Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 04, 2023
CASE NO(S).: OLT-23-000479
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Lifetime 141 Roehampton Inc.
Subject: Zoning By-law Amendment
Description: To permit development of 58-storey residential building consisting of 809 residential units
Property Address: 141 Roehampton Avenue
Municipality/UT: Toronto
Municipal File No.: 22 168974 STE 12 OZ
OLT Case No.: OLT-23-000479
OLT Lead Case No.: OLT-23-000479
OLT Case Name: Lifetime 141 Roehampton Inc. v. Toronto (City)
Heard: September 14, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Lifetime 141 Roehampton Inc.
Sidonia Tomasella Matthew Helfand
City of Toronto
Jamie Dexter Kasia Czajkowski (in absentia) Michelle LaFortune (in absentia)
Madison Group
David Bronskill
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON SEPTEMBER 14, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) regarding an appeal pursuant to section 34(11) of the Planning Act (“Act”) by Lifetime 141 Roehampton Inc. (“Applicant”) against the failure of the City of Toronto (“City”) to make a decision regarding an application for a Zoning By-law Amendment (“ZBA”) within the required timeframe for the property located at 141 Roehampton Avenue.
2The Tribunal received an Affidavit of Service, sworn by Natalie Hickey, confirming that Notice of this first CMC was given, and marked it as Exhibit 1. Upon review and consideration, and with no issues raised by the Parties, the Tribunal finds that Notice was appropriately given and that no further notice is required.
3Located along the south side of Roehampton Avenue, between Yonge Street and Redpath Avenue, the Site has a frontage of approximately 44 metres (“m”) along Roehampton Avenue, a depth of approximately 59 m, and a total area of approximately 2,957 square metres (“sq m”) (0.29 hectares). It is generally rectangular in shape, with the exception of a private laneway running east-west, which extends to Redpath Avenue.
4The proposal would permit the development of a 58-storey residential building with six- and 11-storey podiums. There would be a total of 809 residential units and a gross floor area of approximately 49,000 sq m. Also included in the development would be a Privately Owned Publicly Accessible Space (“POPS”) along the frontage of Roehampton, and a mid-block connection along the eastern lot line expanding the existing pedestrian connection at 161 Roehampton Avenue.
5In terms of the zoning, the Subject Property is currently zoned as Residential R(d2.0)(x912) by the former City of Toronto By-law 438-86, which:
… permits a dwelling unit in a detached house, semidetached house, townhouse, duplex, triplex, fourplex and apartment building. A density of 2 times the size of the lot is permitted by this zoning, at a maximum height of 38 metres. The site-specific exception 912 specifies the applicable prevailing sections of By-law 438-86 that continue to apply to the subject site, which includes Section 12(2)118 and 12(2)119. Furthermore, the site-specific exception provides that any addition or extension above the first storey of a lawfully existing detached house must comply with the minimum building setbacks required by this By-law … (Exhibit 1, page 37)
6The proposed ZBA would bring the Subject Property into the City-wide Zoning By-law 569-2013 and would change the zoning to Residential (R) with a site specific exemption. It is noted that the site specific exemption would provide provisions for development standards, including:
- Maximum building height ● Maximum lot coverage ● Maximum permitted projections beyond the building envelopes ● Maximum building depth ● Maximum gross floor area ● Minimum indoor and outdoor recreational amenity areas for dwelling units ● Minimum building setbacks and separation distances.
(Exhibit 1, page 38)
STATUS REQUESTS
7The Tribunal received a request for Party status from the Madison Group (on behalf of 150 Eglinton Avenue Limited, 1594342 Ontario Limited, 164 Eglinton Holdings Limited, 2712447 Ontario Inc. and 140 Redpath Avenue Limited) in respect of the properties at 150, 160 and 164 Eglinton Avenue East and 134 and 140 Redpath Avenue, which are immediately to the south of the Subject Property. Madison Group cited a geographic interest as well as an interest in monitoring the proceedings to ensure that the proposed redevelopment of the Subject Property does not negatively impact the proposed redevelopment of its properties. The statutory Parties had no concerns with this request. Having heard submissions, upon review and consideration, the Tribunal granted this request for Party status.
8The Tribunal also received a request for Participant status from the Republic Residents’ Association. The concerns expressed included the proposal’s design, density, increased overall height, podium height and unit count as well as concerns with traffic and pedestrian congestion in the neighbourhood. Upon review and consideration, and hearing no concerns from the Parties, the Tribunal granted this request for Participant status.
Tribunal-Led Mediation
9The Tribunal highlighted the availability of Tribunal-led mediation and advised the Parties to contact the Case Coordinator should they wish to pursue this option. Update
10Counsel for Applicant advised that this appeal was filed prior to the summer recess for City Council. As a result, instructions had not yet been given but the matter is expected to be before Council in either November or December of this year. It was the joint suggestion of Counsel for all Parties that a second CMC be scheduled in January 2024, and that a draft Procedural Order (“PO”) including Issues List (“IL”) would be provided at that time.
11The Tribunal agreed with the proposed course of action and scheduled a second CMC for Thursday, January 25, 2024 at 10am by video hearing.
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 Conference Link: 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 same as 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:
a) The Madison Group is granted Party status;
b) The Republic Residents’ Association is granted Participant status;
c) A second CMC has been set for Thursday, January 25, 2024 at 10am by video hearing;
d) The draft Procedural Order (including Issues List) will be provided to the Tribunal for consideration on or before Thursday, January 11, 2024; and
e) There will be no further notice and the Member is not seized.
“S. Bobka” S. BOBKA 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.