Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 16, 2023
CASE NO(S).: OLT-22-004294, OLT-22-004295
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 3291 Kingston Road GP Inc. Subject: Request to amend the Official Plan - Failure to adopt the requested amendment Purpose: To permit an 11-storey residential building Property Address: 3291 Kingston Road, 2 Windy Ridge Drive and 4 Windy Ridge Drive Municipality: City of Toronto Municipal File No.: 20 209863 ESC 20 OZ OLT Case No.: OLT-22-004294 OLT Lead Case No.: OLT-22-004294 OLT Case Name: 3291 Kingston Road GP Inc. 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: 3291 Kingston Road GP Inc. Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision Purpose: To permit an 11-storey residential building Property Address: 3291 Kingston Road, 2 Windy Ridge Drive and 4 Windy Ridge Drive Municipality: City of Toronto Municipal File No.: 20 209863 ESC 20 OZ OLT Case No.: OLT-22-004295 OLT Lead Case No.: OLT-22-004294
Heard: March 8, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 3291 Kingston Road GP Inc. ("Appellant") | Rodney Gill |
| City of Toronto | Daniel Elmadany |
| Cliffcrest Scarborough Village SW Residents Association | William H. Roberts |
| Antonio and Iwona D Tullio | Christina Kapelos |
| Paul and Ingrid Vincent | Christina Kapelos |
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD AND CARMINE TUCCI ON MARCH 8, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1A Case Management Conference (“CMC”) was convened to consider the appeal brought by 3291 Kingston Road GP Inc. against the failure of City of Toronto (“City”) Council to consider and make decisions with respect to requests to amend the Official Plan and Zoning By-law for lands known municipally as 3291 Kingston Road, 2 Windy Ridge Drive and 4 Windy Ridge Drive, in order to permit an 11-storey residential building containing 309 residential units.
2The Appellant requested that this matter be adjourned to a third CMC. The Appellant sought additional time to consider feedback from the other parties and possibly respond with some design changes. The Appellant will be engaging in continued discussions with the other parties regarding amendments. The other parties were not opposed to the request for a third CMC.
3The parties undertook to prepare a draft Procedural Order (“PO”) and Issues List in advance of the next date. If this matter settles, the Appellant would instead file affidavit evidence in support of settlement prior to the next date.
4The parties agreed to a third CMC being scheduled in late May or June 2023. Accordingly, the Tribunal scheduled a further CMC on Friday, June 2, 2023, at 10 a.m. by Video Hearing.
5Parties 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 Meeting: https://global.gotomeeting.com/join/909787981
Access Code: 909-787-981
6Parties 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
7Persons 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: 1-888-299-1889 or +1 (647) 497-9391. The Access Code is 909-787-981.
8Individuals 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
1A third CMC is scheduled on Friday, June 2, 2023, at 10 a.m. by Video Hearing.
2The Parties shall submit a draft PO with an attached Issues List to the Case Coordinator by Friday, May 19, 2023.
3If this matter settles in advance of the next CMC, the Appellant shall file affidavit evidence in support of settlement by Friday, May 19, 2023.
4The Panel Members (or either one of them) are seized.
“Jennifer Gold”
JENNIFER GOLD MEMBER
“Carmine Tucci”
CARMINE TUCCI 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.