Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 01, 2024
CASE NO(S).: OLT-23-000651
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Rox General Partners Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of 33 residential units in a 12-storey mixed-use building
Reference Number: 22 137060 STE 11 OZ
Property Address: 219-221 Roxton Road
Municipality: Toronto
OLT Case No.: OLT-23-000651
OLT Lead Case No.: OLT-23-000651
OLT Case Name: Rox General Partners Ltd. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Rox General Partners Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of 33 residential units in a 12-storey mixed-use building
Reference Number: 22 137060 STE 11 OZ
Property Address: 219-221 Roxton Road
Municipality: Toronto
OLT Case No.: OLT-23-000652
OLT Lead Case No.: OLT-23-000651
PROCEEDING COMMENCED UNDER subsection 114(15) of the City of Toronto Act, 2006, S.O. 2006, c. 11, Sched. A, as amended.
Applicant/Appellant: Rox General Partners Ltd.
Subject: Site Plan
Description: To permit the development of 33 residential units in a 12-storey mixed-use building
Reference Number: 22 137059 STE 11 SA
Property Address: 219- 221 Roxton Road
Municipality: Toronto
OLT Case No.: OLT-23-000653
OLT Lead Case No.: OLT-23-000651
Heard: April 26, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Rox General Partners Ltd. (Jim Kotospoulos)
Paul DeMelo
City of Toronto
Marc Hardiejowski
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SAUVE ON APRIL 26, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1This is the third Case Management Conference (“CMC”) concerning the Rox General Partners Ltd. (“Appellant”) Appeal against the failure of the City of Toronto (“City”) to decide on concurrent applications for an Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBA”), and Site Plan Application to redevelop lands known Municipally as 219-221 Roxton Road (“Subject Property”). The Subject Property has frontage on the south side of College Street and the east side of Roxton Road.
2The Appellant is seeking planning permissions which will allow for the demolition of two existing residential buildings (one vacant) and permit the redevelopment of 33 residential (rental) units in a 12-storey mixed-use building.
3The OPA seeks to redesignate the Subject Property from Neighbourhoods to Mixed Use, permitting a higher-density, mixed-use and transit-supportive development. The ZBA seeks to rezone the Subject Property from Residential to Commercial Residential (“CR”) which permits a range of commercial uses, including, but not limited to; offices, personal service shops, retail stores, and eating establishments. The CR zone designation also permits residential uses such as an apartment building and mixed-use buildings.
UPDATE
4The Parties informed the Tribunal that a Settlement may be close at hand and asked for a Settlement Hearing date to be set in late July 2024. The City expects to receive instructions from Council in June 2024. A four-(4) day Merit Hearing was previously scheduled to begin on Monday, November, 25, 2024, and will remain as scheduled.
5The Tribunal raised the issue of scheduling a date for a Settlement Hearing, that may not happen, with also having Merit Hearing already scheduled not being the most efficient use of the Tribunal’s time. The Parties informed the Tribunal that they believe a Settlement is likely, and that they will inform the Tribunal immediately if the Merit Hearing dates can be released.
6To ensure the matter progresses, if a Settlement cannot be agreed upon, the Tribunal Ordered the Parties to submit a draft Procedural Order and Issues List by Friday, July 19, 2024. If the Settlement Hearing does not proceed on Friday, July 26, 2024, that date will be converted to a CMC.
HEARING INFORMATION
7A Settlement Hearing has been scheduled for Friday, July 26, 2024, beginning at 10 a.m. by Video Hearing.
8A Merit Hearing had previously been scheduled for four (4) days, to commence on Monday, November 25, 2024, at 10 a.m. by Video Hearing. The log in information for the Merit Hearing will be repeated below for convenience.
9The details to access the Video Hearings for the Settlement Hearing and the four-day Merit Hearing are below.
10Parties and Participants are asked to log into the Video Hearings at least 15 minutes before the start of the event to test their video and audio connections:
Friday, July 26, 2024 at 10 a.m. (Settlement Hearing)
GoToMeeting: https://global.gotomeeting.com/join/719383509
Access Code: 719-383-509
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889
Audio-only access Code: 719-383-509
Monday, November 25, 2024 at 10 a.m. (Four-(4) day Merit Hearing)
GoToMeeting: https://global.gotomeeting.com/join/719383509
Access Code: 719-383-509
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889
Audio-only access Code: 719-383-509
11Persons 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.
12Individuals 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 Hearings 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.
13THE TRIBUNAL ORDERS THAT:
A Settlement Hearing shall commence on Friday, July 26, 2024, at 10 a.m. by Video Hearing; and
The Parties shall submit a draft Procedural Order to the Tribunal by Friday July 19, 2024. If a Settlement is reached, the Parties may ask for this date to be struck.
14No further notice is required; and
15This Member is not seized.
“A. Sauve”
A. SAUVE
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.