Condor Properties Ltd. v. Toronto (City), 2023 CanLII 106660

ISSUE DATE: November 09, 2023

CASE NO(S).: OLT-23-000369

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Condor Properties Ltd. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: OPA to permit the development of a 35-storey mixed-use building on the Lands that includes 373 residential units Reference Number: 22 221903 NNY 15 OZ Property Address: 1779-1787 Bayview Avenue Municipality/UT: City of Toronto OLT Case No: OLT-23-000369 OLT Lead Case No: OLT-23-000369 OLT Case Name: Condor Properties Ltd. V. Toronto (City)

PROCEEDING COMMENCED UNDER section 114(15) of the City of Toronto Act, 2006, S. O. 2006, c. 11 Sched A.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: SP to permit the development of a 35-storey mixed-use building on the Lands that includes 373 residential units Reference Number: 22 221902 NNY 15 SA Property Address: 1779-1787 Bayview Avenue Municipality/UT: City of Toronto OLT Case No: OLT-23-000370 OLT Lead Case No: OLT-23-000369

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject: City of Toronto Site Plan Approval Description: ZBA to permit the development of a 35-storey mixed-use building on the Lands that includes 373 residential units Reference Number: 22 221903 NNY 15 SA Property Address: 1779-1787 Bayview Avenue Municipality/UT: City of Toronto OLT Case No: OLT-23-000371 OLT Lead Case No: OLT-23-000369

Heard: October 26, 2023 by Video Hearing

APPEARANCES:

Parties	Counsel/Representative*
Condor Properties Ltd.	M. Flowers L. Valgardson
City of Toronto	A. Hill
Metrolinx	S. Leisk
Metro Ontario Real Estate Limited	K. Vergis-Mayo
Leaside Residents’ Association	C. Harris G. Kettel*

MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON OCTOBER 26, 2023 AND ORDER OF THE TRIBUNAL

1This was the first Case Management Conference (“CMC”) in the matter of appeals by Condor Properties Ltd. (“Applicant” / “Appellant”) arising from the failure of the City of Toronto (“City”) to approve the requested Official Plan Amendment (“OPA”), pursuant to s. 22(7) of the Planning Act (“Act”), to make a decision, pursuant to s. 114(15) of the City of Toronto Act, and to approve the requested Zoning By-law Amendment (“ZBA”), pursuant to s. 34(11) of the Act, for the properties located at 1779 – 1787 Bayview Avenue (“subject property” / “Site”).

2The Tribunal received a Draft Procedural Order (“DPO”) and marked the Affidavit of Service as Exhibit 1.

3The Applicant is seeking to permit the development of a 35-storey mixed-use building on the Site that includes 373 residential units and approximately 541 square metres (“m²”) of commercial space.

4The northern portion of the subject property (1787 Bayview Avenue) is currently designated as Mixed Use Areas in the City’s Official Plan (“OP”), which is a "designation for growth". The southern portion of the Site (1779 – 1785 Bayview Avenue) is currently designated as Neighbourhoods. The requested OPA would redesignate the southern portion of the subject property to Mixed Use Areas.

5Within the Yonge-Eglinton Secondary Plan, the northern portion of the Site is located within the Bayview Focus Area – one of the Secondary Plan's Midtown Cores, which are planned as "vibrant mixed-use areas centred around Midtown's transit stations", more specifically, the Leaside station on the Eglinton Crosstown Light Rail Transit corridor. The anticipated height range within the Bayview Focus Area is 20 – 35 storeys. The southern portion of the subject property is identified as being within the "Bayview-Leaside Village", with an anticipated height range of eight storeys.

6The Site is split-zoned under the City-wide Zoning By-law No. 569-2013 (“ZBL 569-2013”), with 1787 Bayview Avenue zoned CR 2.2 (c.2.2, r1.5) SS2 (X1163), with a maximum height of 12.2 metres (“m”), and 1779 – 1785 Bayview Avenue zoned RM (f30.0; a930; d1 .25), with a maximum height of 16.0 m. The proposed ZBA would rezone the entirety of the Lands to a site-specific Commercial Residential (CR) zone, subject to a series of site-specific development standards to permit the Proposed Development, including a maximum gross floor area of 27,850 m² and a maximum height of 114.0 m on the northern portion of the Site, subject to permitted projections.

