Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 29, 2023
CASE NO(S).: OLT-22-004109
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and 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: April 13, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Midtown West Residences Ltd. | Aaron Platt, Alex Lusty |
| City of Toronto | Mark Crawford, Uttra Gautam |
DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
1This was a status update regarding an appeal filed 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”).
2At the first Case Management Conference (“CMC”), Counsel for the City stated they had not yet received instructions from the City as the CMC was held shortly after the municipal election. This Telephone Conference Call (“TCC”) was held as a status update to understand how this matter would move forward.
SUBJECT LANDS AND EFFECT OF PROPOSAL
3The Subject Lands, municipally known as 699-711 Lawrence Avenue West, are approximately 1,811.9 square metres (“sq m”) in area and presently contain a two-storey commercial/retail plaza which would be demolished.
4The Subject Lands were described as being located on the south side of Lawrence Avenue West and are located approximately 260 metres (“m”) west of the Lawrence West TTC subway station.
5The proposed Application is to permit the development of a 40-storey, mixed-use apartment building with a seven-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 Zoning By-law (“ZBL”) would amend the former North York ZBL No. 7625 (“ZBL 7625”) and the City’s City-Wide ZBL No. 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) and a modified Commercial Residential Zone (CR) under the new City-wide ZBL 569-2013.
STATUS UPDATE
7Counsel for the Appellant stated that discussions have been proactive since the issuance of the initial draft Procedural Order (“PO”). The Parties clarified that a second revised PO had been created but not shared with the Tribunal because it required further specificity on wording.
8The Tribunal voiced concern that a fulsome discussion on the contents of the PO would be difficult on the TCC without having the appropriate materials in hand. The Parties informed the Tribunal that a copy would be forwarded immediately after the status update call.
9It was noted by the City, the specificity of the wording that had been at question was whether the word(s) “substantial/substantially should be included in paragraph [24] of the standard form used for POs. The City stated that should the Tribunal allow the insertion of the word(s) in paragraph [24], Counsel would be obligated to obtain further direction from City Council should revisions to the application be introduced in the future. This, the City stated, may result in a delay in the matter moving forward.
10The Tribunal reserved its consideration of the inclusion of the wording until the context was fully understood through the submission of the PO.
11Due to a number of unforeseen circumstances faced by Counsel for the Appellant, there was a delay in submission of the PO resulting in the Tribunal receiving the updated draft PO on May 25, 2023.
12Having now had the opportunity to review the PO, the Tribunal finds that the inclusion of the word(s) “substantial/substantially” would not have a significant impact as amended documents before the Tribunal are governed by Rule 7.8 of Tribunal’s Rules of Practice and Procedure (“Rules”):
Rule 7.8 Amendment of Documents:
Documents filed with the Tribunal can only be amended with the consent of the parties or by order of the Tribunal. The Tribunal may require that the person requesting an amendment do so by way of a motion under Rule 10.
13It is the direction of the Tribunal that should the matter require further notice, or if an adjournment is required to allow responding Parties to prepare for the hearing, the option still remains open to the City to provide a Motion under Rule 10 of the Tribunal’s Rules outlining their position prior to the Hearing of the Merits. It would also be for the Tribunal to determine whether any changes being considered are substantial or not.
14The Tribunal emphasized to the Parties the availability of Tribunal-led mediation to reduce the number of issues identified and assist in a possible resolution. The Parties seemed agreeable that they would look to for mediation assistance. Should the results of mediation result in a resolution or reduction in the issues outstanding, the Tribunal directed the Parties to notify the Case Coordinator as soon as possible to reduce to number of days set aside for the hearing.
MOVING FORWARD
15The Tribunal heard that the Parties were prepared to move this matter forward once the Tribunal provided direction on the wording of the second iteration of the draft PO. After canvassing the Parties as to the number of days sought to be set aside for a hearing, it was determined that a (14) fourteen-day hearing would be appropriate for this matter.
DIRECTIONS
16The Tribunal directs the Parties, on consent, to submit a final draft PO, for consideration and approval of the Tribunal through the Case Coordinator, on or before Friday, July 14, 2023.
17A hearing is scheduled to proceed by Video on Monday, May 27, 2024, at 10 a.m.
18Parties 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://global.gotomeeting.com/join/660145013
Access code: 660-145-013
19Parties 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.
20Persons 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 indicated as above.
21Individuals 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
22The Tribunal Orders its directions and rulings as set out above.
23There will be no further notice.
24This Member is not seized but remains available through the Case Coordinator should the need arise.
“D. Chipman”
D. CHIPMAN
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.