Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 03, 2024
CASE NO(S).: OLT-23-001063
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Jacob's Tent Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the additional development of 5 new mixed-use buildings to the subject property Reference Number: 22 196279 STE 19 OZ Property Address: 2575 & 2625 Danforth Avenue Municipality/UT: Toronto/Toronto OLT Case No: OLT-23-001063 OLT Lead Case No: OLT-23-001063 OLT Case Name: Jacob's Tent Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 114(15) of the City of Toronto Act, 2006, S. O. 2006, c. 11 Sched A.
Applicant/Appellant: Jacob's Tent Inc. Subject: City of Toronto Site Plan Approval Description: To permit the additional development of 5 new mixed-use buildings to the subject property Reference Number: 22 195995 STE 19 SA Property Address: 2575 & 2625 Danforth Avenue Municipality/UT: Toronto/Toronto OLT Case No: OLT-23-001064 OLT Lead Case No: OLT-23-001063
Heard: November 25, 2024 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Jacob’s Tent Inc. | Daniel Artenosi, Michael Cara |
| City of Toronto | Laura Bisset, Jason Davidson |
| Metrolinx | Robert Wood |
| Canadian Tire Real Estate Ltd. | Matthew Lakatos-Hayward |
| Tri-Metro Investments Inc. | Did not attend |
| Minto Communities on behalf of Minto (Dawes) GP Inc. | Belinda Schubert |
| Dandaw Developments Ltd. | Daniel Angelucci |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON NOVEMBER 25, 2024 AND ORDER OF THE TRIBUNAL
1This is the second Case Management Conference (“CMC”) concerning the subject appeal. The appeal arises following a non-decision by the City regarding a Zoning By-law Application (“ZBA”) to permit specific development at 2575 & 2625 Danforth Avenue.
2The present CMC was scheduled to provide the parties with an opportunity to update the Tribunal on any progress in reducing, scoping or narrowing the issues, or to deal with any other matters which may arise. At the outset of the hearing, the Tribunal was informed that the parties had an update involving the resolution of many of the case’s issues.
3The parties explained that they had essentially settled all of the issues “in principle” with all of the parties except Metrolinx, pending only a final determination of the precise wording of the requested ZBA to be sought for approval. Of note, the resolution involves changes to the underlying development plans. A summary of the changes was provided as follows:
- Original Proposal: 5 new mixed-use buildings with heights ranging from 15 to 55 storeys, facilitating a total of 1,543 new residential units. Total gross floor area is 199,885 m2 inclusive of the 4 existing residential apartment buildings and 6,073 m2 of non-residential gross floor area.
- Revised Proposal: 4 new mixed-use buildings with heights ranging from 15 to 55 storeys, facilitating a total of 1,649 new residential units. A new public park is included at the southeast corner of the site comprised of a land area of 2,181 m2. Total gross floor area is 209,899 m2 inclusive of the 4 existing residential apartment buildings and 5,074 m2 of non-residential gross floor area.
4Regarding Metrolinx, counsel for the Appellant, City and Metrolinx explained that they are still working on resolving particulars concerning an easement in favour of the City to adequately provide access to the Danforth Go Station. They confirmed that this is the extent of their remaining issues to be resolved.
5Counsel for the parties indicated that it is already likely that some of the scheduled hearing dates may be released, given the resolution of most of the issues between most of the parties. However, they requested that the Tribunal wait until the Appellant, City and Metrolinx have had an opportunity to address their remaining issues before confirming exactly how many dates should be released. On this point, the parties assured the Tribunal that they will keep it apprised of further developments and make a request to release the appropriate number of dates in a timely manner.
6The Tribunal is satisfied with the above updates and proposed approach going forward. The present Member is not seized but may be contacted through the Case Coordinator should any issues arise.
“K.R. Andrews”
K.R. ANDREWS 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.