Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 06, 2023
CASE NO(S).: OLT-23-000689
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: North Park Shopping Centres Limited
Subject: Application to amend the Zoning By-law – neglect to make a decision
Description: Proposal to redevelop the Lands with a new 25-storey residential tower.
Reference Number: 22 204291 WET 05 OZ
Property Address: 2351 and 2355 Keele Street
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-000689
OLT Lead Case No: OLT-23-000689
OLT Case Name: North Park Shopping Centres limited v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S. O. 2006, c. 11 Sched A.
Applicant/Appellant: North Park Shopping Centres Limited
Subject: City of Toronto Site Plan Approval
Description: Proposal to redevelop the Lands with a new 25-storey residential tower.
Reference Number: 22 204290 WET 05 SA
Property Address: 2351 and 2355 Keele Street
Municipality/UT: Toronto/Toronto
OLT Case No: OLT-23-000690
OLT Lead Case No: OLT-23-000689
Heard: September 26, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
North Park Shopping Centres Limited
David Bronskill
City of Toronto
Gabe Szobel
MEMORANDUM OF ORAL DECISION DELIVERED BY A. Mason and David brown on september 26, 2023 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) before the Tribunal with respect to appeals brought under s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended and s. 114(15) of the City of Toronto Act,2006, S. O. 2006, c. 11 Sched A. from the failure of the City of Toronto (“City”) to make a decision within the timeframes prescribed for an Application for an Amendment to the Zoning By-law (“ZBA”) and an Application for Site Plan Control (“Applications”). The appeals have been filed by North Park Shopping Centres Limited (“Applicant/Appellant”) regarding the properties municipally known as 2351 and 2355 Keele Street (“Subject Property”).
2The Subject Property is located on the east side of Keele Street, approximately 100 metres south of Lawrence Avenue West and is designated as Mixed-Use Areas in the City Official Plan. Currently, the Subject Property is largely vacant consisting of a grassy area and an informal walking path that cuts diagonally across the land to adjacent commercial uses. A portion of the parking area associated with the adjacent low-rise shopping plaza is located on the Subject Property.
3The Applications will facilitate the development of the Subject Property with a 25-storey residential building of approximately 254 residential units, and an associated four-storey above-grade parking structure.
4The Tribunal is in receipt of an Affidavit of Service sworn on August 29, 2023, confirming that Notice for these proceedings was provided in accordance with the direction provided by the Tribunal (Exhibit 1).
STATUS REQUEST
5The Tribunal received a written request for Participant status from the Liquor Control Board of Ontario (“LCBO”), marked as Exhibit 2, which operates a retail store in the adjacent low-rise shopping plaza known municipally as 1339 Lawrence Avenue West. LCBO’s interest is in monitoring the appeals to ensure current operational arrangements are not unduly impacted and that the proposed development represents good planning. No objections were presented from the Applicant/Appellant or City to this request and the Tribunal granted the LCBO Participant Status.
NEXT STEP
6The Applicant/Appellant and the City jointly requested that the Tribunal schedule a further CMC to provide additional time for scoping of issues, and potential settlement discussions and for the City to seek direction from the City Council.
7The Tribunal scheduled a further CMC by video on Tuesday, January 16, 2024, commencing at 10 a.m.
8Parties and participants OR anyone seeking party or participant status] 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/979388733
Access code: 979-388-733
9Parties 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
10Persons 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: +1(647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is as indicated above.
11Individuals 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.
12The Tribunal directed that the Parties provide a draft Procedural Order and Issues List seven days in advance of the CMC on Tuesday, January 9, 2024.
ORDER
13THE TRIBUNAL ORDERS that the Liquor Control Board of Ontario is granted Participant status in this proceeding.
14AND THE TRIBUNAL ORDERS that a second Case Management Conference will be held on January 16, 2024, commencing at 10 a.m. by video hearing as set out in paragraphs [8] through [11] inclusive above.
15The Tribunal directs the Parties to provide a draft Procedural Order and Issues List seven days in advance of the CMC on January 9, 2024.
“A. Mason”
A. MASON
MEMBER
“David Brown”
DAVID BROWN
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.