Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 21, 2024
CASE NO(S).: OLT-23-001020
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1728 Bloor West Dev Inc.
Subject: Zoning By-law Amendment
Description: To permit a 19-storey mixed use building with a total of 99 residential units
Reference Number: 23 119823 STE 04 OZ
Property Address: 1728 Bloor Street West
Municipality/UT: Toronto / Toronto
OLT Case No.: OLT-23-001020
OLT Lead Case No.: OLT-23-001020
OLT Case Name: 1728 Bloor West Dev Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A
Appellant: 1728 Bloor West Dev Inc.
Subject: Site Plan
Description: To permit a 19-storey mixed use building with a total of 99 residential units
Reference Number: 23 119833 STE 04 SA
Property Address: 1728 Bloor Street West
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-23-001021
OLT Lead Case No.: OLT-23-001020
Heard: February 15, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
1728 Bloor West Dev Inc.
E. Costello
City of Toronto
U. Gautam R. Kallio
Bloor Keele Holdings Inc.
R. Kehar
Toronto Lithuanian Senior Citizens Inc.
A. Kaminskas* (Agent)
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON FEBRUARY 15, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is a first Case Management Conference (“CMC”) relating to an appeal pursuant to s. 34 (11) of the Planning Act (“Act”) and s. 114 (15) of the City of Toronto Act, from the failure of the City of Toronto (“City”) to make a decision within the statutory timeframe with respect to a Zoning By-law Amendment (“ZBA”) and Site Plan Application (“SPA”) respectively. The appeals have been filed by 1728 Bloor West Dev Inc. (“Appellant”) regarding the property located at 1728 Bloor Street West (“Subject Property”).
2The Subject Property is located at the northeast corner of Bloor Street West and Indian Grove, one block east of Keele Street, the Keele Subway Station and High Park. The Lands have approximate frontages of 15.24 metres ("m”) along Bloor Street West and 29.85 m along Indian Grove, providing for a lot area of 455.7 square metres (“m2”).
3The ZBA is seeking approval to facilitate the redevelopment of the Subject Property with a 19-storey mixed-use commercial and residential building. The proposed building will contain at-grade commercial uses at the southwest corner of the building. The proposal includes a total gross floor area (GFA) of approximately 6,860 m2, composed of approximately 99 new residential units and approximately 90 m2 of non-residential GFA, resulting in a total density of about 15.3 times the area of the lot. The total building height is proposed to be approximately 61.5 m, exclusive of mechanical penthouse.
4The Tribunal was in receipt of an Affidavit of Service dated January 18, 2024, by Natalie Hickey confirming that Notice of this CMC was properly provided, which was marked as Exhibit 1.
STATUS REQUESTS and SETTLEMENT DISCUSSIONS
5There were two written requests for Party Status. The first was from Bloor Keele Holdings Inc. (“BKH”) which is the property owner at 1730 Bloor Street West, at the northwest corner of Bloor Street West and Indian Grove, which is adjacent to the Keele Subway Station.
6Counsel for BKH advised that Party Status would allow BKH to monitor the appeals in the form of a watching brief, observing any modifications that may ensue through the appeal process and currently does not anticipate opposing the proposed development, while it is also pursuing its own redevelopment plans.
7Counsel for both the Applicant and the City each advised that there were no concerns or objections associated with this Party Status request, and the Tribunal conferred Party Status to BKH, as represented by Mr. Kehar.
8The second Party Status request comes from the Toronto Lithuanian Senior Citizens Inc. (“TLSC”), located at 1700 Bloor Street West, and immediately abutting the Subject Property. Mr. Al Kaminskas, Chair of the Board of Directors, advised the Tribunal that, as a non-profit housing corporation, TLSC has a number of concerns with the proposed development, including but not limited to the following:
- Setbacks, height requirements and shadow impact;
- Impact on future neighbouring developments;
- Rooftop communications systems and other outdoor building amenities;
- Excavation, shoring and other construction related issues.
9Mr. Kaminskas was thoroughly apprised of the Tribunal’s Rules of Procedure (“Rules”) as they relate to the Role and Obligations of a Party, and advised the Tribunal that TLSC is also actively seeking legal counsel to act on their behalf at future meetings and discussions.
10Based on this information, Counsel for all of the other Parties each advised that there were no concerns or objections associated with the request and the Tribunal conferred Party status to TLSC, with Mr. Kaminskas currently acting as its agent.
HEARING REQUEST, PROCEDURAL ORDER and ISSUES LIST
11All of the Parties agreed to the scheduling of a Merit Hearing commencing the week of August 12, 2024, for a length of 10-days. After carefully reviewing the Tribunal calendar, the Tribunal scheduled a Merit Hearing to commence on August 12, 2024, at 10 a.m. by video conference for a period of 10-days.
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 Meeting: https://meet.goto.com/996288525
Access code: 996-288-525
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) 1 888 455 1389 or +1 (647) 497-9391. The access code is 996-288-525.
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.
16The Tribunal was also in receipt of a draft Procedural Order and Issues List (“PO/IL”) the morning of the CMC. The Applicant also shared the draft PO/IL at the CMC with the newly added Parties.
17Following some discussion among all of the Parties, there was agreement that a final PO/IL could be completed and submitted to the Tribunal by February 29, 2024.
18The Tribunal concurred with this and directed that the final PO/IL is to be submitted to the Case Coordinator on or before February 29, 2024, which will guide the proceedings leading up to and during the Hearing.
19Finally, the Parties advised the Tribunal that there were recent ongoing discussions relating to the scoping of issues and that they are aware of the availability of Tribunal-led mediation if mutually agreed. The Tribunal is encouraged by these efforts and also encouraged the Parties to communicate any new developments relating to the matter to the Case Coordinator.
ORDER
20THE TRIBUNAL ORDERS that:
a) The date and particulars of the Merit Hearing are set out above; and,
b) The directions in this Decision are so ordered.
21There will be no further notice.
22The Member is not seized on this matter.
“Steven T. Mastoras”
STEVEN T. MASTORAS
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.