Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 12, 2023
CASE NO(S).: OLT-22-003744
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Hullmark Development Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the redevelopment of the site with a 25-storey mixed-use building with ground floor retail uses and 223 residential units above
Reference Number: 21 208078 STE 10 OZ
Property Address: 147 Spadina Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003744
OLT Lead Case No.: OLT-22-003744
OLT Case Name: Hullmark Development Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Hullmark Development Ltd.
Subject: Site Plan
Description: To permit the redevelopment of the site with a 25-storey mixed-use building with ground floor retail uses and 223 residential units above
Reference Number: 21 236578 10 SA
Property Address: 147 Spadina Avenue
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-003745
OLT Lead Case No.: OLT-22-003744
Heard: September 9, 2022 by video hearing (“VH”)
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Hullmark Developments Ltd. | Eileen Costello |
| City of Toronto | Cameron McKeich Matthew Longo (in absentia) |
| 161 Spadina Inc. | Tara Piurko |
| District Lofts TSCC No. 1435 | Mark Henderson* |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. MANN ON September 9, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by Hullmark Development Ltd. (the “Applicant”/“Appellant”) following the neglect/failure of the City of Toronto (“City”) to render a decision respecting an application for a Zoning By-law Amendment (“ZBA”) and Site Plan Application (“SPA”) to permit the redevelopment of 147 Spadina Avenue (the “Subject Property”).
2The Subject Property is located on the east side of Spadina Avenue, north of Richmond Street West, currently occupied by a two-storey commercial building with a private laneway.
3The ZBA and SPA applications proposed to redevelop the Subject Property with a 25-storey mixed-use building, inclusive of a 14-storey base building and exclusive of a mechanical penthouse. The proposed development is comprised of 434 square metres (“m2”) of retail use at grade along Spadina Avenue, 223 residential units totalling 19,415 m2, 896 m2 indoor amenity space and 46 m2 outdoor amenity space.
Service of Notice of CMC
4There was no issue with service of the Notice of this CMC; therefore, no further Notice is required. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
Requests for Status
5The Tribunal received two requests for Party status: 1) 161 Spadina Inc. (“161 Inc.”); and 2) District Lofts TSCC No. 1435 (“TSCC 1435”).
6161 Inc. is the registered owner of the property municipally known as 161 Spadina Avenue, located immediately adjacent to the north of the Subject Property. Given the direct adjacency of the two properties, Counsel for 161 Inc. asserted that their client has a vested interest due to the potential impacts the proposed development may have on their property. On the consent of the Parties, 161 Inc. was granted Party status.
7TSCC 1435 is the registered owner of the property municipally known as 388 Richmond Street West, located immediately to the east of the Subject Property. They have retained a planning consultant and have raised concerns in regard to the proposed development and its design. On consent of the Parties, TSCC 1435 was granted Party status.
MEDIATION AND SETTLEMENT
8The Tribunal explored the possibility of mediation and settlement with the Parties. The Parties indicated that they have been in discussions, including the newly added Parties, 161 Inc. and TSCC 1435. The Parties have had a number of meetings and discussions are ongoing at this time.
PROCEDURAL ORDER AND ISSUES LIST
9The Tribunal inquired into the status of the Procedural Order and Issues List. Counsel for the City indicated that the last City Council meeting took place in July, 2022, and as a result, they have not had a chance to seek instructions. Counsel for the City hoped to receive instructions no later than February, 2023. The Parties proposed a second CMC be scheduled in order to provide a status update in regard to the Procedural Order and Issues List.
HEARING
10Upon request of the Parties, the Tribunal scheduled a second CMC commencing on Friday, March 31, 2023 at 10 a.m. by VH. Prior to the issuance of this Decision, the dates for the second CMC have been adjourned and replaced with Friday, October 13, 2023 at 10 a.m. by VH.. No further Notice is required for the Hearing. Parties were instructed to file a Procedural Order and Issues List within 10 days of the next Hearing date.
11Parties are asked to log into the VH 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
12Parties 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.
13Persons 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.
14Individuals 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
15The Tribunal Orders that:
The date and particulars of the hearing are set out above;
161 Spadina Inc. and District Lofts TSCC No. 1435 are granted Party status;
16The 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.