Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 09, 2023
CASE NO(S).: OLT-22-004109
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant
Midtown West Residences Ltd.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the development of a 40-storey mixed-use tower with 360 Residential Units
Reference Number:
22 110042 NNY 08 OZ
Property Address:
699-711 Lawrence Avenue West
Municipality/UT:
Toronto/Toronto
OLT Case No:
OLT-22-004109
OLT Lead Case No:
OLT-22-004109
OLT Case Name:
Midtown West Residences Ltd. v. Toronto (City)
Heard:
February 09, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Midtown West Residences Ltd.
Aaron Platt
Alex Lusty
City of Toronto
Jamie Dexter
Mark Crawford (in absentia)
Uttra Gautam (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON FEBRUARY 9, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) regarding an appeal by Midtown West Residences Ltd. (“Appellant”) pursuant to s. 34(11) of the Planning Act with respect to the failure of the City of Toronto (“City”) to make a decision within the statutory timeframes on the Appellant’s proposed application for a Zoning By-law Amendment (“ZBA”).
2The Tribunal received an Affidavit of Service sworn by Christina Fracassi on November 11, 2022 confirming that Notice of this CMC was properly given and marked it as Exhibit 1 to the Hearing. There were no requests for Party or Participant status.
SUBJECT LANDS AND EFFECT OF PROPOSAL
3The Subject Lands, municipally known as 699-711 Lawrence Avenue West, are on the south side of Lawrence Avenue West and are located approximately 260 metres (“m”) west of the Lawrence West TTC subway station.
4The Subject Lands are approximately 1,811.9 square metres (“sq m”) in area and presently contain a two-storey commercial/retail plaza which would be demolished.
5The proposed Application is to permit the development of a 40-storey mixed-use apartment building with a 7-storey podium and at-grade retail uses. It would contain 360 residential units, 1,420.86 sq m of amenity space and four levels of underground parking (135 spaces) as well as long-term (325 spaces) and short-term (76 spaces) bicycle spaces.
6The proposed ZBA would amend the Former North York Zoning By-law 7625 (“ZBL 7625”) and the City’s City-Wide Zoning By-law 569-2013 (“ZBL 569-2013”) to permit a mixed-use development with additional height and density together with changes to other performance standards. If approved, the proposal would result in the Subject Lands being rezoned to a modified Mixed Use Commercial Zone (C1) under ZBL 7625 and a modified Commercial Residential Zone (CR) under ZBL 569-2013.
STATUS UPDATE
7Counsel for the Appellant provided a status update, explaining that, due to timing issues related to the Municipal Election, Counsel for the City did not yet have instructions regarding this Case. Counsel for both Parties agreed that a second CMC would be required, for which they would provide a draft Procedural Order including Issues List.
TRIBUNAL-LED MEDIATION
8The Tribunal highlighted the availability of Tribunal-led mediation. Mr. Platt indicated that the Appellant was interested in this possibility, and that it was his understanding that the City would be seeking instructions regarding this option in order work towards resolution. Mr. Dexter confirmed that he did not yet have instructions regarding mediation. The Parties were advised to contact the Case Coordinator should they wish to pursue this option.
SCHEDULING OF FUTURE HEARINGS
9The Tribunal scheduled a second CMC for Thursday, April 13, 2023 at 9:00 am by Telephone Conference Call.
10Individual(s) are directed to call 416-212-8012 or Toll Free: 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
11The Tribunal Orders that:
a. A second CMC will be held at 9 am on Thursday, April 13, 2023 by Telephone Conference Call;
b. The draft Procedural Order including Issues List will be provided to the Tribunal on or before Monday, April 3, 2023; and
c. There will be no further notice and this Member is not seized.
“S. BOBKA”
S. Bobka
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.