Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 25, 2023
CASE NO(S).: OLT-23-000182
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Tri-Metro Investments Inc.
Subject: Official Plan Amendment
Description: To permit mixed-use development consisting of 35-storey and 55-storey towers, providing 1,139 residential units
Property Address: 2721 Danforth Avenue
Municipality/UT: Toronto
Municipal File No.: 21 235157 STE 19 OZ
OLT Case No.: OLT-23-000182
OLT Lead Case No.: OLT-23-000182
OLT Case Name: Tri-Metro Investments 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: Tri-Metro Investments Inc.
Subject: Zoning Bylaw Amendment
Description: To permit mixed-use development consisting of 35-storey and 55-storey towers, providing 1,139 residential units
Property Address: 2721 Danforth Avenue
Municipality/UT: Toronto
Municipal File No.: 21 235157 STE 19 OZ
OLT Case No.: OLT-23-000183
OLT Lead Case No.: OLT-23-000182
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Tri-Metro Investments Inc.
Subject: Plan of Subdivision
Description: To permit mixed-use development consisting of 35-storey and 55-storey towers, providing 1,139 residential units
Property Address: 2721 Danforth Avenue
Municipality/UT: Toronto
Municipal File No.: 21 235158 STE 19 SB
OLT Case No.: OLT-23-000184
OLT Lead Case No.: OLT-23-000182
Heard: June 29, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative
Tri-Metro Investments Inc.
Mark Flowers Andy Margaritis
City of Toronto
Jason Davidson Michelle LaFortune
Minto (Dawes GP Inc.)
John Dawson Belinda Schubert
Jacobs Tent Inc. (Talisker)
Michael Cara Daniel Artenosi
6 Dawes Fitzrovia Inc
Michael Cara Daniel Artenosi
Dandaw Developments Limited
Matthew Schuman Michael Foderick
Canadian Tire Real Estate Limited
Signe Leisk Jennifer Evola
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON JUNE 29, 2023 AND FINAL ORDER OF THE TRIBUNAL
1This matter includes three appeals brought by Tri-Metro Investments Inc. (Applicant) under subsections s. 22(7) regarding an Official Plan Amendment; s. 34(11) for Zoning By-law Amendment; and s. 51(34) for the requested Plan of Subdivision.
2The Applicant plans to redevelop lands known municipally as 2721 Danforth Avenue in the City of Toronto (the “City”). The proposal entails two towers to be erected providing for approximately 1139 condominium units and further land dedications to provide for a parkland area and lands allocated for road widening.
3The Tribunal reviewed an Affidavit of Service for this first Case Management Conference (CMC) sworn jointly by Olga Karmanova and Keith Marshall and dated June 7, 2023. The Tribunal determined that the service for the Notice of the CMC was duly effected. The Affidavit on record with the Tribunal was marked as Exhibit 1.
REQUESTS FOR STATUS
4The Tribunal received five requests for the grant of party status. The submissions for these requests were reviewed including the planning issues raised by the requestors and were also further discussed at the CMC. The Tribunal was satisfied with all requests and additionally in consideration of the consent of the Applicant and the City; the Tribunal granted Party status to all five requestors.
5The Tribunal grants Party status to the following;
a. Minto (Dawes GP Inc.)
b. Jacobs Tent Inc. (Talisker)
c. 6 Dawes Fitzrovia Inc.
d. Dandaw Developments Limited
e. Canadian Tire Real Estate Limited
SETTING OF A HEARING
6The Applicant after reviewing the brief history of the Application and also the context of OPA-478 as a Special Area Specific Policy 577 being adopted by the City after the Applications were made.
7The Tribunal informed the parties regarding Tribunal led mediation services that may be assistance.
8Based on the draft Procedural Order (“PO”) provided to the Tribunal, the Applicant suggested that a possible 10 to 15 day duration for a hearing would be appropriate. The key areas of possible land use planning evidence were highlighted as being land use, traffic, servicing and urban design.
9The parties undertook to submit to the Tribunal on consent a final draft of the PO by July 21, 2023.
10All parties participated in further discussions and contributed towards establishing scope and duration for a hearing on the merits for the three appeals.
11The Tribunal set a hearing with a duration of 15 days commencing on September 23, 2024 at 10 a.m.
12Parties 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 Link: https://global.gotomeeting.com/join/719383509
Access code: 719-383-509
13Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
14Persons 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 same as mentioned above.
15Individuals 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.
16There will be no further notice.
17This Member is not seized but may be approached for any case management matters should any issues arise.
18The directions in this decision are so Ordered.
“Jatinder Bhullar”
JATINDER BHULLAR
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.