Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 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: June 1, 2023 by video hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| Berkeley Carlyle (Junction) Inc. (Appellant/Applicant) | Daniel Artenosi and Justine Reyes |
| City of Toronto | Gabe Szobel |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. MANN ON JUNE 1, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) respecting an appeal by Berkeley Carlyle (Junction) Inc. (the “Applicant/Appellant”) following City of Toronto (“City”) 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 Muldock Avenue and 6 Lloyd Avenue (“Subject Property”), in order to construct two residential buildings with heights of 15 and 17 storeys and a one 8 storey office building, all serviced by 358 parking spaces in a four level above grade parking garage, with a total Floor Space Index (“FSI”) of 5.14 within a 750 square metre building envelope (“original proposal”).
2As discussed at the first CMC, the application was originally filed in October of 2019 and city staff issued its final report in June of 2021 recommended approval. As a result of the City’s approval of Official Plan Amendment No. 537 (“OPA 537”), placing the subject property in a transit protected area allowing for significant growth, the Appellant revised its application. Following a non-decision by the City, the Appellant filed its appeal.
STATUS UPDATE
3Parties informed the Tribunal at the first CMC, that there were ongoing discussions regarding the application to account for OPA 537. The City requested and the Appellant provided materials supporting the revised application, resulting in a formal revision of its application being filed on May 19, 2023.
4The revised proposal would increase the residential building heights to 31 and 44 storeys, with modifications to setbacks and building envelope in order to address perceived massing and an FSI of 8.37. The revised proposal retains the original building envelope size, continues to incorporate the 8 storey office building, maintains its parkland requirements, maintains and improves setbacks to the railway corridor and conforms with as of right parking requirements.
5Counsel for the Appellant stated that the revised proposal on record is in compliance with the necessary planning policies and statutes, with the exception of height requirements. Although the change in heights is a result of OPA 537, the new heights exceed what would be permitted under the new policy, which has yet to received Provincial approval.
6Discussions are ongoing at this time, City staff are in the process of preparing its report, going through its process including consultation with the public and review by City council. A community council meeting will take place in September of 2023 and City council will meet regarding the revised proposal in October of this year.
7Parties plan to continue with discussions while the appeal proceeds. A draft Procedural Order and Issues List (“PO/IL”) will be prepared once the City receives instruction from council. If not on consent, matters of contest will be likely related to density, urban design and potentially engineering and servicing capacity.
8Parties requested a six (6) day hearing to address this matter, as well as a third CMC. The CMC will be used as a further status update, with parties indicating that this would allow for a determination on whether the matter can be settled, failing which a draft PO/IL will be prepared.
HEARING
9Upon request of the parties, the Tribunal set a third CMC hearing commencing on Wednesday, October 25, 2023 at 10 a.m. by VH. No further Notice is required for the hearing.
10Parties 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/709076365
Access code: 709-076-365
11Parties 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.
12Persons 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.
13Individuals 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
14THE TRIBUNAL ORDERS that:
- The date and particulars of the next CMC 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.