Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 31, 2023
CASE NO(S).: OLT-22-004660
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Berkeley Carlyle (Junction) Inc.
Subject: Zoning By-law Amendment
Description: To permit construction of two residential buildings with 535 units and a total GFA of 52,980 square metres
Property Address: 159,161-181 Mulock Ave & 6 Lloyd Ave
Municipality/UT: Toronto
Municipal File No.: 19 239452 WET 05 OZ
OLT Case No.: OLT-22-004660
OLT Lead Case No.: OLT-22-004660
OLT Case Name: Berkeley Carlyle (Junction) Inc. v. Toronto (City)
Heard: February 16, 2023 by video hearing (“VH”)
APPEARANCES:
Parties
Counsel/Agent*
Berkeley Carlyle (Junction) Inc. (Appellant / Applicant)
Daniel Artenosi and Michael Cara
City of Toronto
Gabe Szobel
MEMORANDUM OF ORAL DECISION DELIVERED BY S. MANN ON February 16, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by Berkeley Carlyle (Junction) Inc. (the “Applicant/Appellant”) following City of Toronto Council’s failure to render a decision within the statutory time frame respecting an application for a Zoning By-law Amendment to permit the re-development 159, 161-181 Mulock Avenue and 6 Lloyd Avenue (“Subject Property”), currently a vacant and residential property.
2A number of planning instruments were being processed at the same time as the application. The application was filed prior to Official Plan Amendment 231 (“OPA 231”), allowing for parks, open spaces as well as mixed use. The Appellant’s objective was to bring forward zoning to match OPA 231 for the Subject Property. In addition, the Official Plan Amendment 537 (“OPA 537”) was adopted July 22, 2022. OPA 537 proposes to designate a protected transit area, which would lead to minimum densities to support the use of major transit areas. A final change in policy included the City of Toronto’s (“City”) adoption of the new community benefits charge By-law, replacing the former s. 37 regime. As a result of the need for modifications to the application due to the new regime, it led to a non-decision by the City.
3The proposed development consists of two residential buildings with heights of 15 and 17-storeys, one office building with a height of eight-storeys and an 868 square metre (“m2”) public park on the southwest portion of the Subject Property, which will front onto both Lloyd Avenue and Mulock Avenue. The development concept would include approximately 535 residential units, with a total gross floor area of 52,980 m2, including 9,366 m2 for non-residential use and a floor space index of 6.0 times the area of the Subject Property. A total of 358 parking spaces would be contained in a four level above grade garage.
Service of Notice of CMC
4There was no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
Requests for Status
5No individuals or parties appeared seeking status in regards to the matter.
MEDIATION AND SETTLEMENT
6The Tribunal explored the possibility of mediation and settlement with the parties. The parties indicated that there have been discussions but requested the matter proceed while discussions continue. The parties proposed a second CMC be scheduled in order to provide a status update on the appeal as well provide a roadmap of resolution.
HEARING
7Upon request of the parties, the Tribunal set a second CMC hearing commencing on Thursday, June 1, 2022 at 10 a.m. by VH. No further Notice is required for the hearing.
8Parties 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 Conference Link: https://global.gotomeeting.com/join/656004293
Access code: 656-004-293
9Parties 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.
10Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
11Individuals 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 VH 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
12THE TRIBUNAL ORDERS that:
The date and particulars of the hearing are set out above;
The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“S. Mann”
S. MANN
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.