Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 15, 2023
CASE NO(S).: OLT-22-004353
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Park Central GP Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 13-storey, 417 Unit Mixed Use Development
Reference Number: 21 250500 ESC 25 OZ
Property Address: 4630 Kingston Road
Municipality: City of Toronto
OLT Case No.: OLT-22-004353
OLT Lead Case No.: OLT-22-004353
OLT Case Name: Park Central GP Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S. O. 2006, c. 11 Sched A.
Applicant/Appellant: Park Central GP Inc.
Subject: Site Plan Approval
Description: To permit a 13-storey, 417 Unit Mixed Use Development
Reference Number: 21 250500 ESC 20 SA
Property Address: 4630 Kingston Road
Municipality: City of Toronto
OLT Case No: OLT-22-004354
OLT Lead Case No: OLT-22-004353
Applicant/Appellant: Park Central GP Inc.
Heard: January 13, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Park Place GP Inc.
R. Gill
City of Toronto
A. Ward/M. Hardiejowski
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON JANUARY 13, 2023 AND ORDER OF THE TRIBUNAL
1The matter before the Ontario Land Tribunal (the “Tribunal”), was with respect to the appeals of the non-decision of the City of Toronto (the “City”) regarding applications to amend the Zoning By-law and for Site Plan Approval, all pertaining to 4630 Kingston Road, Toronto.
2The Applicant proposes a 13-storey (41.2 metres high including mechanical penthouse) mixed-use building with a gross floor area 28,569.9 square metres (“sq m”). The proposed building is 'U' shaped with the bulk of the mass presenting along the Kingston Road frontage. The rear of the building is proposed to terrace down toward the north property line. A total of 417 residential dwelling units and 273.1 sq m of retail floor area are proposed.
3The proposal also includes a 750 sq m block of land to be conveyed to the City to form a new park. If accepted, the site area after the conveyance of the park would be 6,781.7 sq m. The density is 4.22 times the area of the lot, after park conveyance.
4The Applicant is proposing 417 residential units including: 58 studio (13.9%), 154 one-bedroom (36.9%), 148 two-bedroom (35.5%), 41 three-bedroom (9.8%) and 16 townhouse units (3.8%).
5Two-way vehicular access is proposed via Manse Road at the north end of the site. The driveway provides access to the below-grade parking garage, the loading/servicing area (containing one Type 'G' loading space) and a surface level drop-off circle. A total of 230 resident parking spaces, 70 visitor parking spaces and 4 retail parking spaces are proposed within the two (2)-level underground parking garage. A total of 314 bicycle parking spaces are proposed within the first floor and underground garage.
6An application to amend the City of Toronto Zoning By-law No. 569-2013, as amended and the West Hill Community Zoning By-law No. 10327, as amended, is required to establish zoning standards to facilitate the development of the proposal such as building height and setbacks.
7City Council failed to make a decision within the statutory timeframe.
8The purpose of the Case Management Conference (the “CMC”) was to receive status updates from all parties and to organize the hearing of these appeals.
9The Appellant submitted an Affidavit of Service sworn by Renata Ribeiro on December 14, 2022 and is marked as Exhibit 1.
10The Tribunal was informed that an Issues List and final Procedural Order had not yet been approved by City Council and will be submitted on consent once they are finalized.
11The Tribunal was presented with no Status requests.
12The Tribunal heard that the Parties are seeking a four (4) day hearing.
13The Tribunal hereby schedules a hearing of these appeals commencing on Monday, September 25, 2023 at 10 a.m. Four (4) days have been set aside.
14Parties 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://meet.goto.com/558205565
Access code: 558-205-565
15Parties 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
16Persons 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 558-205-565.
17Individuals 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.
18No further notice will be given
19The Member is not seized, but may be contacted through the Case Coordinator should procedural matters arise.
20So Orders the Tribunal.
“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.