Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 2, 2024

CASE NO(S).: OLT-23-000941

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Marlin Realty Ltd.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the development of a 38-storey mixed-use building containing 399 dwelling units

Reference Number: 22 225744 STE 19 OZ

Property Address: 8 Dawes Road

Municipality: City of Toronto

OLT Case No.: OLT-23-000941

OLT Lead Case No.: OLT-23-000941

OLT Case Name: Marlin Realty Ltd. v. Toronto (City)

Heard: February 27, 2024 by Video Hearing

APPEARANCES:

Parties Counsel

Marlin Realty Ltd. (“Appellant”) Michael Foderick Daniel Angelucci (in-absentia)

City of Toronto (“City”) Michael Mahoney Jason Davidson Laura Bisset (in-absentia)

Canadian Tire Corp. Jennifer Evola Signe Leisk (in-absentia)

Jacob’s Tent Inc. Michael Cara Daniel Artenosi (in absentia)

6 Dawes Fitzrovia Inc. Michael Cara Daniel Artenosi (in absentia)

Minto (Dawes) GP Inc. Belinda Schubert Cynthia MacDougall (in absentia)

Tri-Metro Investments Inc. Andy Margaritis Mark Flowers (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM ON February 27, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the second Case Management Conference (“CMC”) concerning Marlin Realty Ltd.’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 38-storey mixed-use building at 8 Dawes Road (“Subject Property”) that is primarily residential and consisting of three, two, and single-bedroom units while also including commercial and other non-residential uses. The development proposes to provide above-ground parking for automobiles and spaces for bicycle parking.

3The Subject Property is currently vacant and located on the east side of Dawes Road and south of Danforth Avenue. The City’s Official Plan (“OP”) designates the Subject Property within the Mixed-Use Areas which are intended to accommodate growth.

4The ZBA is being sought to rezone the Subject Property to Commercial Residential (“CR”) in the City of Toronto Zoning By-law No. 569-2013. Within the CR Zone dwelling units within an apartment building and a variety of commercial uses are permitted with some conditions.

5The first CMC resulted in five Parties being added and one Participant Status being granted. A 10-day hearing was scheduled to commence on Monday, July 10, 2024, at 10 a.m. by Video Hearing. In preparation for the hearing, a second CMC was scheduled to receive an update from the Parties and review and approve a Procedural Order. (“PO”)

HEARING PLANNING UPDATE

6The Appellant provided the Tribunal with a draft PO on consent of the Parties and indicated that settlement discussions are ongoing with the City, but they have not engaged with all Parties at this point. Mr. Foderick was optimistic that the issues could be resolved and referred to four other site-specific settlements occurring in the vicinity of Dawes Road. He requested that the Parties be given additional time to review updated information related to the Proposal before a final draft of the PO is submitted to the Tribunal.

7There was consensus among the Parties to maintain the 10 days scheduled for the hearing based on the projected number of witnesses required. It was generally anticipated that the Parties would call experts in land use planning, architectural design, traffic/transportation, and servicing. There was general optimism among the Parties that they would be able to resolve the issues prior to the commencement of a hearing.

8The Tribunal directed the Parties to submit a final draft PO by Friday, March 15, 2024.

9The Tribunal received and approved the PO which is found in Schedule 1.

MEDIATION

10Settlement discussions are ongoing with the City, and they are expected to continue as both Parties