7Where provisions of the ZBL remain under appeal, the provisions of the former East York (Leaside) Zoning By-law No. 1916 (“ZBL 1916”) continue to be in effect. Under the ZBL 1916 the Lands are split-zoned, with 1787 Bayview Avenue zoned Commercial Zone C1, with a height limit of 12.2 m, and 1779 – 1785 Bayview Avenue zoned High Density Residential R3A, subject to a height limit of 8.5 m.

PARTY STATUS REQUEST

8Prior to the CMC, the Tribunal received three Party Status requests from the owners and residents of nearby properties. The Tribunal determined that the requestors have a bona fide interest in the proceedings, such as the proximate relationship of the subject property to the Eglinton Crosstown LRT, excessive height and massing, heritage values, Geotechnical and Hydrology issues among others. The statutory parties raised no concerns with these requests. On that basis, the Tribunal granted Party Status to:

Metrolinx
Metro Ontario Real Estate Limited
Leaside Residents’ Association

PARTICIPANT STATUS REQUESTS

9Prior to the CMC, the Tribunal received six Participant Status requests. The issues raised by the Participants included but were not limited to height, massing, shadowing, hydrology. Hearing no objections from the Parties, the Tribunal granted participant status to:

Leaside Baseball Association
Jill Hamilton
Peyman Pardis
Samina Alim
Jeff Latto
Karen Michelsen

MEDIATION

10The Tribunal canvassed the parties as to whether they have engaged in discussions to resolve any of the issues in the appeal, and whether they are interested in mediation. Counsel indicated that they are encouraged by the ongoing dialogue and at this time it is premature to seek Mediation. Should the Parties reach a point where mediation will be of assistance, they may request a mediation assessment through the assigned Case Coordinator.

HEARING, PROCEDURAL ORDER AND ISSUES LIST

11The Appellant has indicated that they have circulated a revised application, to address the received comments, on October 24, 2023. Ms. Hill indicated that City Council did not get a chance to provide comments on the revised application. The next City Council meeting is scheduled for February of 2024.

12Parties requested the Tribunal to schedule a 15-day Hearing by the end of 2024 and to have a second CMC in March of 2024. The Counsel has indicated that they are willing to work together on reducing the number of issues and, possibly, the length of the hearing. The Counsel requested the Tribunal to make a determination at the second CMC whether the Site Plan Amendment will be heard together with the OPA and ZBA or if it would require a separate hearing. The Tribunal also agreed that a second CMC is required in these circumstances.

13A one-day CMC will be held and is scheduled to commence by video on Monday, March 18, 2024 at 10:00 AM.

14A 15-day Hearing is scheduled to commence by video on Monday, November 25, 2024 at 10:00 AM.

15The Hearings are scheduled to proceed by video as follows: Monday, March 18, 2024 at 10:00 AM: GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979-388-733 Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889 Audio-only access code: 979-388-733 Monday, November 25, 2024 at 10:00 AM – Friday, December 13, 2024: GoTo Meeting: https://global.gotomeeting.com/join/692665589 Access code: 692-665-589 Audio-only line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889 Audio-only access code: 692-665-589

16Parties 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.

17Parties 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

18Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to the audio-only telephone line.

19Individuals 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

20THE TRIBUNAL ORDERS that the Party status is granted to:

Metrolinx
Metro Ontario Real Estate Limited
Leaside Residents’ Association

21The following are Participants in this proceeding:

Leaside Baseball Association
Jill Hamilton
Peyman Pardis
Samina Alim
Jeff Latto
Karen Michelsen

22THE TRIBUNAL FURTHER ORDERS that a second CMC is scheduled to commence as set out above in this decision. Parties are to provide a revised version of the Draft Procedural Order and Issues List to the Tribunal on or before Monday, March 4, 2024.

23THE TRIBUNAL FURTHER ORDERS that a Hearing is scheduled to commence as set out above in this decision.

24This Member is not seized.

25There will be no further notice.

“P. Tomilin”

P. tomilin

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.