Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 07, 2023
CASE NO(S).: OLT-23-000799
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Centennial Hotels Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 71-storey residential mixed-use building
Reference Number: 22 204563 STE 13 OZ
Property Address: 15 Richmond Street East
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-000799
OLT Lead Case No.: OLT-23-000799
OLT Case Name: Centennial Hotels 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: Centennial Hotels Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 71-storey residential mixed-use building
Reference Number: 22 204563 STE 13 OZ
Property Address: 15 Richmond Street East
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-000800
OLT Lead Case No.: OLT-23-000799
OLT Case Name: Centennial Hotels Limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Centennial Hotels Limited
Subject: Site Plan
Description: To permit a 71-storey residential mixed-use building
Reference Number: 22 204562 STE 13 SA
Property Address: 15 Richmond Street East
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-000801
OLT Lead Case No.: OLT-23-000799
OLT Case Name: Centennial Hotels Limited v. Toronto (City)
Heard: November 14, 2023 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Centennial Hotels Limited | B. Engell |
| City of Toronto | J. Dexter D. Elmadany |
| Dream Office (GP) Inc. | R. Gill D. Bronskill (in absentia) |
| Canada Life Assurance Company | D. Pateman |
| St. Lawrence Neighbourhood Association | S. Kavanagh* |
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON NOVEMBER 14, 2023 ON AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) in the matter of appeals by Centennial Hotels Limited (“Applicant” / “Appellant”) arising from the failure of the City of Toronto (“City”) to approve a 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 a requested Zoning By-law Amendment (“ZBA”), pursuant to s. 34(11) of the Act, for the property located at 15 Richmond Street East (“subject property” / “Site”).
2The Affidavit of Service was marked as Exhibit 1.
3The Applicant is seeking to permit a 71-storey residential mixed-use building 230.85 metres (“m”) in height, comprised of a 23-storey base building and a 48-storey tower element.
4The subject property is located at the City’s downtown and the Financial Core, having immediate access to numerous TTC subway stops and bus routes. The Site is currently occupied by the “Cambridge Suites hotel” consisting of 231-unit suites-style hotel with retail commercial use at grade and registered as a condominium. To facilitate the proposal, the existing 21-storey building will be retained and altered to create a total of 565 residential dwelling units and 40,557 square metres (“m2”) of residential space, in addition to 126 m2 of retail space at grade, 21 vehicle parking spaces (seven visitor and 14 residential occupant spaces), a total of 571 bicycle parking spaces, consisting of 510 long term and 61 short term spaces. A Type G loading space is currently proposed.
PARTY STATUS REQUEST
5Prior to the CMC, the Tribunal received two Party Status requests from the owners of nearby properties. The Tribunal determined that the requestors have a bona fide interest in the proceedings, including, but not limited to setbacks, massing, issues relating to site circulation and the impact on the shared laneway. The statutory parties raised no concerns with these requests. On that basis, the Tribunal granted Party Status to:
Dream Office (GP) Inc.
Canada Life Assurance Company
6At the CMC the Tribunal received Party Status request from the St. Lawrence Neighbourhood Association (“SLNA”). The Tribunal reminded the SLNA that any status request shall be submitted to the Tribunal and other Parties at least 10 days prior to the first hearing event. Ms. Kavanagh apologized and submitted that she was out of the Country for four months and has been working with the Appellant and the City on Mediation. The SLNA proffered that it is incorporated since 1983. Mr. Engell stated that he was not surprised by the Party Status request by the SLNA and that his intention was not to exclude the SLNA from the Mediation process, and the City took no position.
7When questioned by the Tribunal whether the SLNA will take an active role in the hearing proceedings and if they are intending to have any expert witnesses, the SLNA confirmed to the Tribunal that they are in the process of retaining an Urban Planner. Given the comments received from Mr. Engell and the City, the Tribunal will make an exception and will grant Party status to SLNA.
MEDIATION
8Prior to the CMC, the Tribunal received communication from the Parties indicating that they have been working toward organizing a private mediation in this matter. Before proceeding with any mediation sessions, the Parties wanted to know whether there would be any other parties identified at the CMC. The Tribunal reminded the Parties that the Tribunal-led Mediation is still available to them.
DRAFT PROCEDURAL ORDER, ISSUES LIST AND SECOND CMC
9As a result of the upcoming private mediation, the Parties are not proceeding with a draft Procedural Order or their issues at this time. The Parties requested a second CMC to be scheduled in June of 2024.
10The purpose of the second CMC is to identify remaining issues and to schedule the hearing dates. In the event of a successful Mediation, the Parties are to contact the assigned Case Coordinator for conversion of the second CMC into a Settlement Hearing.
11A one day CMC will be held and is scheduled to commence by video on Monday, June 3, 2024 at 10 a.m.
12Parties 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:
https://global.gotomeeting.com/join/719383509
Access code: 719-383-509
13Parties 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
14Persons 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) 497-9373 or Toll Free 1-888-299-1889. The access code is 719-383-509.
15Individuals 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
16THE TRIBUNAL ORDERS that the Party status is granted as set out above in this decision.
17THE 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 Tuesday, May 21, 2024.
18This Member is not seized.
19There 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.