Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
March 12, 2024
CASE NO(S).:
OLT-23-001079
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Cartareal Corporation N.V.
Subject:
Application to amend the Zoning By-law-Refusal or Failure to make a decision
Description:
To permit a 64-storey mixed-use building containing 704 residential units
Reference Number:
22 198152 STE 11 OZ
Property Address:
505 University Avenue
Municipality/UT:
Toronto/Toronto
OLT Case No.:
OLT-23-001079
OLT Lead Case No.:
OLT-23-001079
OLT Case Name:
Cartareal Corporation N.V. v. Toronto (City)
Heard:
February 16, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Cartareal Corporation N.V.
Mary L. Flynn-Guglietti
City of Toronto
Daniel Elmadany
481 Uni Investments Inc.
Maggie Bassani
MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM ON February 16, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) concerning Cartareal Corporation N.V.’s (“Appellant”) appeal due to the City of Toronto’s (“City”) failure to make a decision on an application for a Zoning-By-law amendment (“ZBA”) under s. 34(11) of the Planning Act, R.S.O. 1990 (“Act”) as amended and within the timeframes prescribed in the Act.
2The application to the City seeks to build a 64-storey mixed-use building at 505 University Avenue (“Subject Property”) where zoning currently permits a 45-storey building. The redevelopment proposes 704 residential units, a 12-storey office podium and four-storey below-grade parking. To permit the proposal, a ZBA is required to amend both the former City’s Zoning By-law 438- 86 and By-law 569-2013. There is an existing 20-storey office building with retail at grade on the Subject Property and it is zoned Commercial Residential.
3The Affidavit of Service was sworn on January 16, 2024, and confirms that notice was served. The Affidavit of Service was marked as Exhibit 1, and on the consent of the Parties, it was determined that no further notice is required.
STATUS REQUEST
4The Tribunal received one Party Status request from 481 Uni Investments Inc. which owns multiple properties (“Davpart Lands”) adjacent to the Subject Property and currently has a 54-storey mixed-use building under construction.
5On consent of the Appellant, and in light of their obvious interest in the proposed development given their re-development project and proximity to the Subject Property, 481 Uni Investments Inc. was granted Party status by the Tribunal.
MEDIATION
6Counsel for the Appellant indicated that the Parties are interested in Tribunal led mediation and will pursue this option in the period between this CMC and the next scheduled hearing event.
NEXT STEPS
7The Tribunal heard submissions from the Parties regarding the next steps concerning this case. In summary, the Appellant requested that a second CMC be scheduled in September to allow time for other matters related to the Subject Property to be determined. Ms. Flynn-Guglietti referred to a Notice of Intention to Designate under Part 4 of the Heritage Act and a potential Official Plan Amendment (“OPA”) application to the City as specific items related to the Subject Property. She also suggested that a September date provides time for the mediation process to occur.
8Counsel for the City had no concerns with a September date for a second CMC. He indicated that there has been no application for an OPA to the City by the Appellant as of this date and that he does not support the ‘Notice of Intention’ issue coming to the Tribunal at a second CMC. Counsel for Davpart Lands had no objections to the schedule proposed.
9The Tribunal directs that a second CMC is scheduled for Monday, September 16, 2024. The Parties will update the Tribunal by Tuesday, August 6, 2024, so that an agenda can be confirmed for the second CMC. If a draft settlement has not been reached related to the ZBA appeal, it is expected that a draft procedural order and issues list be provided for consideration by the Tribunal and to assist in setting dates for a hearing of the merits.
10The CMC is scheduled to proceed by video as follows:
Monday, September 16, 2024 at 10 a.m.
GoToMeeting: https://global.gotomeeting.com/join/660145013
Access code: 660-145-013
Audio-only line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373
Audio-only access code: 660-145-013
11Parties 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.
12Parties 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
13Persons 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 as indicated above.
14Individuals 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 Video Hearing 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.
15The Member is not seized, and no further notice is required.
ORDER
16THE TRIBUNAL ORDERS THAT:
481 Uni Investments Inc. be granted Party status.
The second Case Management Conference shall commence on Monday, September 16, 2024, at 10 a.m. by video as per the details set out above.
“Gregory J. Ingram”
GREGORY J. INGRAM
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.