ISSUE DATE: November 29, 2024
CASE NO(S).: OLT-24-000942
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 4158 Kingston Road Inc. co. North American Development Group
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To facilitate 20-storey mixed-use building containing 320 dwelling units with retail at grade
Reference Number: 22 168468 ESC 24 OZ
Property Address: 4158 to 4180 Kingston Road and 8 to 12 Overture Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-24-000942
OLT Lead Case No.: OLT-24-000942
OLT Case Name: North American Development Group v. Toronto (City)
Heard: November 22, 2024 by Video Hearing
Parties
Counsel
4158 to 4180 Kingston Road Inc.
Jonathan Cheng
c/o North American Development
Patrick Duffy (in absentia)
Group
City of Toronto
Ariel Lo-Wong
Jessica Braun (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON NOVEMBER 22, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This event was the first Case Management Conference (“CMC”) convened for an Appeal brought by 4158 to 4180 Kingston Road Inc. c/o North American Development Group (“Applicant”/“Appellant”) on an application for a Zoning By-law Amendment. The Appeal was filed pursuant to s. 34(11) of the Planning Act on the failure of the City of Toronto (“City”) to make a decision on the Application within the statutory timeframe.
2The Subject Property are municipally known as 4158 to 4180 Kingston Road and 8 to 12 Overture Road, in the City (“Subject Property”).
3The Application is to amend Zoning By-Law No. 569-2013 to introduce site specific provisions to facilitate a 20-storey mixed-use building containing 320 dwellings comprised of: 120 one-bedroom units (38%), 94 one-bedroom plus den units (29%), 74 two bedroom units (23%), and 32 three-bedroom units (10%) with retail at grade.
PROCEDURAL MATTERS
4The Tribunal received an initial sworn Affidavit of Service dated October 24, 2024, attesting that Notice of the CMC was duly served and was marked as Exhibit 1.
5Having had a number of the Notices returned by mail a Supplementary Affidavit of Service was sworn on November 20, 2024, attested to the reissuance of the Notice of Hearing. The Supplementary Affidavit was marked as Exhibit 2 to the proceedings.
PARTY STATUS REQUESTS
6The Tribunal received no requests for Party status.
PARTICIPANT STATUS REQUESTS
7The Tribunal received one Participant status request from Maria Cichosz who raised concerns with shadow, loss of sky view, impact on neighbourhood character and parking issues.
CMC HEARING
8Counsel for the Applicant requested a second CMC to set dates for a merit hearing. Being in the early stages of the Appeal, Counsel for the City indicated that there has been no direction provided by Council as of this date. It is anticipated that City Council after its meeting in mid-December 2024 would provide direction on it if they wish to proceed. A second CMC was requested for early February 2025.
MEDIATION
9The Parties indicated that discussions would continue to take place in order to prepare a draft Procedural Order and Issues list before the next CMC. The Parties indicated that should they require the assistance of Tribunal-led mediation in an effort to clarify or scope any of the Issues they will contact the Case Coordinator.
PROCEDURAL ORDER (“PO”) AND ISSUES LIST (“IL”)
10The Parties are directed to submit to the Case Coordinator on or before January 20, 2025, a draft PO and IL for discussion at the next CMC at which time a merit hearing will be scheduled.
SECOND CMC DATE
11A second CMC will commence Monday, February 3, 2025, at 10 a.m. by video hearing.
12Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
13Parties and/or 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 GoTo Meeting 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 it by calling in to an audio-only telephone line: Toll-Free 1(888) 299-1889 or +1 (647) 497-9373. The access code is: 519-389-173.
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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
16The Tribunal inquired as to whether there were any other matters to be addressed, which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated that there were none.
ORDER
17The directions set out above are so ordered.
18The Tribunal grants Participant status to Maria Cichosz.
19This Member is not seized.
20No further notice will be given.
“D. Chipman”
D. CHIPMAN
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.