: Application to amend the former City of Toronto Zoning By-law 438-86 and the City-wide Zoning By-law 569-2013 - Refusal or neglect of City of Toronto to make a decision
Existing Zoning: Residential R2, Z2.0 under Zoning By-law 438- 86, as amended, and Residential R (d2.0, x917), with site exception x917
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 38-storey residential building containing 536 new residential dwelling units
Property Address/Description: 95-131 & 155 Balliol Street Municipality: City of Toronto
Municipality File No.: 20 155678 STE 12 OZ
OLT Case No.: OLT-22-003370
OLT File No.: OLT-22-003370
Legacy Case No.: PL200550
OLT Case Name: 1388010 Ontario Inc and 401701 Ontario Limited v. Toronto (City)
Heard: July 22, 2022 by via telephone conference call
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| 1388010 Ontario Inc. and 401701 Ontario Ltd. | Jasmine Fraser, Eileen Costello, in absentia |
| City of Toronto | Laura Bisset, Kasia Czajkowski, in absentia |
| G.R. Feldman Investments Ltd. | Maggie Bassani, in absentia |
| Toronto District School Board | Julie Lesage, in absentia |
| South Eglinton Davisville Residents’ Association | Andy Gort* |
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON JULY 22, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
11388010 Ontario Inc. and 401701 Ontario Ltd. (collectively the “Applicant”) applied to the City of Toronto (“City”) for Zoning By-law Amendments to amend the former City Zoning By-law No. 438-86 and the City-wide Zoning By-law No. 569-2013 (collectively the “ZBA applications”). The City failed to make a decision on the ZBA applications within statutory timelines and the Applicant appealed to the Tribunal pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act). The ZBA applications relate to the Applicant’s property located at 95-131 and 155 Balliol Street (“Subject Property”).
Background
2At a Case Management Conference (“CMC”) held before a panel differently constituted on March 16, 2021, G.R. Feldman Investment Ltd. (“Feldman”) and The Toronto District School Board (“TDSB”) were granted party status. Following the CMC, the Tribunal received a request for party status from the South Eglinton Ratepayers’ and Residents’ Association (“SERRA”), which was grated by Order dated April 1, 2021.
3The Parties underwent Tribunal-led mediation in June 2021 and subsequently, reached a settlement. On October 25, 2021, the Tribunal held a settlement hearing at which it approved the Zoning By-law Amendments in principle and withheld its Final Order pending confirmation from the City Solicitor on or before May 25, 2022 of the following:
a. The proposed Zoning By-law Amendments are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;
b. The owner has addressed all of the comments in the February 25, 2021, Memorandum from Engineering and Construction Services, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
c. The owner pays for and constructs any improvements to the municipal infrastructure in connection with the Functional Servicing Report and Hydrogeological Report, to be submitted for review and acceptance by the Chief Engineer and Executive Director, Engineering and Construction Services, should it be determined that improvements to such infrastructure are required to support this development arising from the accepted engineering reports;
d. A Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the satisfaction of the City Solicitor, securing the community benefits and matters of legal convenience to support the development described in Recommendation 6 of the City Council instructions: and
e. City Council has approved the Rental Housing Demolition Application No. 18 173492 STE 22 RH in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to allow for the demolition of the nineteen (19) existing townhouse rental dwelling units at 95-131 Balliol Street and the owner has entered into one or more agreements with the City, and those agreement(s) have been registered on title to 95-131 and 155 Balliol Street, securing rental housing related matters, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.
4On May 25, 2022, the Applicant notified the Tribunal that the Parties were continuing to work towards the final forms of the Zoning By-law Amendments and execution of the Section 37 Agreement. The Applicant further advised that the Rental Housing Demolition Application was approved by the City on March 9, 2022 (paragraph 3(e) above). The Applicant, on behalf of the Parties, requested that the Tribunal schedule a Telephone Conference Call (“TCC”) so that they could provide a further status update to the Tribunal.
5On July 22, 2022, the Tribunal held a TCC to receive status updates from the Parties.
Preliminary Matters
6At the TCC, Jasmine Fraser, Counsel for the Applicant, notified the Tribunal that subsequent to the settlement hearing her name has changed from Jasmine Chung and requested that the Tribunal update its file accordingly.
7At the TCC, Andy Gort, the representative for SERRA notified the Tribunal that SERRA has changed its name to South Eglinton Davisville Residents’ Association and requested that the Tribunal update its file accordingly.
8Ms. Fraser advised the Tribunal that G.R. Feldman Investments Ltd. (“Feldman”) would not be attending the TCC. Ms. Fraser undertook to provide Feldman with a status update following the TCC.
9In advance of the TCC, Toronto District School Board notified the Tribunal that it would not be attending the TCC.
STATUS UPDATE
10Ms. Fraser provided the Tribunal with a status update on behalf of all Parties. Ms. Fraser noted that the City and the Applicant have worked diligently since the settlement hearing in October 2021 to clear the conditions set out in paragraph 3 above and be in a position to request a Final Order from the Tribunal.
11Ms. Fraser advised that three issues remain outstanding:
a. The City and the Applicant have reached an agreement on the final form of the Zoning By-law Amendments (“ZBAs”) (paragraph 3(a) above), however the attachments to the ZBAs still require agreement;
b. The terms of the Section 37 Agreement (paragraph 3(d) above) need to be finalized and attached to the ZBAs. Ms. Fraser anticipates receiving comments from the City within one week of the TCC.
c. The outstanding engineering issues relate to water pressure (paragraphs 3(b) and (c) above) which the Applicant is working with the City to address. Currently, the Applicant is performing on-site testing and the Parties anticipate the issues will be resolved within two weeks of the TCC.
12The Parties jointly requested that the Tribunal order a deadline of August 5, 2022 for completion of the outstanding issues and the request for the issuance of a Final Order.
13Laura Bisset, Counsel for the City, submitted that in the event the outstanding engineering issues were not resolved prior to August 5, 2022, then a holding provision could be included in the ZBAs. The Parties agreed that the preference was not to include a holding provision in the ZBAs and that they would continue to work diligently towards completing the outstanding matters prior to August 5, 2022. The Tribunal confirmed that affidavit evidence would not be required if the ZBAs included a holding provision.
14In response to the Tribunal’s question, Ms. Fraser acknowledged that Feldman has not reviewed the current form of draft ZBAs. Ms. Fraser undertook to provide the draft ZBAs to Feldman for review following the TCC to allow Feldman time to review and have any concerns addressed prior to Friday, August 5, 2022.
ORDER
15THE TRIBUNAL ORDERS the Parties to submit the final draft Zoning By-law Amendments and provide confirmation that all other pre-requisites to the issuance of the Final Order set out in paragraph 3 above have been satisfied and request the issuance of the Final Order on or before Friday, August 5, 2022.
16The Member will remain seized for the purpose of reviewing and approving the final drafts of the Zoning By-law Amendments and the issuance of the Final Order and with respect to such outstanding matters relating to this Order and may be spoken to concerning matters relating to this Order and the issuance of the Final Order.
17The Tribunal directs that the Applicant provide G.R. Feldman Investment Ltd. with a copy of the draft Zoning By-law Amendments immediately following the Telephone Conference Call.
“C. Hardy”
c. hardy
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.