Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 07, 2023
CASE NO(S).: OLT-22-002946 (Formerly PL141264)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Applicant and Appellant: 2034055 Ontario Limited
Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: Industrial (I3 D2)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a mixed-use development (residential and commercial)
Property Address/Description: 309 Cherry St. (northern portion of the Site -“Phase 1 Lands”)
Municipality: City of Toronto
Municipality File No.: 12 131809 STE 30 OZ
OLT Case No.: OLT-22-002946
Legacy Case No.: PL141264
OLT Lead Case No.: OLT-22-002946
Legacy Lead Case No.: PL141264
OLT Case Name: 2034055 Ontario Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Applicant and Appellant: 2034055 Ontario Ltd. and 1337194 Ontario Inc.
Subject: Application to amend Zoning By-law No. 438-86 - Refusal or neglect of the City of Toronto to make a decision
Existing Zoning: Industrial (I3 D2)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a mixed-use development (residential and commercial)
Property Address/Description: 309 Cherry St. (the southern portion of the Site – “Phase 2 Lands”)
Municipality: City of Toronto
Municipality File No.: 16 271912 STE 30 OZ
OLT Case No.: OLT-22-002947
Legacy Case No.: PL170634
OLT Lead Case No.: OLT-22-002946
Legacy Lead Case No.: PL141264
Heard: October 26, 2023, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2034055 Ontario Ltd. 1337194 Ontario Ltd |
S. Tomasella P. Herrington |
| City of Toronto | S. O’Connor L. Pinder |
| Lafarge Canada Inc. | K. Mullin (in absentia) A. Seely |
| Toronto Waterfront Revitalization Corporation | C. Kapelos A. Biggart (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON OCTOBER 26, 2023 AND ORDER OF THE TRIBUNAL
1The Tribunal convened a third Case Management Conference (“CMC”) to receive an update on the appeals filed by 2034055 Ontario Ltd. and 1337194 Ontario Ltd. (“Applicants”) from the failure or neglect of the City of Toronto (“City”) to make a decision on rezoning applications with respect to the property located at 309 Cherry Street located at the intersection of Cherry Street and Villiers Street in Toronto's Port Lands neighborhood. The original applications were submitted on March 15, 2012 for the northern portion of the site, referred to as Phase 1, and on December 30, 2016, for the southern portion, referred to as Phase 2 lands.
2Ms. Tomasella, Counsel for the Applicant, advised the Tribunal that the City is in the midst of a review of the Port Lands Official Plan (“PLOP”) that was approved by the Tribunal in July 2022. The Applicant and the City have had many discussions with respect to the possible outcome of the PLOP review and how this development may fit into the revised Official Plan should changes be the decision of City Council.
3Ms. Tomasella noted that staff reports with regard to the conclusion of the review in the Villiers Island District are expected very soon. When made public, the Applicant will determine what changes to the proposed Zoning By-law Amendment (“ZBA”) may be required as the Applicant hopes that their revised ZBA would align with the new PLOP policies. Also, the Applicant will need to review the changes to the PLOP to ensure that a revised ZBA application does not require an Official Plan Amendment (“OPA”). Should an OPA be required it is expected that the Applicant would file the necessary material before the end of 2023 and appeal the OPA to the Tribunal as soon as the applicable legislation allows.
4Ms. O’Connor, Counsel for the City, provided additional insight with respect to City Council’s requested review of the PLOP. Following the PLOP approval, the City Council directed staff to review potential increased density options in an effort to provide additional affordable housing in the Villiers Island District. Affordable housing is a critical need in the City and the review is part of the City’s Housing Action Plan.
5Ms. Tomasella, with the consent of all Parties, requested that the Tribunal schedule a further CMC in June 2024 the CMC. At This CMC, the Applicant and Parties will be in a better position to determine the need to schedule a Merits Hearing, submit a draft Procedural Order for the Tribunal’s consideration or the need to consolidate the OPA and ZBA matters. The Tribunal agrees.
CASE MANAGEMENT CONFERENCE TECHNICAL DETAILS
6A one-day CMC will convene on Tuesday June 4, 2024, by video hearing at 10 a.m.
7Parties 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:
GoTo Conference Link: https://global.gotomeeting.com/join/719383509
Access code: 719-383-509
8Parties 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
9Persons 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: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is same as indicated above.
10Individuals 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.
ORDER
11A one-day Case Management Conference will convene on Tuesday June 4, 2024.
12The Tribunal Member is not seized.
“Bryan W. Tuckey”
BRYAN W. TUCKEY 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.