Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 13, 2023
CASE NO(S).: OLT-23-000244
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 179-183 King Developments Inc. and 185 King Developments Inc.
Subject: Zoning By-law Amendment
Description: To permit 33-storey mixed-use building with 190 residential units and 140 commercial hotel units
Property Address: 179 – 185 King Street E
Municipality/UT: Toronto
Municipal File No.: 22 189358 STE 13 OZ
OLT Case No.: OLT-23-000244
OLT Lead Case No.: OLT-23-000244
OLT Case Name: 179-183 King Developments Inc. and 185 King Developments Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A, as amended
Applicant/Appellant: 179-183 King Developments Inc. and 185 King Developments Inc.
Subject: Site Plan
Description: To permit 33-storey mixed-use building with 190 residential units and 140 commercial hotel units
Property Address: 179 – 185 King Street E
Municipality/UT: Toronto
Municipal File No.: 22 189357 STE 13 SA
OLT Case No.: OLT-23-000245
OLT Lead Case No.: OLT-23-000244
Heard: September 5, 2023 by video hearing ("VH")
APPEARANCES:
| Parties | Counsel/Agent* |
|---|---|
| 179-183 King Developments Inc. and 185 King Developments Inc. (Appellants / Applicants) | Eileen Costello |
| City of Toronto | Mathew Longo |
| St. Lawrence Neighbourhood Association ("SLNA") | Stewart Linton* |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS and J. Innis ON September 5, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference ("CMC") respecting an appeal by 179-183 King Developments Inc. and 185 King Developments Inc. The appeal arises following a non-decision concerning applications for a Zoning By-law Amendment ("ZBA") and Site Plan Approval to permit a 33-storey mixed-use building with 190 residential units and 140 commercial hotel units.
Service of Notice of CMC
2There is no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status
3The Tribunal received a total of 14 Participant requests but elected to defer all such requests until the next CMC. The reason for deferring these requests is because the statutory Parties have already engaged in some discussions regarding the merits of the subject applications, and the Applicants have since submitted a revised proposal which is now being considered by the City. It is also evident from the various Participant requests that the requestors have not had an opportunity to consider the revised proposal. In addition, the City’s position regarding the new proposal, as voted by council, has yet to be determined. Consequently, to avoid unnecessarily burdening the Tribunal proceedings with out-of-date and potentially irrelevant Participant Statements, the Tribunal found it prudent to defer consideration of all Participant requests until the next CMC.
4Relatedly, the Tribunal set a deadline of December 15, 2023, for all existing and new requestors to re-submit/submit a Participant Request Form and Statement based on the revised proposal. To be clear, the Tribunal will not consider any of the existing requests, and new Participant requests will also be considered in addition to those from persons who have already made a request. Furthermore, the Tribunal notes that it is possible that the Applicants’ proposal may be revised again, depending on demands made by the City following the present CMC and before the December 15, 2023 deadline, so it may be prudent for requestors to wait until it appears that the Applicants’ proposal is in its latest/final form prior to the deadline.
5The Tribunal is in receipt of two Party Status requests. The Tribunal notes that the statutory restrictions regarding adding Parties pursuant to s. 24.1 of the Planning Act does not apply in the present case because the appeal arises pursuant to s. 34(11) following a non-decision by the City, not a refusal.
6Peter Benninger attended the CMC upon his submission of a Party Status Request Form. However, he immediately confirmed that he meant to request Participant Status. He was therefore advised by the Tribunal to submit a Participant Status Request Form and Statement in advance of the next CMC.
7The SLNA also attended the CMC seeking Party Status. The Tribunal considered also deferring this request to the next CMC; however, the SLNA and the existing Parties confirmed that the SLNA will be engaged in resolution efforts with the statutory parties prior to the next CMC, and the SLNA therefore wishes to formalize its status and involvement in those discussions as a Party.
8As a result, and on consent of the original parties, the Tribunal finds it prudent to grant Party Status to the SLNA on an interim basis for the purpose of resolution efforts only. Such status will be reviewed at the next CMC, and it will only be extended at the discretion of the presiding Member of that CMC. For clarity, the Tribunal is not currently granting the SLNA full Party Status to enable it to fully participate in a contested hearing or a settlement hearing if a settlement hearing should arise. However, this does not prevent the Tribunal from granting such full Party Status to the SLNA in the future.
MEDIATION AND SETTLEMENT
9The Tribunal explored the possibility of mediation and settlement with the Parties. The Parties both expressed openness to resolution discussions and/or Tribunal led mediation. They further confirmed that they will keep the Tribunal apprised of any developments with their resolution efforts and will provide a full update at the next CMC.
PROCEDURAL ORDER AND ISSUES LIST
10The City explained that it cannot confirm the City’s position regarding the contents of a draft Procedural Order and Issues List until it receives instructions from Council. However, the Parties confirmed that a draft Procedural Order and issues list will be filed with the Tribunal prior to the next CMC.
SECOND CMC
11Upon request of the parties, the Tribunal set a second CMC hearing commencing on Thursday, January 11, 2024 at 10:00 a.m. by VH. No further Notice is required.
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.
https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
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 GoToMeeting 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 as indicated 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.
ORDER
16THE TRIBUNAL ORDERS that:
The date and particulars of the second CMC are set out above;
St. Lawrence Neighbourhood Association is granted Party Status on an interim basis for the purpose of being involved in resolution efforts between now and the second CMC. The Tribunal may elect to extend the St. Lawrence Neighbourhood Association’s limited Party Status, or grant full Party Status, at the next CMC;
Persons have until December 11, 2023, to submit new Participant Status Request Forms and new/updated Participant Statements. No such Forms or Statements currently submitted to the Tribunal will be considered; and
The Parties shall file a draft Procedural Order and Issues List prior to the second CMC.
17The Members are not seized.
"K.R. Andrews"
K.R. ANDREWS MEMBER
"J. Innis"
J. Innis 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.