Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 04, 2023
CASE NO(S).: OLT-22-003961
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 111 Strachan Development LP Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: OPA/ZBA to facilitate
Reference Number: 21 251437 STE 10 OZ
Property Address: 109-127 Strachan Avenue
Municipality/UT: City of Toronto
OLT Case No: OLT-22-003961
OLT Lead Case No: OLT-22-003961
OLT Case Name: 111 Strachan Development LP Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Subject: Request to amend the Zoning By-law – Failure to adopt the requested amendment
Description: ZBA to facilitate
Reference Number: 21 251437 STE 10 OZ
Property Address: 109-127 Strachan Avenue
Municipality/UT: City of Toronto
OLT Case No.: OLT-22-003962
OLT Lead Case No: OLT-22-003961
Heard: February 09, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
111 Strachan Developments LP Inc.
M. Foderick
D. Angelucci
City of Toronto
D. Elmadany
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON FEBRUARY 09, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1The matter before the Ontario Land Tribunal (the “Tribunal”) was with respect to the appeals of the failure of the City of Toronto to adopt a request to amend the Official Plan and a Zoning By-Law amendment.
2111 Strachan Development LP Inc. ("Applicant") submitted an Application for an Official Plan amendment and Zoning By-law amendment ("Application") for 109-127 Strachan Avenue ("Subject Property") to permit the redevelopment of the Property with a 14-storey mixed-use building consisting of approximately 314 residential units and 339 square metres of retail space.
3The Application was deemed complete by the City of Toronto (“City”) on December 28, 2021 and was the subject of a Preliminary Report dated April 1, 2022.
4Located within the boundaries of the Garrison North Secondary Plan and designated “Neighbourhoods” in the City of Toronto’s Official Plan, the Subject Property is a rectangular-shaped parcel of 3,327 square metres (“m²”) in size currently containing three low-rise commercial buildings and associated surface parking areas situated at the southeast corner of Strachan Avenue and Adelaide Street West.
5The Application proposes to amend the Official Plan and Zoning By-law to permit the Proposal, which consists of a 14-storey mixed-use building including stepbacks that incline away from Adelaide St. West to the north starting at the third storey totalling 21,322 m² in gross floor area. The Proposal would provide approximately 314 new residential apartment units and 339 m² of retail space.
6The purpose of the Case Management Conference (“CMC”) was to acquire status updates from both Parties in order that the Hearing of these appeals might be organized.
7The Tribunal is in receipt of the Affidavit of Service of Mr. Robert Jefferson, a planner with the firm of McCarthy Tétrault LLP, marked as Exhibit #1.
PARTICIPANT STATUS
8The Tribunal received Participant Status requests from the following:
i. Ms. Anne Beach Johnston
ii. Mr. Bill Martin
iii. Mr. Daniel Cowling
iv. Ms. Gwen MacGregor
v. Ms. Joanna De Souza
vi. Ms. Tricia Kaliciak
9There were no objections by the Parties. The Tribunal granted Participant Status to the requests.
10The Applicant informed the Tribunal that a possible Hearing date consisting of five (5) days would be sought for the Fall of 2023.
11The City informed the Tribunal that they would not yet be seeking to set a Hearing date. Toronto City Council will meet May 10 through 12, 2023, at which time Counsel for the City will be in receipt of instructions.
12Parties were seeking a second CMC by the end of May 2023.
13The Tribunal informed the Parties that OLT-led mediation is available should they wish to continue their efforts to reach an early resolution on this matter.
14The Tribunal hereby schedules a second CMC of these appeals to proceed by video on Friday, May 26, 2023 at 10 a.m.
15Parties and participants are asked to log in to 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/638422541
Access Code: 638-422-541
16Parties 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
17Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll-Free: 1-888-299-1889. The access code is 638-422-541.
18Individuals 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 Video Hearing 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
19The Tribunal has hereby scheduled a second CMC of the appeals which will proceed on Friday, May 26, 2023 at 10 a.m.
20The Tribunal requests that an Issues List and any additional documents pertaining to the scheduled CMC be submitted by May 17, 2023.
21No further Notice will be given
22The Member is not seized.
23SO 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.