Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 01, 2023
CASE NO(S).: OLT-23-000861
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Kingston Residences Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the redevelopment of the Subject Lands with a 13-storey mixed-use-building with approximately 483 residential units
Reference Number: 22 179753 ESC 25 OZ
Property Address: 4674 Kingston Road
Municipality: City of Toronto
OLT Case No.: OLT-23-000861
OLT Lead Case No.: OLT-23-000861
OLT Case Name: Kingston Residences Inc. v. Toronto (City)
Heard: November 21, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Kingston Residences Inc.
A. Platt
City of Toronto
A. Ward
M. Hardiejowski (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON NOVEMBER 21, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is a first Case Management Conference (“CMC”) relating to an Appeal pursuant to s. 34 (11) of the Planning Act (“Act”) from the failure of the City of Toronto (“City”) to make a decision within the statutory timeframe with respect to a Zoning By-law Amendment (“ZBA”). The Appeal has been filed by Kingston Residences Inc. (“Appellant”/ “Applicant”) regarding the property located at 4674 Kingston Road (“Subject Property”).
2The purpose of the ZBA application is to facilitate the Proposed Development (“Proposal”) and intensification of the Subject Property with a 13-storey mixed-use building containing approximately 483 new residential units. The application was deemed complete by the City on August 11, of 2022.
3The Proposal includes a total Gross Floor Area (“GFA”) of approximately 31,076.6 square metres (“m2”), comprising of a residential GFA of approximately 30,411.2 m2 and a retail/non-residential GFA above grade of approximately 665.4 m2. In addition, the Proposal includes approximately 2,034.2 m2 of indoor/outdoor amenity space, a total of 196 parking spaces, a total of 379 long term/short term bicycle parking spaces, and ten additional publicly accessible short term bicycle parking spaces.
4The Tribunal is in receipt of an Affidavit of Service for the Hearing sworn on October 27, 2023, by Darlene Power and confirms that Notice of this CMC was properly circulated and is marked as Exhibit 1.
STATUS REQUESTS, PROCEDURAL ORDER AND ISSUES LIST
5There were no other Party Status requests.
6There are four (4) Participant Status Requests submitted to the Tribunal including:
a) Sheila Togwood;
b) Deborah Elliott;
c) Richard Skene; and,
d) Heather Bruce.
7This correspondence reflects issues of concern with the Appeal including but not limited to the following:
- Height and density;
- Shadowing and privacy;
- Traffic, parking, emergency services and private roadway access;
- Tree preservation, wind and noise;
- Impact on local recreational facilities including the Highland Creek Sports Pad (public park);
- Impact on a bordering brick wall and fencing; and,
- Liability and public safety.
8There were no objections from the Parties to the addition of the above referenced Participants to the matter. Therefore, the Tribunal confers Participant Status on:
a) Sheila Togwood;
b) Deborah Elliott;
c) Richard Skene; and,
d) Heather Bruce.
9The Parties both agreed that a further CMC should be scheduled in early 2024, allowing time for City Council’s consideration of the Issues List (“IL”) at its Council meeting in mid-December 2023, at which point Counsel for the City would submit its final IL to Counsel for the Appellant in early January 2024.
10The Tribunal concurs with this approach, and after careful consideration with respective schedules, determines that a further CMC is scheduled to commence on Tuesday, January 16, 2024, by Video at 10 a.m.
11Parties 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:
GoToMeeting: https://meet.goto.com/370987861
Access Code: 370-987-861
12Parties 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
13Persons 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: +1 (647) 497-9391 or Toll Free: 1 888-455-1389.The access code is as indicated above.
14Individuals 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.
15The Parties advised the Tribunal of a willingness on both sides to seek a resolution of the Appeal. The Tribunal is encouraged that the Parties agree to continue their ongoing dialogue in an effort to scope issues and to achieve some consensus around the issues described relating to the Appeal. The Parties were also encouraged to seek Tribunal-led mediation to assist in consideration of the matter if mutual agreement exists.
16Finally, the Tribunal also directs that the Parties provide the Tribunal with a Draft Procedural Order and IL, on or before Friday, January 12, 2024, to assist the Tribunal in the scheduling of a Hearing event at its discretion.
ORDER
17THE TRIBUNAL ORDERS that:
I. A further Case Management Hearing is scheduled to commence on Tuesday, January 16, 2024, by Video at 10 a.m.
II. The Parties shall submit the Draft Procedural Order and Issues List to the Case Coordinator on or before Friday, January 12, 2024.
III. The following individuals are conferred Participant Status:
a) Sheila Togwood;
b) Deborah Elliott;
c) Richard Skene; and,
d) Heather Bruce.
18There will be no further notice.
19The Member is not seized on this matter.
“Steven T. Mastoras”
STEVEN T. MASTORAS
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.