Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 27, 2023
CASE NO(S).: OLT-23-000532
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 38 WR LP / Trustees of the Walmer Road Baptist Church
Subject: Application to amend the Zoning By-law – neglect to make a decision
Description: To permit the redevelopment of the Property with a 20-storey building
Reference Number: 22 179831 STE 11 OZ
Property Address: 38 Walmer Road & 188 Lowther Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-000532
OLT Lead Case No: OLT-23-000532
OLT Case Name: 38 WR LP v. Toronto (City)
PROCEEDING COMMENCED UNDER section 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A.
Applicant/Appellant: 38 WR LP / Trustees of the Walmer Road Baptist Church
Subject: Site Plan
Description: To permit the redevelopment of the Property with a 20-storey building
Reference Number: 22 179830 STE 11 SA
Property Address: 38 Walmer Road & 188 Lowther Avenue
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-000533
OLT Lead Case No: OLT-23-000532
Heard: September 15, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
38 WR LP / Trustees of the Walmer Road Baptist Church City of Toronto 2114778 Ontario Inc. Annex Residents’ Corporation Toronto Standard Condominium Corporation 1896 (“The Loretto”)
M. Lakatos-Heyward D. Bronskill (in absentia) M. Longo J. Dawson M. Schuman H. Wiercinski A. Margaritis
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON SEPTEMBER 15, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was a first Case Management Conference (“CMC”) in the matter of appeals by 38 Walmer Road LP / Trustees of the Walmer Road Baptist Church (“Applicant” / “Appellant”) from the failure of the City of Toronto (“City”) to approve the requested Zoning By-law Amendment (“ZBA”) pursuant to s. 34(11), and s. 114(15) of the City of Toronto Act, for the properties located at 38 Walmer Road and 188 Lowther Avenue (“subject property” / “Site”).
2The Tribunal received a Draft Procedural Order (“DPO”) and marked the Affidavit of Service as Exhibit 1.
3The Site is irregular in shape, with frontages of 75.3 metres (“m”) on Lowther Avenue and 25.0 m on Walmer Road, and comprises an area of approximately 0.32 hectares (“ha”). Currently, the subject property is used as a place of worship; however, historically it accommodated extensive community programming, including a food bank, a theatre initiative, Canada’s first co-located daycare, and space for several community organizations and local institutions. The existing church consists of three elements – a Sunday School at the west end of the Property (dating to 1889), a sanctuary building at the east end of the Property (dating to 1892), and the link addition located between the other two buildings and wrapping the Sunday School to the north (dating to 1913).
4The Site is identified within the Downtown and Central Waterfront on Map 2 (Urban Structure), is designated as Apartment Neighbourhoods, and falls within the delineated boundaries of the Protected Major Transit Station Areas for Spadina Station (180 m away) and St. George Station.
5The proposed development is seeking to permit the redevelopment of the subject property with a 20-storey building that enables the retention and revitalization of the Walmer Road Baptist Church sanctuary building. Interior renovations to the building will allow for a new commercial community hub and a modernized space for the congregation, with an increased standard of accessibility. The overall height proposed is 77.16 m, with a total gross floor area of approximately 18,669 square metres (“m2”), including 1,819 m2 of non-residential uses and 162 residential dwelling units. The development proposal would provide 55 parking spaces within a two-level underground garage, 180 bicycle parking spaces, and a publicly accessible 547 m2 of open space.
PARTY STATUS REQUEST
6Prior to the CMC, the Tribunal received three Party Status requests from the owners and residents of nearby properties. The statutory Parties raised no concerns with these requests. On that basis, the Tribunal granted Party Status to:
- 2114778 Ontario Inc.
- Annex Residents’ Corporation
- TSCC 1896 (“The Loretto”)
PARTICIPANT STATUS REQUESTS
7Prior to the CMC, the Tribunal received one Participant Status request. At the CMC, the Tribunal received an additional Participant request from Javier Groshaus – a resident of a neighbouring property. Hearing no objections from the Parties, the Tribunal granted Participant status to:
- Anne Milchberg
- Javier Groshaus
8Mr. Groshaus shall submit a Participant Statement to the Tribunal by no later than Monday, September 18, 2023. No further extensions shall be granted.
MEDIATION
9The Tribunal canvassed the Parties as to whether they had engaged in discussions to resolve any of the issues in the appeal, and whether they would be interested in mediation. Counsel indicated that they are encouraged by the ongoing dialogue and might be open to the Tribunal-led mediation. Should the Parties reach a point where mediation could be of assistance, they may request a mediation assessment through the assigned Case Coordinator.
HEARING, PO, and ISSUES LIST
10In the Draft PO, the Appellant requested a 10-day Hearing. The Tribunal canvassed the Parties to ascertain if that would be sufficient and the number of expert witnesses each Party intends to call at the Hearing. Parties have indicated that there might be an outstanding heritage matter (“Heritage Matter”) related to the Subject Property. The Heritage Matter, if not resolved, may require a one-day Hearing. The Tribunal advised the Parties to contact the assigned Case Coordinator if time for a Heritage Matter Hearing is required.
11Counsel has agreed that it would be prudent to have another CMC after the City Council meeting that is scheduled for October. The Tribunal also agreed that a second CMC is required in these circumstances.
12Given the uncertainty with the Heritage Matter, ongoing discussions among the Counsel and the possibility of Tribunal-led mediation, the Tribunal is of the opinion that setting aside 10 days for a Hearing would be premature at this point.
13A one-day CMC will be held and is scheduled to commence by video on Friday, December 15, 2023 at 10:00 AM.
14Parties and Participants are asked to log in to 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/979388733
Access Code: 979-388-733
15Parties 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
16Persons who experience technical difficulties accessing the GoToMeeting application, or those who only wish to listen to the event, can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free): 1-888-299-1889. The access code is 979-388-733.
17Individuals 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 Video Hearing 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.
ORDER
18THE TRIBUNAL ORDERS that the Party status is granted to:
- 2114778 Ontario Inc.,
- Annex Residents’ Corporation; and,
- TSCC 1896 (“The Loretto”).
19The following individuals are Participants in this proceeding:
- Anne Milchberg; and,
- Javier Groshaus.
20THE TRIBUNAL FURTHER ORDERS that a second CMC is scheduled to commence on Friday, December 15, 2023 at 10:00 AM. The Parties shall provide, on or before December 10, 2023, a written Status Update to the assigned Case Coordinator, which shall include:
a) the final version of the draft Procedural Order and Issues List to be considered by the Tribunal, highlighting any items that will require the Tribunal’s assistance to finalize; and
b) the status of the demolition permit matter for the Tribunal to consider during the CMC, including the outlining of any related request regarding consolidation or hearing together.
15This Member is not seized.
16There will be no further notice.
“P. Tomilin”
P. TOMILIN MEMBER
Ontario Land Tribunal Website: www.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.